|
|
Terms of Service ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The Hits for Hits.com Service (Service), owned and operated by World Data Computer Corp. (WDC), is provided to you under the terms and conditions of this Terms of Service (TOS) and any operating rules or policies that may be published by WDC. The TOS comprises the entire agreement between User and WDC and supersedes all prior agreements between the parties regarding the subject matter contained herein. By using any part of the Service, you are indicating that you agree to be bound by all of the terms and conditions stated in the TOS. DESCRIPTION OF SERVICE WDC is providing User with the ability to earn credits for their Hits for Hits account -via the World Wide Web and on WDC's own system. User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service. If any information provided by User is incomplete or inaccurate, WDC retains the right to terminate User's rights to use the Service. MODIFICATIONS TO TERMS OF SERVICE WDC reserves the right to modify this agreement as needed from time to time. WDC recommends that you return periodically so that you are aware of any such changes or amendments. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the TOS and its modifications; and (2) agreement by User to abide and be bound by the TOS and its modifications. MODIFICATIONS TO SERVICE WDC reserves the right to modify or discontinue the Service with or without notice to User. WDC shall not be liable to User or any third party should WDC exercise its right to modify or discontinue the Service. PRIVACY POLICY It is WDC's policy to respect the privacy of its Users. Therefore, WDC will not edit or disclose the contents of a User's private details contained in our database unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on WDC; (2) protect and defend the rights or property of WDC; or (3) act under exigent circumstances to protect the personal safety of its Users or the public. Other details concerning the WDC Privacy Policy can be found at Privacy.cfm. DISCLAIMER OF WARRANTIES User expressly agrees that use of the service is at the user's sole risk. The service is provided on an as available basis. WDC expressly disclaims all warranties of any kind, whether express or implied, including, but limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. WDC makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does WDC make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. User understands and agrees that any material and/or data downloaded or otherwise obtained thorugh the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data. WDC makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into thorugh the service. No advice or information, whether oral or written, obtained by user from WDC or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. LIMITATION OF LIABILITY WDC shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized or from authorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if WDC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitaions may not apply to you. OTHER LIMITATIONS WDC retains the right, at WDC's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the TOS and may terminate Service at any time if a User's conduct is found to be inconsistent with the TOS. USER CONDUCT User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service to distribute viruses, promote unlawful acts, or display websites that have not been approved through normal channels. Doing so will be considered vandalism, and will be prosecuted as such. User agrees not to use Service to promote any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. WDC may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the TOS, or for any reason that WDC deems appropriate. INDEMNIFICATION User agrees to indemnify and hold WDC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TOS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity. TERMINATION WDC reserves the right to terminate the Service with or without cause at any time and effective immediately. WDC shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership. Upon termination of the Service, User's right to use the Service and Software immediately ceases. NOTICE All notices to a party shall be in writing and shall be made either via E-Mail or conventional mail. WDC may broadcast notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to User. PARTICIPATION IN PROMOTIONS OF ADVERTISERS User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. WDC assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. PROPRIETARY RIGHTS TO CONTENT User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or E-Mail-distributed, commercially produced information presented to User by the Service Content by WDC or WDC's Advertisers, or WDC affiliated Artists, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service, Artist or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service, Artist or the Advertiser. GOVERNING LAWS These Terms of Service shall be governed by and construed in accordance with the laws of the state of Washington. Member and WDC agree to submit to the exclusive jurisdiction of the courts of the state of Washington. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. WDC failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WDC in writing. Member and WDC agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive other relationships. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance. |
| HOME | Privacy Policy | Terms of Service | Contact Us | |
| Copyright © 2007, World Data Computer Corporation. All Rights Reserved. |