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For the protection of our partners, suppliers, you, and us, the Terms of Service for WeWhoWander.com are very important.
Desert Bloom Productions, the owner and operator of WeWhoWander.com,
and its affiliates and suppliers (collectively "WeWhoWander") provide
their media hosting and related services (the "Services") to you
subject to the following conditions. If you visit or purchase at
WeWhoWander.com, you accept these terms and conditions.
MEMBERSHIPS
WeWhoWander provides its Services free of charge. WeWhoWander reserves
the right to modify or add fees and billing terms, upon prior notice to
the member on our website. WeWhoWander may change the Services it
offers at any time.
TERMINATION
WeWhoWander agrees to terminate your account at any time upon notice from you, at support@WeWhoWander.com.
WeWhoWander may terminate your account or your access to and use of the
Services, with or without cause at any time and effective immediately,
at WeWhoWander's sole discretion, for any reason, including but not
limited to your failure to conform with these Terms. If you violate
these Terms, WeWhoWander, in its sole discretion, may also elect to
require you to remedy any violation of these Terms, and/or take any
other actions that WeWhoWander deems appropriate to enforce its rights
and pursue all available remedies.
PRIVACY
WeWhoWander has established a Privacy Policy
to explain to you how your information is collected and used. Your use
of the WeWhoWander website or the Services signifies acknowledgement of
and agreement to our Privacy Policy.
If you are a resident of the European Union, you understand and agree
that WeWhoWander stores and processes your information on computers
located in the United States, and by providing any data to WeWhoWander,
you consent to the transfer of such information to the United States.
You acknowledge and agree that WeWhoWander may disclose your personal
information if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to comply with legal
process, to carry out these Terms, or to protect the rights, property,
or personal safety of WeWhoWander, its employees, users and third
parties, and the public.
ELECTRONIC COMMUNICATIONS
When you visit WeWhoWander.com, or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail to your registered email address or by posting notices on this
site. You agree that all notices, agreements, disclosures, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
icons, images, photographs, audio clips, video clips, digital
downloads, data compilations, and software, is the property of
WeWhoWander, or its subscribers who upload media, or its content and
software suppliers and is protected by United States and international
copyright laws. WeWhoWander's selection, coordination and arrangement
of all content on this site is the exclusive property of WeWhoWander,
and is protected as a compilation by U.S. and international copyright
laws. All software used on this site or in conjunction with the
Services is the property of WeWhoWander or its software suppliers and
is protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
WeWhoWander grants you a limited license to access and make personal
use of this site but not to download (other than page caching) or
modify it or any portion of it, except with the express written consent
of Desert Bloom Productions. This license does not include any resale
or commercial use of this site or its contents. This site or any
portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Desert Bloom Productions. Any
unauthorized use terminates the permission or license granted by
WeWhoWander.
You are granted a limited, revocable, and nonexclusive right to create
hyperlinks to WeWhoWander pages so long as the links do not portray
WeWhoWander or its suppliers or their products or services in a false
or misleading manner.
ACCOUNT SECURITY
If you subscribe to WeWhoWander's Services, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or
password. You further agree to immediately notify WeWhoWander of any
unauthorized use of your account or any other breach of security known
to you.
WeWhoWander uses industry standard security measures to protect the
loss, misuse and alteration of the information under our control.
Although we make good faith efforts to store the non-public information
collected by the WeWhoWander website in a secure operating environment
that is not available to the public, we cannot guarantee complete
security. Further, while we make every effort to ensure the integrity
and security of our network and systems, we cannot guarantee that our
security measures will prevent third-party "hackers" from illegally
accessing our site.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Use of the Services by you is subject to all applicable local, state,
national and international laws and regulations. You may post reviews,
comments, suggestions, bugs, ideas, questions, or other information
(collectively "Content"), so long as the Content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." WeWhoWander reserves the right (but
not the obligation) to remove or edit Content, but does not regularly
review posted Content.
LICENSE GRANTED BY USERS
WeWhoWander does not claim ownership in the media created or uploaded
by Wanderers ("Subscribers"). WeWhoWander will not resell Media to
third parties. Unless we indicate otherwise, if you upload Content,
including any Media, to the WeWhoWander site, you grant WeWhoWander a
nonexclusive, royalty-free right to publish, distribute and display the
Content as we deem appropriate in providing the Services authorized or
requested by you, including the right to use the name that is submitted
in connection with such Content. You further understand and agree that,
in order to help ensure smooth operation of our system, we may keep
backup copies of Content indefinitely.
You represent and warrant that you own or otherwise control all of the
rights to the Content (including without limitation Media) that you
post; that use of the Content you supply does not violate these Terms
of Service and will not cause injury to any person or entity; and that
you will indemnify WeWhoWander for all claims resulting from Content
you supply. WeWhoWander has the right but not the obligation to monitor
and edit or remove any activity or Content. You understand and agree
that WeWhoWander takes no responsibility and assumes no liability for
any Content posted by you or any third party.
WeWhoWander retains control of all rights associated
with Projects. Regardless of contribution by any Wanderers
("Subscribers"), WeWhoWander can publish, release, modify, delete, and
manipulate any and all contents of all Projects. WeWhoWander, further,
can publish any Project without consent from any Subscriber and retains
all profits from said published media.
WeWhoWander awards rights associated with Minis to the
moderating Wanderer ("Originator"). Regardless of contribution by any
Wanderers ("Subscribers"), the Originator can publish, release, modify,
delete, and manipulate any and all contents of the Mini. The
Originator, further, can publish any Mini without consent from any
Subscriber or WeWhoWander and retains all profits from said published
media.
COPYRIGHT COMPLAINTS
WeWhoWander respects the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please contact WeWhoWander's agent for notice
of claims of copyright or other intellectual property infringement
("Agent"), at copyrightagent@WeWhoWander.com or WeWhoWander.com, Copyright Agent, P.O. Box 6214, Kansas City, KS 66106.
Please provide our Agent with the following Notice:
(1) Identify the copyrighted work or other intellectual property that you claim has been infringed;
(2) Identify the material on the WeWhoWander site that you claim is
infringing, with enough detail so that we may locate it on the website;
(3) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
(4) A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
(5) Your address, telephone number, and email address; and
(6) Your physical or electronic signature.
WeWhoWander's Agent will forward this information to the alleged infringer.
INTELLECTUAL PROPERTY
WeWhoWander has established an Intellectual Property Policy
to explain to you how we address the rights and perceived rights of all
media associated with WeWhoWander.com. Your use of the WeWhoWander
website or the Services signifies acknowledgement of and agreement to
our Intellectual Property Policy.
PROFANE MATERIAL
WeWhoWander must remain a safe site for families with children, so we
prohibit the uploading of Media portraying explicit nudity or profane
material of any type that would be unacceptable in a public forum where
minors visit, for example. Judgement of suitable Media is the sole
discretion of WeWhoWander, and WeWhoWander reserves the right to delete
any Media it deems to violate this policy and/or to cancel the account
of any subscriber who posts Media violating this policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY WeWhoWander ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WeWhoWander MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WeWhoWander DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WeWhoWander DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT
THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM WeWhoWander ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WeWhoWander BE LIABLE ON ACCOUNT OF YOUR
USE OR MISUSE OF THE WeWhoWander WEBSITE OR THE SERVICES, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE WeWhoWander WEBSITE OR THE
SERVICES, FROM INABILITY TO USE THE WeWhoWander WEBSITE OR THE
SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE WeWhoWander WEBSITE OR THE SERVICES, OR VIEWING THE
MEDIA IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WeWhoWander CANNOT BE
HELD LIABLE FOR THE ACCIDENTAL LOSS OF MEDIA ON ITS SITE, OR THE
COPYING OF MEDIA BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR
SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY
CIRCUMSTANCE IS LIMITED TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY
You agree to indemnify and hold WeWhoWander, its subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
employees, service providers, and suppliers harmless from any dispute
that may arise from your breach of these Terms of Service or violation
of any representations or warranties contained in these Terms. You also
agree to hold WeWhoWander harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related to any
media or other material you provide to or post on WeWhoWander.
APPLICABLE LAW
By visiting WeWhoWander.com, you agree that the laws of the State of
Kansas, without regard to principles of conflict of laws, will govern
these Terms of Service and any dispute of any sort that might arise
between you and WeWhoWander.
MERGER OR ACQUISITION
It is possible that as we continue to develop our website and our
business, WeWhoWander's Services and/or related assets might be
acquired or transferred as part of a merger. In the event of such a
transaction, you understand and agree that WeWhoWander may assign its
rights under these Terms and that your personal information may be
transferred to the succeeding entity. You will be provided with
reasonable notice and an opportunity to opt-out of the transfer.
DISPUTES
Any dispute relating in any way to your visit to WeWhoWander.com or to
products you purchase through WeWhoWander.com shall be submitted to
confidential arbitration in Kansas City, Kansas, except that, to the
extent you have in any manner violated or threatened to violate
WeWhoWander's intellectual property rights, WeWhoWader may seek
injunctive or other appropriate relief in any state or federal court in
the state of Kansas, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise. Any cause of action you may have with respect to your use of
the Service must be commenced within one (1) year after the claim or
cause of action arises.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these
Terms of Service at any time. Should you object to any terms and
conditions of these Terms of Service or any subsequent modifications
thereto or become dissatisfied with WeWhoWander in any way, your only
recourse is to immediately: (1) discontinue use of WeWhoWander and (2)
terminate your WeWhoWander subscription: support@WeWhoWander.com.
If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining
condition.
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