AGREEMENT
AGREEMENT
Terms of Service
Your use of WorldOfValue.com™ is expressly conditioned on your acceptance of and agreement to the following Terms of Service Agreement (the "Agreement"). This Agreement sets forth the terms and conditions which apply to the use by you of WorldOfValue.com™ . If you do not agree with any part of the terms and conditions of this Agreement, you must not use WorldOfValue.com™ . These terms and conditions shall apply regardless of the means by which WorldOfValue.com™ or any WorldOfValue.com Network Associate WORLDOFVALUE-MERCHANT was accessed, including, but not limited to, through the URL address, electronic mail, or links from another site.
1. USE OF WorldOfValue.com
You agree to use WorldOfValue.com only for purposes which are lawful in every country and jurisdiction in the world and all subdivisions thereof. Without limiting the foregoing, you agree not to post, upload, transmit or provide links through WorldOfValue.com to any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material of any kind or nature; any material which violates or infringes in any way upon the rights of others; any material which is invasive of privacy or publicity rights; or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. WorldOfValue.com neither endorses the contents of any Producer and/or User communications nor assumes responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property, rights arising therefrom or any crime facilitated thereby.
Use of WORLDOFVALUE-MERCHANT
Disclaimers by WorldOfValue.com
Governing Law and Jurisdiction
Any attempt to gain unauthorized access to WorldOfValue.com’s computer systems is prohibited. Not all areas of WorldOfValue.com may be available to you. You shall not interfere with any other Producer’s and/or any other User’s use and enjoyment of WorldOfValue.com or another entity’s use and enjoyment of similar services.
You agree not to post, upload, provide links through WorldOfValue.com, or transmit any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail, without WorldOfValue.com’s prior written approval. You will not use WorldOfValue.com for distribution of chain letters, junk mail, spamming, or any use of distribution lists to any person(s) or entities who have not given specific permission to be included in such a list. WorldOfValue.com reserves the right to modify or remove anything submitted, posted, or uploaded to WorldOfValue.com, at any time for any reason without prior notice. You agree not to submit any message board posting, e-mail, and/or chat room statement that contains or provides links to:
Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent, or that violates local, state, national and/or international laws;
Unsolicited e-mail using a WorldOfValue.com address or containing any references to Producer’s WORLDOFVALUE-MERCHANT (spam);
Any material that violates or infringes in any way upon the rights of others including, without limitation, copyright or trademark rights; this includes "warez" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork;
Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harmful, libelous, indecent, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
Content that promotes, encourages, or provides instructional information about illegal activities (such as "hacking", "cracking", or "phreaking");
Any software, information or other material that contains code, corrupted data, or any other harmful or damaging component designed to damage or impaired the operability of computer systems; Any raffle, contest, or game requiring payment of a fee by participants;
Hate propaganda or hate mongering, swearing, or fraudulent material or activity; and, Any false "header" (the legend attached to e-mail messages to show the message’s point of origin, route and destination) or otherwise falsely configured e-mail. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses.
WorldOfValue.com may terminate any and all information, communication(s), and/or Posting(s), at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by WorldOfValue.com elsewhere on the site. WorldOfValue.com may delete any and all information, communication(s), and/or Posting(s) for On-line conduct that WorldOfValue.com believes is harmful to other Producers or Users, the business of WorldOfValue.com, or other third party information providers.
You are entirely responsible and liable for all activities conducted through your chat session. WorldOfValue.com does not verify, endorse, or vouch for the contents of any chat session. Users may be held legally liable for the contents of their chat session(s), and may be held legally accountable if their chat session(s) include(s) material that infringes any patent, trademark, trade secret, copyright, or any other intellectual property or proprietary right(s) of any party. By submitting content to any chat room, you automatically grant, or warrant that the owner of such content has expressly granted, WorldOfValue.com the worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, advertise, market, promote, use, copy, modify, adapt, publish, translate, transmit, distribute, publicize, and publicly perform or display in any manner any such content (in whole or in part) and/or incorporate it in other works in any form, media, or technology now known or not currently known for the full term of any rights that may exist in such content.
You agree to indemnify and hold harmless WorldOfValue.com for any loss, liability, claim, damage and expense (including reasonable attorney’s fees) arising from or in connection with the contents of the User’s chat session(s). Chat events created by WorldOfValue.com Users are not sponsored by WorldOfValue.com, and WorldOfValue.com is not responsible for the subject matter or the content of the chat.
In the event that WorldOfValue.com receives a complaint that the contents of any personal chat session infringe intellectual property rights or otherwise are unlawful, WorldOfValue.com shall request substantiation from the complaining party (for example, substantiation of proof of ownership in the form of a trademark, service mark, or copyright registration) and, will take such steps that it believes to be appropriate under the circumstances, including, for example:
Provide User with contact information for the complaining party;
Instruct User to contact the complaining party to resolve the dispute;
Inform the complaining party of WorldOfValue.com’s actions and ask the complaining party to work directly with User. All correspondence between the parties also must be sent to WorldOfValue.com
WorldOfValue.com reserves the right to release current or past User information in the event WorldOfValue.com believes that User(s) are in violation of the terms and conditions and/or content guidelines contained in this Agreement, that accounts are used to commit unlawful acts, or if the information is subpoenaed.
WorldOfValue.com does not maintain archives of the chat log dialogs or log-ins of the individual who participate in chat room discussions. WorldOfValue.com does not perform any analysis of chat room discussions and encourages chat room participants not to give personal identifying information or WorldOfValue.com’s passwords to anyone in the chat room(s). All members and visitors should be aware that when they disclose personal identifying information such as their actual name, member name, e-mail address, etc., in a chat room, the information may be collected and used by others to send that person unsolicited e-mail. If you encounter any WorldOfValue.com User who is improperly collecting or using information, please contact.
WorldOfValue.com is not responsible for the content of any Producer’s WORLDOFVALUE-MERCHANT(s). The opinions and views expressed on such Producer’s WORLDOFVALUE-MERCHANT(s) do not necessarily represent those of WorldOfValue.com WorldOfValue.com does not verify, endorse, or vouch for the content of such Producer’s WORLDOFVALUE-MERCHANT(s).
WorldOfValue.com is not responsible for the delivery or quality of any goods or services sold or advertised through or on any WORLDOFVALUE-MERCHANT(s). You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amount when due in compliance with all rules and restrictions regarding all charges, fees, duties, taxes, and assessments arising out of the use of WorldOfValue.com
You acknowledge that individual stores may not be monitored and that you do not rely on WorldOfValue.com to monitor or edit individual stores You also acknowledge that individual stores may contain content that you may find offensive, and you hereby waive any objections you might have with respect to viewing such content. WorldOfValue.com has no obligation to review any WORLDOFVALUE-MERCHANT(s), message-board posting(s) and/or chat room statement(s) in any way before those materials appear on WorldOfValue.com’s service. Although WorldOfValue.com does not actively or regularly monitor the content of individual WORLDOFVALUE-MERCHANT(s), WorldOfValue.com reserves the right to monitor and to investigate any complaints regarding any content of individual WORLDOFVALUE-MERCHANT(s), message-board posting(s), and/or chat room statement(s) and to take any appropriate action if WorldOfValue.com finds violations of this Agreement.
You agree that WorldOfValue.com shall have the right, in its sole discretion, but not the obligation, to monitor the use of WorldOfValue.com or any individual WORLDOFVALUE-MERCHANT(s) by you and other Users to determine compliance with this Agreement and for any other purpose deemed appropriate by WorldOfValue.com In addition, WorldOfValue.com may use any information gathered during any such monitoring for any purpose deemed appropriate by WorldOfValue.com to the extent permitted by law. You agree that any personal data provided by you to WorldOfValue.com may be used, to the extent permitted by law, for any purpose WorldOfValue.com deems appropriate and may, within WorldOfValue.com’s sole discretion, be given or sold to third parties. You acknowledge that you understand that when you disclose personal information (e.g., User name, e-mail address) on WorldOfValue.com or any individual WORLDOFVALUE-MERCHANT(s), that information can be monitored, collected, and used by others and may result in unsolicited messages from other Users or other third parties and that you consent to all such monitoring, collection, and use.
WorldOfValue.com contains links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet. You agree that WorldOfValue.com is not responsible for the availability of these external locations, or other content including, without limitations, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain material or communications, which are unedited, untrue, illegal in some jurisdiction and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that WorldOfValue.com shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or allege to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or web master.
6. DISCLAIMERS BY WorldOfValue.com
WorldOfValue.com PROVIDES ALL SERVICES ON AN "AS IS" BASIS. USER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT PRODUCER’S OWN RISK. WorldOfValue.com DOES NOT MAKE ANY, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. WorldOfValue.com DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR ERROR FREE ACCESS OR USAGE, AND WorldOfValue.com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
NEITHER WorldOfValue.com NOR ANY THIRD PARTY CONTENT PROVIDER MAKES ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH WorldOfValue.com WorldOfValue.com AND THIRD PARTY CONTENT PROVIDERS MAKE NO GUARANTEE OF THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION PROVIDED BY WorldOfValue.com AND ARE NOT RESPONSIBLE FOR: (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF SUCH INFORMATION; (II) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICES CONTAINED WITHIN WorldOfValue.com; OR, (III) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT OF SERVICES PROVIDED BY WorldOfValue.com
You agree to be responsible for obtaining and maintaining all hardware, software, telephone, service and other equipment needed for access to and use of WorldOfValue.com, and you shall be responsible for all charges related thereto. You further agree to be responsible for all Internet, service or other telecommunications charges and fees that may be incurred by you in the maintenance, uploading, use, access to, or viewing of any WORLDOFVALUE-MERCHANT(s).
You represent and warrant that you are of sufficient legal age to use WorldOfValue.com and to create binding legal obligations for any liability you may incur as a result of the use of WorldOfValue.com or any of its affiliate WORLDOFVALUE-MERCHANT(s). You agree to be financially responsible for all of your use of WorldOfValue.com (as well as for use of your account or log-in information by others, including without limitation minors living with you). You agree to supervise all usage by minors of WorldOfValue.com under your name or account.
UNDER NO CIRCUMSTANCES AND UNDER NO EVENT SHALL WorldOfValue.com OR WorldOfValue.com’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, SAVINGS, PROFITS, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR WorldOfValue.com, OR THE CLAIMS OF THIRD PARTIES INCLUDING END USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF WorldOfValue.com HAS BEEN ADVISED OF (OR IF WorldOfValue.com IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WorldOfValue.com’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR WorldOfValue.com UNDER ANY LEGAL THEORY WILL NOT EXCEED THE TOTAL AMOUNT OF BASE COMMISSIONS AND BONUSES PAYABLE TO PRODUCER UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SO THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT BE APPLICABLE.
User hereby agrees to indemnify and hold harmless, and at WorldOfValue.com’s request, defend WorldOfValue.com, and its subsidiaries and affiliates, and its and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of WorldOfValue.com; (ii) any misrepresentation of a representation or warranty or breach of a covenant and Agreement made by User herein; or, (iii) any claim related to Producers WORLDOFVALUE-MERCHANT(s), including without limitation, content therein not attributable to WorldOfValue.com
If any third party brings a claim, lawsuit, or other proceeding(s) against WorldOfValue.com based on User’s conduct or use of WorldOfValue.com’s services, User agrees to compensate WorldOfValue.com (including its officers, directors, employees and agents) for any and all losses, liabilities, damages or expenses, including attorneys’ fees, incurred by WorldOfValue.com in connection with any such claim, lawsuit or proceeding.
WorldOfValue.com reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever WorldOfValue.com becomes aware of possible violations. Such an investigation may include gathering information from User and the complaining party and reviewing materials on WorldOfValue.com’s servers. During an investigation, WorldOfValue.com may remove any and all disputed material from WorldOfValue.com’s servers.
If WorldOfValue.com believes, in its sole discretion, that a violation of the terms and conditions of this Agreement has occurred, WorldOfValue.com may take any action it deems appropriate under the circumstances known to it, which may include removal of material from WorldOfValue.com’s servers, warnings and/or suspension or termination of User account(s). Violations also could subject User to criminal or civil liability.
12. GOVERNING LAW AND JURISDICTION
The formation, construction and interpretation of this Agreement shall be controlled and governed by the laws of the United States and the State of ARIZONA, U.S.A., as such law applies to Agreements between ARIZONA residents entered into and to be performed within ARIZONA. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the State and Federal Court of the State of ARIZONA, U.S.A. It is hereby agreed that any matter arising under this Agreement shall be finally adjudged or determined in any court or courts of the State of ARIZONA or of the United States of America, in MARICOPA County, ARIZONA, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts and of any of them in respect to any such matter and consent to service of process by any means authorized by ARIZONA law.
Your use of WorldOfValue.com or any affiliate WORLDOFVALUE-MERCHANT(s) constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by WorldOfValue.com or by third-party content providers in connection with third-party content, software, or services available on, through or in connection with WorldOfValue.com
WorldOfValue.com reserves the right to automatically amend this Agreement at any time by sending the amended terms and conditions to the e-mail address we have for you in our system. Such amendments will be effective when we send the notification to you. WorldOfValue.com also may amend this Agreement by posting the amended version on WorldOfValue.com’s web site. In this case, such amendments will be effective when posted.
WorldOfValue.com shall be excused from performance of its obligations for any period to the extent that WorldOfValue.com is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), Internet failure, equipment failure, war, fire, earthquake, flood, explosion, unusually severe weather, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, insurrection, riot, civil disturbance, foreign or domestic court order, labor dispute, third party non-performance (including the acts or omissions of any suppliers, agents or subcontractors) or any other cause beyond WorldOfValue.com’s reasonable control affecting production or delivery in any manner, including failures or fluctuations in electrical power, heat, light, air conditioning or telecommunication equipment or lines or any other equipment, whether electronic or otherwise.
WorldOfValue.com’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of WorldOfValue.com’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of WorldOfValue.com to exercise or take advantage of any right or remedy that WorldOfValue.com has or may have hereunder operate as a waiver of any right or remedy.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
This Agreement constitutes the entire agreement between the parties concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications, and Agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom.
WorldOfValue.com RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. BY USING WorldOfValue.com OR ANY AFFILIATE WORLDOFVALUE-MERCHANT(S), YOU SIGNIFY YOUR EXPLICIT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE WorldOfValue.com OR ANY AFFILIATE WORLDOFVALUE-MERCHANT(S).
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