All use of WorldVuer, its website and any free or subscription services offered
by WorldVuer, including but not limited to: use and/or ownership of any chat rooms
on WorldVuer, use of WorldVuer discussion boards, or any game, or other product
or service (Collectively the “service”) are subject to the terms of this agreement
and the policies, agreements and instructions for the use of this agreement and
the policies herein and/or on the website and posted by WorldVuer, are hereby incorporated
herein. The term “user” includes any person or entity ordering and/or using the
service, as well as any person or entity acting on behalf of such person or entity
in relation to ordering and/or using the service.
Any user, by ordering and/or using the WorldVuer services agrees to be bound by
the terms and conditions of this agreement. If the person or entity ordering or
using this service is acting on behalf of another person or entity, he/she represents
and warrants that he/she has the power and authority to use the service and to enter
into this agreement on behalf of such entity and that his/her actions have been
duly authorized by such entity.
All Users agree to be bound by the terms and conditions of this Agreement and acknowledge
and accept that:
WorldVuer acts only as a forum and technical interface between Users and does not
itself verify the qualifications of Users, nor does it evaluate, control or monitor
in any ongoing manner exchanges between users. Users must use their own judgment
in evaluating the qualifications of and statements made by Users. Any opinions expressed
by a User are of those of the User alone, and are not to be attributed to WorldVuer.
WorldVuer cannot and does not assume responsibility for the accuracy, completeness,
safety, timeliness, legality or applicability of anything said or written by any
User. There are risks of dealing with underage persons, or persons acting under
false pretenses. Authentication on the Internet is difficult, and accordingly, WorldVuer
cannot always confirm that each User is whom they claim to be or that they can deliver
services or make payments. WorldVuer cannot control the information provided by
Users. Users’ information might be offensive, harmful, untimely, inaccurate and/or
deceptive and, accordingly, you agree to exercise caution, discretion and common
sense when using the Service.
Information, advice, opinions or comments expressed by any User via the Service
are not intended to substitute for informed professional advice. You should not
use the Service for emergency purposes or to seek or provide diagnosis or treatment
of medical, psychiatric or psychological problems, or as a substitute for face-to-face
professional consultation. If you have a medical or psychiatric emergency, call
your physician or 911 immediately. WorldVuer is not a referral service and WorldVuer
does not endorse or recommend the use of any professional services. You must use
your judgment to determine when it is necessary to consult with a provider who is
local, licensed in your state or country, available in person, or otherwise possesses
qualities required to properly diagnose or advise you, especially in areas of expertise
such as medicine, law, accounting, psychological counseling, investment, tax or
other financial advice, requiring government or regulatory licensing or certification,
or for high risk activities.
Modification and Termination
WorldVuer reserves the right in its sole discretion to modify or discontinue the
Service or modify the terms and conditions of Users’ access to the Service, without
notice to Users.
Without limiting other remedies, WorldVuer may immediately issue a warning, temporarily
suspend, indefinitely suspend your use of the Service and refuse to provide our
services to you for any reason, including without limitation, violation of any one
or more of WorldVuer’s City Standards or the terms described in paragraph c. below
or (1) if you breach this Agreement or the documents it incorporates by reference;
(2) if WorldVuer is unable to verify or authenticate any information you provide
to WorldVuer; or (3) if WorldVuer believes that your actions may cause legal liability
for you, our users, or to WorldVuer. Such termination or suspension of services
may be without refund, at WorldVuer’s sole discretion.
IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE FOLLOWING
WORLDVUER’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.
Eligibility and Security
Authorized use of the Service is available only to persons who are at least 13 years
old and who are otherwise capable of forming legally binding contracts under applicable
law. In addition, WorldVuer does not permit membership or use of the Service in
a country that is prohibited by law, regulation, treaty or administrative act from
entering into trade relations with the United States or its citizens.
Users shall supervise and be solely and fully responsible for (i) all activities
that occur under a User’s password or account, including, but not limited to, all
usage by minors of the Service, and (ii) maintaining the confidentiality of User’s
account, password or any personally identifiable information.
Information
User is solely responsible for and shall continuously provide to the Service true,
accurate and current and complete information including, without limitation, billing
and credit card information and all other personally identifiable information provided
by the User. Users agree that WorldVuer may use this information as described in
WorldVuer’s Privacy Policy. Users may not share, or transfer paid membership accounts.
User Conduct
USER SHALL NOT USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE
ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION
OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If WorldVuer has notice
that a User has violated this term of user, WorldVuer may, in its sole discretion,
either (1) warn the user that the User is in violation of this term of the Agreement,
(2) remove the material from our site or (3) terminate the User's access to the
Service without warning.
User shall not (i) copy, modify, create a derivative work of, reverse engineer,
decompile, disassemble, or otherwise attempt to discover any source code or (ii)
modify or attempt to modify the Service in any manner or form.
User will not take any actions, which may undermine the integrity of the user referral
system, or the User feedback system used to solicit feedback from Users.
User will not create obscene, profane, threatening, defamatory, or hateful user
screen names, room names, topic names, welcome messages, or comments in any area
of the Service.
User will not solicit Credit Card numbers for goods or services, nor engage in any
commercial activity on the Service which WorldVuer has not expressly, and previously
authorized.
User will not solicit for advertisers or sponsors.
User will not display advertising or sponsorships of any kind on WorldVuer message
boards or in other service areas, including banners that are generated by banner
or link exchange services, with the sole exception of those placed there by WorldVuer
or its affiliates;
User will not interfere with the operation of any official help boards, chats, or
other services, or impede the ability of WorldVuer employees to perform their duties.
User shall (i) use the Service in compliance with all applicable local, state, national,
and international laws, rules and regulations; (ii) not interfere with the use and
enjoyment of the Service by other Users; (iii) not interfere with or disrupt the
Service or sources or networks connected to the Service; (iv) shall comply with
all requirements, procedures, policies and regulations posted on the Service by
WorldVuer from time to time and/or any networks connected to the Service; (v) not
use the Service in a manner which may result in the breach of any Agreement by User
with any third party; (vi) will not transmit through the Service any unlawful, harassing,
defamatory, libelous, slanderous, disparaging, privacy invading, abusive, threatening,
harmful, misleading, obscene or otherwise objectionable material of any kind; (vii)
not use the Service for the placing of wagers or bets or other gambling activity;
(viii) not use the Service in a manner that promotes or contributes to the delinquency
of a minor or solicit a minor in any way through the Service; (ix) not attempt to
gain unauthorized access to other computer systems or networks connected to the
Site; x) not transmit “junk mail”, “spam”, “chain letters”, or unsolicited mass
distribution of email or bulletin board postings; (xi) not use any information or
material on this site for marketing or solicitation; (xii) not transmit broad solicitation
for employees, consultants, contractors or for participation on their Web sites;
(xiii) not use Service for purposes of multi-level marketing proposals, for example,
offering to help participants “get rich quickly”, “lose weight now” or “make money
surfing the Web,” and (xiv) not transmit any viruses, Trojan horses, worms, time
bombs, cancelbots, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information from our Users, our Employees, or the system itself.
User Billing and Payment
Any user who subscribes to or uses any paid WorldVuer service is responsible for
payment of fees at the rate listed by WorldVuer. The user authorizes WorldVuer to
collect such fees immediately by debiting the user's credit card or through the
immediate collection of other forms of payment, electronic or otherwise.
Subscription Refunds
Users who subscribe to a WorldVuer premium subscription service are entitled to
a refund within seven days of purchase. No refunds shall be issued after seven days
have elapsed. Users whose memberships are terminated or revoked by WorldVuer for
Terms of Service or City Standards violations forfeit any right to a refund for
subscriptions paid to WorldVuer for membership and/or the use of premium services.
Representations, Warranties and Acknowledgments
Warranty Disclaimer
THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE
ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. WORLDVUER EXPRESSLY DISCLAIMS
ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states
do not allow the exclusion of warranty, so the above exclusions may not apply to
you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WORLDVUER BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH
USE OF THE SITE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY WORLDVUER, AND ITS EMPLOYEES, AGENTS
AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED
TO A USER’S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM
ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION
COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
Release and Waiver
USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted by
applicable law, you hereby release, and waive all claims against WorldVuer and its
employees and agents from any and all liability for claims, damages (actual and
consequential). Costs and expenses (including litigation costs and attorneys’ fees)
of every kind and nature, arising out of or in any way connected with use of the
Service. If you are a California resident, you waive your rights under California
Civil Code 1542, which states “A general release does not extend to claims which
the creditor does not know or suspect to existing his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor.” Residents of other states and nations similarly waive their rights
under applicable and/or analogous laws, statutes, or regulations.
Services
WorldVuer reserves the right to add new membership programs and to change the terms
of existing membership programs at any time, including paid programs. These modifications
may include, but are not limited to, changes in the service, product offerings,
price, or administration of the program. Not all products are available for all
platforms, clients, or browsers. WorldVuer will announce any change in the price
of the program on its website prior to any such change taking effect.
If ordering merchandise and/or services from anyone other than WorldVuer, through
any commercial service offered via an official WorldVuer partnership or affiliate,
via WorldVuer, all transaction terms including but not limited to purchase terms,
payment terms, warranties, guarantees, maintenance, and delivery, are solely between
you and the seller of the merchandise or services. WorldVuer makes no warranties
or representations whatsoever with regard to any goods or services provided by the
seller of the merchandise or services and shall not be liable for the costs or damages
arising, either directly or indirectly, from the products or services or from the
actions or inactions of the Seller.
Copyrights and Copyright Agent
WorldVuer has adopted and implemented a policy that provides for the termination
of services in appropriate circumstances of Users who infringe on copyright holders.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide WorldVuer with the following information required under
17 U.S.C. s. 512;
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed, and;
Identification of the copyright work claimed to have been infringed, or, if multiple
copyright works at a single online site are covered by a single notification, a
representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit WorldVuer to locate the material;
Information reasonably sufficient to permit WorldVuer to contact the complaining
party, such as an electronic email address at which the complaining party may be
contacted;
A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law, and;
A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
Please submit this information directly to
WorldVuer.
You maintain a copyright on any copyrighted original material you post, to the extent
allowed by law.
Links to Other Web Sites
The Service may provide links to Web sites other than WorldVuer.com. WorldVuer neither
controls such Sites or Services nor endorses any of the materials or policies on
such sites or Services, including but not limited to Privacy Policies, or any association
with their operators.
No Assignment
User shall not assign this Agreement or assign any rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation of law, without
the prior written consent of WorldVuer. Any such proposed assignment or delegation
by User without the appropriate prior written consent of WorldVuer will be null
and void and of no force or effect, unless otherwise expressly consented to by WorldVuer
at its sole and absolute discretion.
Relationship of the Parties
Not withstanding any provision hereof, for all purposes of this Agreement, each
party shall be and act as an independent contractor and not as partner, venturer,
agent, employee or employer of the other and shall not bind nor attempt to bind
the other to any other contract.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be deemed superseded by a valid enforceable provision that most
closely matches the intent of the original provision and the remaining provisions
shall be enforced. WorldVuer’s failure to act with respect to a breach by User or
others does not waive WorldVuer’s right to act with respect to subsequent or similar
breaches. The failure of WorldVuer to exercise or enforce any right or provision
of these terms and conditions shall not constitute a waiver of such right or provision.
The section headings and subheadings contained in this Agreement are for convenience
only and shall not limit or otherwise affect the terms of this Agreement. THIS AGREEMENT
SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH. This Agreement
constitutes the entire agreement between WorldVuer and User with respect to the
subject matter hereof.
WorldVuer may, at any time, modify any of the terms and conditions contained in
this agreement by posting such changes on the WorldVuer website. If you do not agree
to the changes, your only remedy is to cancel your WorldVuer membership.