Terms of Service
1. ACCEPTANCE OF TERMS
Web Earth Online provides its service to you,
subject to the following Terms of Service,
which may be updated by us from time to time without notice to you.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain
and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Web Earth Online has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Web Earth Online has the right
to
suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WEB EARTH ONLINE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.
WEB EARTH ONLINE MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM WEB EARTH ONLINE
OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately
notify Web Earth Online of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Web Earth Online
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not Web Earth Online,
are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Service. Web Earth Online does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no
circumstances will Web Earth Online be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree to not use the Service to:
a.
upload, post, email or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited
to, a Web Earth Online official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a
person or entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e.
upload, post, email or otherwise transmit any Content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
f.
upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
g.
upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any
other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose;
h.
upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that Web Earth Online does not pre-screen Content, but
that Web Earth Online and its designees shall have the right (but not
the
obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing,
Web Earth Online and its designees shall have the right to remove any
Content that violates the Terms of Service or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content
created by Web Earth Online or submitted to Web Earth Online, including
without
limitation information in Web Earth Online Message Boards, Web Earth
Online
Clubs, and in all other parts of the Service.
You acknowledge and agree that Web Earth Online may preserve Content
and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the Terms of Service; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Web Earth Online, its users and the
public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
7. PUBLIC CONTENT POSTED TO Web Earth Online
(a) For purposes of the Terms of Service, "publicly accessible
areas of the
Service" are those accessible by the general public. By way of
example, a publicly accessible area of the Service would include
public Web Earth Online Clubs and Web Earth Online Message Boards.
(b) With respect to Content you elect to post for inclusion in
publicly accessible areas of Web Earth Online Clubs or that consists
of
phoTerms of Service or other graphics you elect to post to any other
publicly
accessible area of the Service, you grant Web Earth Online the world-wide,
royalty free and non-exclusive license to reproduce, modify,
adapt and publish such Content on the Service solely for the
purpose of displaying, distributing and promoting the specific
Web Earth Online Club to which such Content was submitted, or, in the
case of phoTerms of Service or graphics, solely for the purpose for
which
such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to include
such Content on the Service and shall be terminated at the time
you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant Web Earth Online
the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed.
8. INDEMNITY
You agree to indemnify and hold Web Earth Online, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
using out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the Terms of Service, or your violation of
any
rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
Web Earth Online reserves the right at any time and from time to time
to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
Web Earth Online shall not be liable to you or to any third party for
any
modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that Web Earth Online, in its sole discretion, may terminate
your
password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if Web Earth
Online
believes that you have violated or acted inconsistently with the
letter or spirit of the Terms of Service. Web Earth Online may also
in its sole discretion
and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this Terms of Service
may be effected without prior notice, and acknowledge and
agree that Web Earth Online may immediately deactivate or delete your
account and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that Web Earth Online shall not be liable to you
or any
third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Web Earth Online shall not be responsible
or
liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such
advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Web Earth Online has
no control over such sites and resources, you acknowledge and
agree that Web Earth Online is not responsible for the availability
of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree that Web Earth Online shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.
14. CONTACTING USERS
Web Earth Online reservers the right to contact
users from time to time about specials and new announcments,
or if we deem it necessary regarding your account or system management.
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