NOTICE TO ALL USERS. READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING
THIS WEB SITE. BY BROWSING AND USING THIS WEB SITE YOU INDICATE YOUR ASSENT
AND AGREEMENT TO THESE TERMS. YOUR USE AND ACCESS TO THIS SITE IS SUBJECT
TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT AGREE TO
EVERY TERM AND CONDITION OF THIS AGREEMENT PLEASE DISCONNECT FROM AND
DO NOT USE THIS SITE.
1. OWNERSHIP RIGHTS
This Web Site is owned and operated by WorldVentures™, Inc. ("WorldVentures™"). The Web Site
is protected by United States copyright law and international treaty
provisions. WorldVentures™ provides this Web site, www.worldventures.com ("Web Site")
for your use. You should assume that everything you see, read, or
hear on this Site and third-party Sites is copyrighted. You acknowledge
that no title to the intellectual property in the Web Site is transferred
to you. No material from the Web Site may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any
way, except that you may download one copy of the materials on any
single computer for your personal, non-commercial use only, provided
that you keep intact all copyright and other proprietary notices
appearing on such materials. You may not modify, or create derivative
works based upon the Web Site or materials contained therein, in
whole or in part. In the event you download software from the Web
Site, the software, including any files, images and data incorporated
therein, are licensed to you by WorldVentures™. The collection, organization,
and presentation of information and materials from this Web Site
and other linked sites are protected under applicable intellectual
property laws. The trademarks, service marks, trade names and logos
on this Web Site and third-party sites are the intellectual property,
whether registered or unregistered, of WorldVentures™ and other third parties.
All rights not expressly licensed hereunder are reserved by WorldVentures™
or the respective property owners.
2. WARRANTY DISCLAIMER
The Web Site and all elements thereof are provided on an "AS IS" basis
without any warranty of any kind, express or implied. WorldVentures? DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WorldVentures™ DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR
THE SERVER THAT IT MAKES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WorldVentures™ DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS
REGARDING THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, PROMOTIONS,
AND ADVERTISEMENTS ON THIS SITE (OR SENT TO YOU VIA E-MAIL) PROVIDED BY,
ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR OTHERWISE ORIGINATING
FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, WorldVentures™ USERS, TRAVEL AUTHORS AND EXPERTS, THIRD-PARTY WEB SITES, DATABASES,
TRAVEL AGENTS, VENDORS, AND MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT
SUCH INFORMATION, PROMOTIONS, AND ADVERTISEMENTS MAY NOT BE ACCURATE,
CORRECT, OR UP-TO-DATE. YOU (AND NOT WorldVentures™) ASSUME THE RISK THAT SUCH INFORMATION
IS INCORRECT. WorldVentures™ HAS NO RESPONSIBILITY TO (AND IS NOT LIABLE FOR FAILURE
TO) CHECK THE ACCURACY THEREOF PRIOR TO MAKING SUCH THIRD-PARTY INFORMATION
AVAILABLE TO YOU. WorldVentures™ DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS
REGARDING THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL
OBTAINED BY YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS,
REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. WorldVentures™ DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS
WITH RESPECT TO ANY OF THE PRODUCTS YOU MAY PURCHASE FROM A THIRD PARTY
VENDOR OR WEB SITE THROUGH THE WEB SITE. The foregoing shall be enforceable
to the maximum extent permitted by applicable law.
3. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
TORT, CONTRACT, OR OTHERWISE, SHALL WorldVentures™ BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
DATA, COMPUTER FAILURE OR MALFUNCTION, DISRUPTION OR CANCELLATION OF TRAVEL
PLANS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS MAY NOT APPLY TO YOU.
4. JURISDICTION
Unless otherwise specified, the materials in the Web Site are presented
solely for the purpose of promoting WorldVentures™ and its products and services
within the United States, its territories, possessions and protectorates.
The Web Site is controlled by WorldVentures™ from its offices within the State of
Texas, USA. WorldVentures™ makes no representation that materials in the Web
Site are appropriate or available for use in other locations outside the
United States. Neither the Web Site nor any underlying information or
technology may be downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria or any other country to which the United States has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using any element of the Web Site you are agreeing to
the foregoing and you are certifying that you are not located in, under
the control of, or a national or resident of any such country or on any
such list. In addition, you are responsible for complying with any and
all local laws in your jurisdiction which may impact your right to use
the Web Site.
5. PROHIBITED USE
You shall not use this Site for any purpose that is unlawful or prohibited
by these Terms and you agree to respect other users of this Site. You
violate WorldVentures™'s acceptable use policy when, in addition to any violation
of the terms previously mentioned, you, your affiliates, representatives,
or subsidiaries engage in any of the following prohibited activities:
- posting, publishing, transmitting, advertising, or displaying on this
Site or otherwise making available child pornography, or materials that
may be considered profane, offensive, obscene, defamatory or otherwise
inappropriate;
- using this Site for the purposes of spamming (i.e. distribution of
unsolicited and unauthorized advertisements or other commercial materials);
- defaming, abusing, harassing, stalking, threatening, or otherwise
violating the legal rights, including but not limited to privacy rights,
of others;
- purposefully or recklessly posting, publishing, or otherwise making
available on the Web site incorrect or inaccurate information;
- using this Site in violation of intellectual property rights, or rights
of privacy or publicity, of others; or
- uploading files that contain viruses, corrupted files, worms, Trojan
horses, or other software or programs with similar effects that may
damage, delay, or disrupt the operation of another's computer, computer
network, or other related equipment, or distributing information regarding
the creation or use of viruses, worms, Trojan horses, pinging, mail bombing
or denial-of-service attacks.
We reserve the right to terminate your membership if, at any time, you
engage in any of the prohibited conduct above or any conduct that we reasonably
deem to be detrimental to other users. In such instances, you shall forfeit
membership "points," "WorldVentures™s," "dividends" or any other incentives awarded
by WorldVentures™ accrued but unrealized upon the termination of your membership.
In addition, you agree to refund to us the reasonable value of incentive
rewards you receive or realize as a result of any illegal or wrongful
conduct, or conduct in violation of these Terms and Conditions of Use.
6. NO AGENCY OR EMPLOYMENT
No relationship between WorldVentures™ and any third parties, including but not
limited to travel agents, travel experts, writers, and WorldVentures™ users, whether
or not they share in the revenues and/or profits of WorldVentures™, who post, publish,
view, receive, or utilize information and/or materials in this Site shall
be construed as establishing agency, employment, partnership, joint venture
or any other relationship giving rise to vicarious liability of WorldVentures™.
7. MODIFICATION OF THESE TERMS
WorldVentures™ reserves the right to change these Terms, delete terms or add new
terms. It is your responsibility to check these Terms periodically. Your
continued use after changes, deletions, or additions have been made shall
constitute your acceptance thereof.
8. ASSIGNABILITY OF THESE TERMS
These Terms are personal to you, and you may not assign these Terms or
your rights or obligations there under to a third party without WorldVentures™'s
prior express written consent. WorldVentures™'s rights under these Terms may be
assigned, and its duties may be delegated.
9. MISCELLANEOUS
These Terms are governed by the laws of the United States and the State
of California, without reference to conflict of laws principles. If for
any reason a court of competent jurisdiction finds any provision of these
Terms, or portion thereof, to be invalid or unenforceable, that provision
will be enforced to the maximum extent permissible to effectuate the intent
of this Agreement, and the remainder of these Terms shall continue in
full force and effect. You warrant that you possess all legal authority
to use this Site in accordance with these Terms. These Terms, in addition
to the Privacy Policy available in this Site, constitute the entire understanding
and agreement between you and WorldVentures™ with respect to all matters relating
in any way to the use of this Site. All disputes between you and WorldVentures™ will
be settled by confidential arbitration in Dallas, Texas. Notwithstanding the foregoing,
the parties may stipulate and agree
to conduct the arbitration pursuant to the then-current rules of the American
Arbitration Association or any other agreed-upon arbitration services
provider. All arbitration decisions are final and binding, and the judgment
based on a ruling may be entered in and by any court of competent jurisdiction.
Any rights not expressly granted herein are reserved.
Terms of Use last revised 2/7/2007.
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