Effective Date: September 1, 2012
In some instances, both these Terms and a separate document that provides additional conditions may apply to a service or product offered via the Sites such as the Trading Partner Services Agreement (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
TABLE OF CONTENTS
- OWNERSHIP OF MATERIALS
- YOUR LICENSE TO USE MATERIALS
- COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY COMPLAINTS
- CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES
- SITE AND CONTENT USE RESTRICTIONS
- VIRAL CONTENT DISTRIBUTION
- MEMBERSHIP & REGISTRATION
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- WIDGETS & APPLICATIONS
- THIRD-PARTY LINKS, APPLICATIONS, AND CONTENT
- LINKING POLICY
- OUR DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY; WAIVER
- TERM AND TERMINATION
- LOCATION AND TERRITORIAL RESTRICTIONS
- GOVERNING LAW; DISPUTES
- UPDATING THESE TERMS
- CONTACT INFORMATION
1. OWNERSHIP OF MATERIALS
A. Materials. The Sites contain a variety of: (1) materials and other items relating to 1WorldSync and its products and services, and similar items from our member organizations and other third parties, including all layout, information, articles, opinions, other text, directories, guides, graphics, photographs, illustrations, images, video and audio clips, music, sounds, scripts, advertising and promotional materials, data, files, software, compilations, designs, technology, graphical interface, instructions, overall “look and feel” and the compilation, assembly, and arrangement of the materials of the Sites and any and all copyrightable material (including source and object code), (2) trademarks, logos, trade names, service marks, and trade identities, and the domain names and URLs associated therewith, whether registered or unregistered, and (3) other forms of intellectual property (all of the foregoing collectively and individually are referred to as: “Materials”). The Materials may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, without the express permission of 1WorldSync, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
B. Ownership. The Sites (including past, present, and future versions) and the Materials are owned or controlled by 1WorldSync and our licensors and certain other third parties. All right, title, and interest in and to the Materials available via the Sites are the property of 1WorldSync or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. 1WorldSync owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Materials on the Sites.
2. YOUR LICENSE TO USE MATERIALS
A. License. Subject to your strict compliance with these Terms and any Additional Terms, 1WorldSync grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Materials (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only, and (ii) to use certain Materials that we may from time to time make available on the Sites explicitly for you for use as part of your User-Generated Content (defined below) (“1WorldSync Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the 1WorldSync Licensed Elements are made available on the Sites; but we and our licensors and certain other third parties, as the case may be, retain ownership of such 1WorldSync Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Materials, and (ii) may be immediately suspended or terminated for any reason, in 1WorldSync’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Materials and/or 1WorldSync Licensed Elements, subject to certain Additional Terms.
B. Rights of Others. In using the Sites, you must respect the intellectual property and other rights of 1WorldSync and others. Your unauthorized use of Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. 1WorldSync respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Sites, then please see Section 3 below.
3. COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY COMPLAINTS
A. DMCA Notice.1WorldSync will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Sites, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Sites on which the material appears);
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have 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;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
1WorldSync will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:
1009 Lenox Drive, Suite #202
Lawrenceville, New Jersey 08648
Attn: Copyright Agent
(with subject “Copyright Complaints”)
By E-Mail: legal@1WorldSync.org
By Fax: +1 609.620.1200
It is often difficult to determine if your copyright has been infringed. 1WorldSync may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and 1WorldSync may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting 1WorldSync’s other rights, 1WorldSync may, in appropriate circumstances, terminate a repeat infringer’s access to the Sites and any other website owned or operated by 1WorldSync.
B. Counter-Notification. If access on the Sites to a work that you submitted to 1WorldSync is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Sites from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of Illinois), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Sites. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
C. Procedure for Alleging Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Sites, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Sites on which the material appears);
(d) your full name, address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Sites that fails to respond satisfactorily to 1WorldSync with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
4. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES
A. User-Generated Content.
(i) General. 1WorldSync may now or in the future offer visitors to the Sites the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Sites (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding 1WorldSync Licensed Elements included therein, “User-Generated Content”). 1WorldSync may do this through forums, blogs, message boards, social networking environments, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
In your communications with 1WorldSync, please keep in mind that 1WorldSync does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions or books (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Sites are deemed User-Generated Content and licensed to us as set forth below. In addition, 1WorldSync retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. 1WorldSync’s receipt of your Unsolicited Ideas and Materials is not an admission by 1WorldSync of their novelty, priority, or originality, and it does not impair 1WorldSync’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to 1WorldSync of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as a Promotion’s (defined below) official rules), which govern the submission of your User-Generated Content), you hereby grant to 1WorldSync, and you agree to grant to 1WorldSync, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to 1WorldSync to your User-Generated Content, you also hereby grant to 1WorldSync, and agree to grant to 1WorldSync, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration(iv) <span
1WorldSync’s Exclusive Right to Manage All User-Generated Content. 1WorldSync may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and 1WorldSync may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. 1WorldSync reserves the right, however, to treat User-Generated Content on the Sites as content stored at the direction of users for which 1WorldSync will not exercise control except to block or remove content that comes to 1WorldSync’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable, or to enforce the rights of third parties or the content restrictions set forth below in the Rules (defined in Section 4(B) below) when notice of their violation comes to 1WorldSync’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Sites by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Sites or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant 1WorldSync the rights to it that you are granting by these Terms and any Additional Terms, all without any 1WorldSync obligation to obtain consent of any third party and without creating any obligation or liability of 1WorldSync; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to 1WorldSync’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) o
(vi) Enforcement. 1WorldSync has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at 1WorldSync’s cost and expense, to which you hereby consent and irrevocably appoint 1WorldSync as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Sites, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Sites’ online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all the terms in these Terms, including these Rules:
- Your User-Generated Content Must Be Yours. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to 1WorldSync. (For example, if someone has taken a picture of you and your friend, and you submit that photo to 1WorldSync as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Sites, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Sites. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Does your User-Generated Content contain music? Your User-Generated Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- No violence. Your User-Generated Content may not promote violence or describe how to perform a violent act.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Communities to exchange information and content and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Sites within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by 1WorldSync.
- Don’t Damage the Sites or Anyone’s Computers or Other Internet Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Sites or any computer or other Internet Device.
If you submit User-Generated Content that 1WorldSync reasonably believes violates these Rules, then we may take any legal action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Sites.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to legal@1WorldSync.org. For alleged infringements of intellectual property rights, see Section 3 above.
5. SITE AND CONTENT USE RESTRICTIONS
A. Site Use Restrictions. You agree that you will not: (i) aside from the purchase of goods or services offered for sale by 1WorldSync or its affiliates, use the Sites for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any 1WorldSync trademarks or trade names; (iii) engage in any activities through or in connection with the Sites that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to 1WorldSync; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Sites’ source or object code or any software or other products, services, or processes accessible through any portion of the Sites; (v) engage in any activity that interferes with a user’s access to the Sites or the proper operation of the Sites, or otherwise causes harm to the Sites, 1WorldSync, or other users of the Sites; (vi) interfere with or circumvent any security feature of the Sites or any feature that restricts or enforces limitations on use of or access to the Sites, the Materials, or the User-Generated Content; or (vii) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Materials (other than your User-Generated Content that does not contain any 1WorldSync Licensed Elements): (i) you will not monitor, gather, copy, or distribute such Materials (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Sites by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Materials (including any images, text, or page layout); (iii) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Materials; (iv) you will not use such Materials in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Materials (other than to the extent of your permitted use of the 1WorldSync Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Materials in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of 1WorldSync or, in the case of Materials from a licensor, the owner of the Materials; and (vii) you will not insert any code or product to manipulate such Materials in any way that adversely affects any user experience.
C. Availability of Sites and Materials. 1WorldSync may immediately suspend or terminate the availability of the Sites and Materials (and any elements and features of them) for any reason, in 1WorldSync’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Materials and Sites. These Terms and any Additional Terms include only narrow, limited grants of rights to Materials and to use and access the Sites. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by 1WorldSync and its licensors and other third parties. Any unauthorized use of any Materials or the Sites for any purpose is prohibited.
6. VIRAL CONTENT DISTRIBUTION
1WorldSync may grant you—but only through express written permission—the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the Sites for such purposes (“Viral Distribution”). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on a third-party web site that permits users to post content, so long as the posting is allowed pursuant to the third-party site terms and conditions, and provided that the third-party web site does not charge for access to those materials or associate those materials with products, services, or advertising. If expressly permitted and made available on the Sites, you may engage in Viral Distribution pursuant to these Terms, but you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
7. MEMBERSHIP & REGISTRATION
Certain areas of the Sites may require you to register as a member or subscriber or may otherwise ask you to provide information to participate in certain features or access certain Materials or User-Generated Content on the Sites. When you provide information to the Sites, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy. If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer, or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of the Sites using your name, in whole or in part. 1WorldSync reserves the right to terminate your account or otherwise deny you access, in its sole discretion, without notice and without liability.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto. We reserve the right to terminate your account or otherwise deny you
8. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or other promotions (any, a “Promotion”) that may be offered via the Sites may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User-Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register, and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
9. WIDGETS & APPLICATIONS
NOTICE TO THIRD-PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third-party widgets, or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you agree that, upon our demand, you will do so.
You may choose, at your sole and absolute discretion and risk, to use applications that connect 1WorldSync materials or your User-Generated Content with a third-party site (each, an “Application”) and such Application may interact with, connect to, or gather and/or pull information from and to the Sites. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to any 1WorldSync account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if 1WorldSync has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold 1WorldSync harmless for any sharing of information relating to you or your use of the Sites that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through, or by any other means identified on an Application.
10. THIRD-PARTY LINKS, APPLICATIONS, AND CONTENT
A. Linked Websites; Advertisements. The Sites may contain links, as part of third-party ads on the Sites or otherwise, to or from third-party websites (“Linked Websites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with 1WorldSync. 1WorldSync may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and 1WorldSync does not assume any obligation to review any Linked Websites. 1WorldSync does not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, 1WorldSync is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, 1WorldSync will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. 1WorldSync disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Sites (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). 1WorldSync disclaims all liability in connection with therewith.
11. LINKING POLICY
1WorldSync grants you the revocable permission to link to 1WorldSync.org; provided, however, that your web site, or any third-party web sites that link to 1WorldSync.org: (a) must not frame or create a browser or border environment around any of the content on 1WorldSync.org or otherwise mirror any part of the Sites; (b) must not imply that 1WorldSync is endorsing or sponsoring it or its products, unless 1WorldSync has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm 1WorldSync or its products or services; (d) must not use any 1WorldSync trademarks without the prior written permission from 1WorldSync; (e) must not contain content that could be construed as distasteful, offensive, or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link permits you to enable such link subject to these Terms. By linking to 1WorldSync.org, you agree that you do now and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, 1WorldSync reserves the right to prohibit, in our sole and absolute discretion, linking to 1WorldSync.org for any reason, even if the prohibited linking otherwise complies with the requirements described above.
The Sites may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile device, or access Sites features (collectively, the “Mobile Features”). We may charge for Mobile Features. Also, standard messaging, data, and other fees may be charged by your carrier. Fees and charges may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., “STOP,” “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable shortcode for the Mobile Feature.
You agree that as to the Mobile Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify 1WorldSync of any changes to your mobile number and update your account(s) on the Sites to reflect this change.
13. OUR DISCLAIMER OF WARRANTIES
THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 1WorldSync AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “1WorldSync PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS PROVIDED THROUGH THE SITES; (C) USER-GENERATED CONTENT OR WIDGETS; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM 1WorldSync OR VIA THE SITES. IN ADDITION, THE 1WorldSync PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM VIRUS.
THE 1WorldSync PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES, OR THE SERVERS THAT MAKE SOME OF THE SITES AVAILABLE, ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE 1WorldSync PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE IS AT YOUR SOLE RISK. THE 1WorldSync PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE 1WorldSync PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
THE 1WorldSync PARTIES DO NOT ENDORSE THE USER-GENERATED CONTENT, ARE NOT RESPONSIBLE FOR THE USER-GENERATED CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER –GENERATED CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE 1WorldSync PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITES; (B) THE MATERIALS; (C) USER-GENERATED CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE 1WorldSync PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES OR MATERIALS; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY COMPUTER, HARDWARE, VIDEO PLAYER, DVD PLAYER, GAME CONSOLE, BLU-RAY PLAYER, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE 1WorldSync PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A 1WorldSync PLATFORM). IN NO EVENT WILL THE 1WorldSync PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE 1WorldSync PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION OR TEN UNITED STATES DOLLARS ($10.00).
BY ACCESSING A 1WorldSync PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
16. TERM AND TERMINATION
1WorldSync reserves the right to terminate your access to and use of the Sites or any of its features in its sole discretion, without notice and liability, for any or no reason, including, without limitation, if 1WorldSync believes your conduct fails to conform to these Terms or any Additional Terms. 1WorldSync also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
1WorldSync also reserves the exclusive right to modify, withdraw, suspend, or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that 1WorldSync will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or any part thereof. 1WorldSync also reserves the right to charge for use of the Sites, in whole or in part, and to change its fees from time to time in its discretion. Upon termination of your access to the Sites, or upon demand from 1WorldSync, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.
17. LOCATION AND TERRITORIAL RESTRICTIONS
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject 1WorldSync to any registration requirement within such jurisdiction or country. 1WorldSync controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service, or other feature that we provide.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from this Sites may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to 1WorldSync or the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to comply with all rules, laws, and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
18. GOVERNING LAW; DISPUTES
We hope we never get into any disputes with you but just in case, here are some things that would apply:
A. GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN MERCER COUNTY, NEW JERSEY AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN MERCER COUNTY, NEW JERSEY FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY OF THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
B. No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Sites will be resolved individually, without resort to any form of class action.
The failure of 1WorldSync to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit 1WorldSync’ rights with respect to such breach or any subsequent breaches. No waiver by 1WorldSync of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of 1WorldSync. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. 1WorldSync may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without 1WorldSync prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against 1WorldSync by virtue of 1WorldSync having drafted them.
Notwithstanding termination of your use of the Sites, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “Content You Submit and Community Usage Rules,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”
20. UPDATING THESE TERMS
1WorldSync reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
21. CONTACT INFORMATION
If you should have any questions or comments, please contact us at legal@1WorldSync.org.