MYWURLD, Inc.
Terms and Conditions
User License Agreement
MyWurld, Inc. (“MW” or “we”, or any other appropriate reference which can be construed to mean the same thing) operates MyWurld.net. MyWurld.net is an entertainment and social networking vehicle which allows members, users, visitors, and guests to experience all that the Internet can offer in terms of connecting, communicating, interacting, promoting, entertaining, experiencing, playing, profiting, learning, growing, and living. Members can create personal profiles and upload their own personal content to further their own personal goals and/or to share with others. The services offered by MW include any and all MW-branded URL (the "MyWurld Website"), all Wurld applications, services, ancillary MW services and products, whether already developed, or launched in the future, mobile services or technologies exploited, used or developed now or in the future, and any other features, content, or applications promoted, incorporated, or used by MW in connection with MW’s business. The aforementioned are hereby known and referred to herein as The "MW Services" or the “MyWurld Services” (or any other similar label which can be construed to mean the same or refer to the same).
This Terms of Use Agreement ("Agreement"), which can be referred to as “Terms”, “Policy”, “User License Agreement” or any other like or similar term or phrase which can be construed to mean the same, sets forth the legally binding terms for your use of the MW Services. Any use of the MW Services by you, legally binds you to this Agreement and the terms herein, whether you are a "Member" (which means you have registered an account with MW), you are a “Guest’ or "Visitor" (which means that you browse the Website, use it informally, including through a mobile device, or otherwise use the MW Services without being registered). You are only authorized to browse or use the MW Services (whether your access or use is unintentional or intentional) if you agree to be bound by and abide by all applicable laws in force at the time of your use, and in the jurisdiction applicable, and the terms of this Agreement. Please read this Agreement and save it—you will be asked to click and agree to it. If you do not agree to be bound by this Agreement and to follow all applicable laws, please leave the MW Website, discontinue use of the website and MW Services immediately, and re-read the document as necessary. If you choose to become a Member and/or make any use of the MW Services and website, you must read this Agreement and indicate your acceptance during the registration process. For future reference, the term "User" refers to a Member, Guest or Visitor—anyone accessing the site in any capacity for any length of time and for any reason.
This Agreement contains both MW's policy for use of the MW Services and Content (defined below) posted on or through the MW Services and your obligations, rights, and restrictions regarding use of MW Services and Content posted on or through the MW website. You may receive a copy of this Agreement by emailing us at: [email protected]. You may be notified at certain times you are required to download software or content and/or agree to additional terms and conditions from MW. Those additional terms are hereby incorporated into this Agreement. Any additional obligations, rights, or restrictions provided for in said software, content, or terms and conditions shall become a part of your acknowledgement of this agreement; you shall be bound by them as well.
MW may modify this Agreement from time to time and such modification shall also be effective upon posting by MW on the Website. Your continued use of the MW Services after MW posts a revised Agreement or otherwise notifies you of new terms signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the MW Services and that you provide to other Users. Your MW profile may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other MW Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and MW assumes no responsibility or liability for this material. If you become aware of misuse of the MW Services by any person, please click on the "Contact Us” or the “Report Abuse” link at the bottom of the MW website.
MW reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you or any other person accessing MW through your computer or accessing device. MW also reserves the right to suspend, terminate, restrict, or deny you access or services to and from all or any part of the MW Services at any time and for any length of time, for any or no reason, with or without prior notice or explanation, and without liability to you or any other person. MW expressly reserves the right to remove your profile and/or suspend, terminate, restrict, or deny your access to all or any part of the MW Services if we determine, in our sole discretion, that you have violated this Agreement, applicable laws, pose a threat to MW and/or its Users, or intend to use the service in any fashion for which it is not expressly intended. Your use of the MW Services is a privilege, not a right.
Terms and Conditions:
1. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the MW Services or are a Member, or Guest or Visitor. MW may terminate your Membership or Use at any time, for any reason, for no reason, with or without prior notice or explanation, and without any liability whatsoever, to you or any party using your account or accessing device. Termination of the site, or a Member’s account is at the sole discretion of MW. Even after Membership is terminated, this Agreement will remain in effect as a legally binding Agreement for your past, present, and future use of the MW Services. You may terminate your Membership at any time, for any reason by following instructions (which may be changed from time to time).
2. Use of MW. MW reserves the right to remove content in its sole discretion, especially immoral or illegal content, and content of a commercial nature. Illegal, immoral, and/or unauthorized use of the MW Services, including phishing (as is known to the technical community and/or understood to mean any activity of solicitation whether fraudulent or commercial), collecting user id names and numbers and email addresses of Members by electronic or other means, and/or any solicitation of others (whether Members or non-members of MW) by any means (whether through MW directly or indirectly), and/or any unauthorized framing of or linking to the MW Website, and/or employing any software, promotional sites or other third party to promote any commercial activity (legal, fraudulent, commercial, or otherwise) for money, unless expressly approved by MW, is prohibited. The MW Services are for the personal use of Members, may be used for promotional purposes, but commercial activities and revenue generating activities may only be used if they are specifically endorsed or authorized by MW in writing. Commercial ads, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. MW reserves the right to take appropriate legal action for any illegal or unauthorized use of the MW Services. Specifically, due to the social nature of MW Services, convicted sex-offenders are prohibited from using this service, subject to laws currently in place or which may take effect from time to time.
3. Fees/Points. If MW terminates your Membership or Use pursuant to any clause herein or due to any breach by you or anyone using your Account or accessing device, you shall not be entitled to any refund of any unused portion of fees or payments you have made to MW or any of its associates, assignees, subcontractors, subsidiaries, etc. If your Membership or Use is terminated by MW you also forfeit any rights or MyWurld Points/Reward Points/Points, or any other benefits you may have accumulated during or through your use of the MW Services. You will not be permitted to redeem any accumulated benefits for any other benefits; upon termination (by you or MW) your Account is zeroed out. You acknowledge MW reserves the right to charge for any portion of the MW Services, at any time, and in any amount it deems necessary. MW may also change (any of) its fees from time to time in its discretion. Notice of fee charges and/or fee changes will be provided in advance.
4. Password. When you sign up to become a Member, you will be asked to choose a password. You are responsible for the confidentiality of your password. You agree not to reveal it to any third party, ever. You agree you will only use the MW Services via your own account. You are solely responsible for any and all use of your account, whether by yourself or any other person. You agree not to use the account, username, or password of another Member, ever. You agree to notify MW immediately if you suspect any unauthorized use of your account or violation of your password. If you use any other person’s account to access MW you will be held responsible for any ramifications.
5. Eligibility. Registration as a Member and Use of the MW Services (“Membership”) is void where prohibited. In using the MW Services, you warrant and acknowledge (a) any and all registration information you submit is truthful and accurate; (b) you will maintain accurate registration information at all times; (c) your use of the MW Services does not violate any applicable law or regulation in your jurisdiction or in any jurisdiction which may govern your use at any time, and (d) you are 13 years old or older at the time you sign up. Your profile may be deleted and your Membership may be revoked, suspended, deleted, denied, or terminated without warning, if we believe: 1)you are under 13 years of age, or 2)we believe you are misrepresenting yourself in any fashion and with regard to any facts or details about yourself, most notably including your age, gender and personal details. You hereby agree not to misrepresent yourself in any fashion or provide any false or inaccurate information about yourself, whether in whole or in part, whether completely false, somewhat false, slightly false, or otherwise inaccurate. Your use of all MW Services is contingent upon a fully and completely accurate personal profile and any/all postings or content you provide or share with others in any capacity.
6. Privacy. Use of the MW Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
7. Postings and Content.
7.1.You are solely responsible for the Content you post on or through any of the MW Services, and any material or information you transmit to others, whether Members or not, through MW Services, or by cutting and pasting any MW Services Content and forwarding or transmitting by other means; MW has no liability for such Content.
7.2. Whether MW chooses, in its sole discretion, at any time, to monitor the MW Services, MW nonetheless assumes no responsibility for Content, no obligation to modify or remove any inappropriate Content, no responsibility for the conduct of the User submitting any such Content, and no liability for interactions between Users, Members, Guests, Visitors, etc. MW may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of MW violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MW assumes no responsibility for monitoring the MW Services for inappropriate Content or conduct. User, Member, Visitor postings of Content are bound by the terms of this agreement, at the discretion of said User, Member, Visitor, and said User, Member, Visitor assumes all responsibility, liability and legal consequences for same.
7.3 You are solely responsible for your interactions with others through MW. You are not required to use the site. Use MW at your own discretion and in accordance with the terms of this Agreement.
7.4 MW shall not be responsible for any harm or damaged caused to anyone or anything as a result of the use of MW Services, viewing of Content, or interaction with MW Services or any other users, regardless of whether the injured or harmed party is a Member or not.
7.5 All Users, Guests, Visitors, and Members are fully and solely responsible for copying, using, posting and reposting of Content from others, whether from said others’ MyWurld profiles or from other sites/destinations, within MW Services or outside the MW scope.
7.6 Other Users, Guests, Visitors, and Members may post information which you find offensive or personally damaging. MyWurld assumes no liability for such Content and you agree through your use of the site and acceptance of this Terms Document that you will hold MyWurld Inc., its agents, founders, executives, partners, employees, and any other affiliates harmless against any and all injuries received by you whether monetary or personal in nature and whether they are defamatory, slanderous, or merely offensive. MyWurld is not responsible for the Content posted by you, or others, and any damages caused by such Content to anyone, individual, group, or entity of any kind. You acknowledge there are possible risks associated with the use of MW Services, which cannot be fully outlined here, and you personally assume any and all such risks when you use the MW Services.
7.7 MyWurld is not responsible for the loss or management of the content you post on MyWurld. You understand that MyWurld should not be used as a storage facility for your digital material. Please keep a copy of all content posted on MyWurld on your computer or on another storage device. MyWurld will not be responsible for any consequences of the loss of personal data you post on the site.
8. Content/Activity Prohibited. MW reserves the right to investigate and take appropriate legal action against anyone who, in MW's sole discretion, violates this provision, including but not limited to: removing the offending Content from the MW Services and suspending, denying, limiting, or terminating the Membership of such violators. The following are examples of the kind of Content that is illegal or prohibited to post on or through the MW Services. Prohibited and/or illegal Content includes, but is not limited to Content that in the sole discretion of MW:
8.1 involves the transmission of unsolicited mass emailing, "junk mail," "chain letters," or unsolicited instant messaging, "spimming," "phishing", "spamming";
8.2 solicits passwords or personal identifying information for any use, whether personal, commercial or unlawful from other Visitors, Users, Members, etc.;
8.3 includes a photograph or video of another person that you have posted without that person's consent or have failed to remove at that person’s request;
8.4 contains immoral content, nudity, excessive violence, illegal or offensive subject matter or language or contains a link to an adult website;
8.5 promotes illegal activities or conduct that is harmful, distasteful, obscene, abusive, threatening, defamatory or libelous and/or constitutes or promotes information that you know is misleading, false, inaccurate, or otherwise untrue or misguided;
8.6 publicly posts information that poses or creates a privacy or security risk to any person or entity;
8.7 solicits personal information from anyone under 18, or duplicitously solicits personal information from anyone for any reason;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or digital links to pirated music, video or digital files;
8.9 is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any subversive criminal activity or enterprise of any kind or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, making or buying explosive or terrorist devices, making or buying chemical or biological weapons or agents, violating someone's privacy, or providing, creating, or disseminating computer viruses;
8.12 harasses or advocates harassment of another person, group, or entity;
8.13 involves commercial activities and/or sales without prior written consent from MW such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 for band, comedy, filmmaker and any/all other profiles, uses sexually suggestive imagery, promises or promotions, misleading tactics, or any other unfair, or deceptive Content intended to draw traffic to the profile;
8.15 exploits people in a sexual or violent manner; or…
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person, group, or entity.
The following are examples of the kind of activity that is illegal or prohibited on the MW Website and through your use of the MW Services. MW reserves the right to investigate and take appropriate legal action against anyone who, in MW's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 the use of commercial advertisements on your profile not authorized by MW, accepting anything of value from a third person in exchange for your performing any commercial activity, placing commercial content on your profile, posting blogs or bulletins with a commercial purpose;
8.18 using any information obtained from the MW Services to abuse, harm or harass another person, group or entity, or doing so by posting your own Content which achieves the same;
8.19 modifying, attempting to circumvent or encourage or assist any other person in circumventing or modifying any technology, security, code, or software that is part of the MW Services;
8.20 impersonating or attempting to impersonate another Member, person or entity;
8.21 obscuring, covering, or otherwise trying to remove, impair or delete the banner advertisements on your personal profile page, or any MW page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using programs now known or discovered in the future, or scripts to add friends or send comments or messages in bulk, in creative and multiple fashions, repetitively, consecutively, or in any other fashion other than manually;
8.23 hacking, hijacking, spamming, attacking with a virus, worm or other malware product or code, interfering with, creating an undue burden on, or otherwise disrupting the MW Services or the networks or services connected to the MW Services;
8.24 activity that involves the use of any virus, worm, bots, or any other computer code, files or programs that limit, interrupt, tamper with, or destroy the functionality of any program or application, computer software or hardware, or any offering of MW;
8.25 for individual, group, organization, film, comedy, band and other profiles containing a MW player or device, copying the code for your MW Player and embedding it (or directing others to embed it) anywhere other than your profile on MW, and employing any such device which interferes with, corrupts, slows down, or otherwise affects the MW network;
8.26 transferring your profile to anyone else, whether through sale or otherwise;
8.27 MW reserves the right to restrict the number of message, posts, or emails which a Member may send to other Members in any 24-hour period (or other time period as defined by MW) to a number which it deems appropriate in its sole discretion;
8.28 criminal or tortious activity, including fraud, obscenities, harassment, phishing child pornography, drug dealing, gambling, stalking, spamming, spimming, sending of viruses, bots, malware or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
8.29 using the MW Services in a manner inconsistent with any and/or all applicable laws and regulations, whether local, regional, state, federal, national, international, or from any other applicable governing body based on your place of residence, address of registration on your MW profile, or your mobile use of the MW Services from anywhere at any time.
9. Provisions Applicable to Website Operators and Software/Application Developers
The following additional terms apply to the aforementioned groups or individuals and to any/all Content such groups or individuals supply through MW:
9.1 You are responsible for all applications and content and any and all uses you or others make of your Platform, Websites, or Applications. This includes ensuring such Content or Vehicles meet our Standards and Policies as written in this Agreement, in the MW Privacy Policy and in any other administrative MW document now created, or created in the future, and/or edited as MW sees fit.
9.2 Access to/from/and use of data you receive from MW Services will be limited as follows:
9.3 You will provide adequate customer support for your application, the quality of which is in our sole discretion, i.e., if we deem it unsatisfactory we reserve the right to terminate our relationship with you.
9.4 You will show no search boxes or third party ads on MW Services.
9.5 We give you the right to use the IP, data, code, and tools you receive from MW as permitted and instructed by MW.
9.6 You will not sell, transfer, or sublicense our IP, code, data, or tools to anyone or any entity.
9.7 You will not misrepresent your relationship with MW to others, or divulge details of the relationship which jeopardize MW in any fashion. Such jeopardy shall be at the sole determination of MW.
9.8 Our logos may be used by you in a clean, appropriate manner, but may not be altered by you without our express written consent. We may revise our standards of how you use our logos at any time with written notice. You hereby agree to comply.
9.9 We may issue press statements and PR content officially and accurately describing our relationship with you. Said statements do not need to be reviewed by you prior to release. We may use your logos as well in said press and PR releases.
9.10 You will comply with all applicable and jurisdictional laws.
9.11 We do not guarantee our relationship with you will be free; we reserve the right to change the nature of our relationship at our discretion.
9.12 You give us the right to enable your Content to work on/with MW, and into profiles, streams, and any/all other User Content or interfaces.
9.13 You give us the right to place ads around your application, link to your application, design and frame your application as we see fit, and place Content in and around it as we see fit.
9.14 We can analyze your application, content, and data for any purpose, including commercial reasons (targets ads, collating content, search organization, etc.).
9.15 To ensure safety and security we may audit your application any time and in a manner we deem necessary.
9.16 Your application is not exclusive with MW; we can offer or create similar features and services and applications which may compete with your application, directly or indirectly.
10. Protecting Copyrights and Other Intellectual Property. Users, Guests, Visitors, Members, etc., may not embed, email, post, transmit, upload, or otherwise make available any Content which infringes any right, copyright, patent, trademark, trade secret or other proprietary interest of any group, entity, or person. MW at its sole discretion may terminate, deny, limit, or otherwise infringe the Membership of IP infringers. Any Users, Guests, Visitors, Members, etc., using MW Services understand and assume all risks of infringement based on the posting of their Content on MW or the re-posting or use of their content on MW, or posting or re-posting to other sites, and to or from any other source or site. MW has no control over User, Guest, Visitor, Member Content previous to its use or distribution on the MW Services, or how it comes to be on the MW Services so it cannot be responsible for how such information is posted to MW or by whom. MW assumes no liability for infringement of any kind for Content of any kind. Such liability rests with Users, Guests, Visitors and Members.
11. Member Disputes. MW reserves the right, but has no obligation to resolve disputes between you and other Members, Users, Guests, or Visitors.
12. Provisions for Users, Visitors, Guests, and Members Outside the United States.
The following provisions apply to those outside the United States using the MW Services:
12. 1 You consent that your personal data and Content will be transferred to the United States, or to any other location where MW operates its Services.
12.2 If you are in a country on the U.S. Treasury Department's list of Specially Designated Nationals or in a country which the United States embargoes, or otherwise prohibits from engaging in U.S. activities, you will not engage in commercial activities on MW or in any other activities which are prohibited by law.
13. MW Proprietary Rights and Content.
13.1 You warrant: (i) the posting of your Content on or through the MW Services does not violate the publicity rights, copyrights, privacy rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the MW Services, or through any use of the MW Services and (ii) you own and control all the rights to the Content posted by you on or through the MW Services, or you otherwise have the right to grant the license(s) set forth in this Section.
13.2 MW Content is protected by trademark, patent, copyright, trade secret and other laws, and MW owns and retains all rights in the MW Content and the MW Services, including all subsidiaries, URL’s, Wurld extensions, and Content on any site, location, or service associated, owned, or co-owned by MW in any capacity. MW hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the MW Content (excluding any software code) solely for your personal use in connection with viewing the MW Website and using the MW Services.
13.3 The MW Services contain Content of MW ("MW Content"). The MW Services contain Content of Users and other MW licensors.
13.4 MW and its team performs technical functions necessary to offer the MW Services, including but not limited to coding, transcoding, and/or reformatting Content to allow its use throughout the MW Services.
13.5 MW does not claim any ownership rights or liabilities concerning the text, musical works, works of authorship, sounds, photos, video, images, files, applications, or any other materials (collectively, "Content") that you post on or through the MW Services. After posting your Content to the MW Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
13.6 Except as otherwise provided within this Agreement, you may not perform, transmit, distribute, translate, modify, copy, broadcast, display, or sell any Content appearing on or through the MW Services which is the property of MW. Furthermore, Users, Guests, Visitors and Members of MW agree and understand that they may not sell or otherwise profit from the Content they create on the MW site using songs/material/any Content owned and copyrighted by someone else. Content created and downloaded on MW is for promotional use only. MW is not responsible for any illegal use, distribution, or sale of Content created on MW by Users, Guests, Visitors and/or Members who have agreed to the terms of this agreement. You are hereby responsible for all such activity.
13.7 The license you grant to MW is a non-exclusive, transferable, sub-licensable, worldwide and Universal license to use any IP content that you post on or in connection with MW Services. You may license your Content to others. The license you grant to MW is royalty-free (meaning that MW is not required to pay you for the use on the MW Services of the Content that you post unless specifically spelled out now or under any other modification to this Agreement or in a private Agreement with you), and sublicensable (so that MW is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide such Content through MW Services). Any Agreements made by MW with other third parties to provide continuity of the MW Services in any fashion is at the sole discretion of MW and you hereby agree to have no authorization to approve, disapprove, or affect the content of said Agreements.
13.8 By displaying or publishing ("posting") any Content on or through the MW Services, you hereby grant to MW a limited unpaid license to use, reproduce, perform, modify, add to, delete from, publicly perform, publicly display, and distribute such Content solely on or through the MW Services or any MW platform, including without limitation distributing part or all of the MW Website in any media formats and through any media channels now known, or discovered in the future. “Unpaid” means you will receive zero compensation for any content you post on MyWurld, period, unless as provided for in commercial offerings provided by and/or approved by MW. Content marked “private” will not be distributed outside the MW Website. This limited license does not grant MW the right to sell or otherwise distribute your Content outside of the MW Services unless expressly described under separate agreement and agreed to by both parties. However, this license specifically includes MW’s unlimited use of your picture and/or profile information in marketing efforts which include but are not limited to tools such as the Who’s New feature, the Friends You May Know feature (or any similar feature which may or may not be named accordingly), email, blast, or burst marketing campaigns, text messages, press releases, or any other marketing tool which is now known and used or may be developed and used in the future by MW. This license means your picture and/ or username may randomly appear on the MyWurld home page or in any other marketing campaign or effort and that you will not be compensated for such appearance. After you remove your Content from the MW Website we will cease distribution as soon as we are able. At such time when distribution ends the license will terminate. It is specifically noted that MW cannot control the redistribution of your Content by others once it has been posted on MW. MW assumes no liability for the redistribution of others and you acknowledge and accept that once you post Content, unless it specifically labeled “private”, it will be (essentially forever) in the public domain. If you initially post Content as “public” and then change it to “private”, MW will not be liable for any transmission or retransmission of such material, whether by MW or others, and whether it causes harm or injury (in any capacity) to you or others. You assume all such risks.
14. Indemnity. You agree to indemnify and hold MW, its subsidiaries, and affiliates, and their respective employees, agents, officers, founders, directors, partners, stockholders, and contractors, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MW Services, for any cause, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the MW Services causes MW to be liable to another.
15. Limitation on Liability. IN NO EVENT SHALL MW BE LIABLE TO ANY PARTY FOR ANY EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DISCONTINUITY OF BUSINESS, FINANCIAL IMPACT, OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MW SERVICES. IF MW HAS BEEN ADVISED OF THE PROPENSITY OR POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MW'S LIABILITY, REGARDLESS OF THE FORM OF THE ACTION, AND IN ANY AND EVERY CASE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MW FOR THE MW SERVICES DURING THE TERM OF MEMBERSHIP. MW WILL NOT ASSUME ANY LIABILITY FOR DAMAGES ARISING OUT OF YOUR USE OF THE MW SERVICES AND YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. YOU ASSUME ALL SUCH RISKS.
16. U.S. Export Controls. No Software may be downloaded from the MW Services or otherwise imported, exported or exported again in violation of U.S. laws. Downloading or using the Software is at your own risk.
17. Disputes. This Agreement shall be governed by, and construed in accordance with, the laws of the State of MW incorporation, without regard to its conflict of law provisions, and any applicable federal laws. It may also be governed by applicable laws if MW changes its status of incorporation, location of incorporation, or re-organization to any other form of entity. You and MW agree to submit to the exclusive jurisdiction of the courts located within the MW State of incorporation to resolve any dispute arising out of the Agreement or the MW Services. EACH OF THE PARTIES VOLUNTARILY, KNOWINGLY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY FOR ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, CROSS-CLAIMS, COUNTERCLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY CERTIFIES THAT NO AGENT, EMPLOYEE, CONTRACTOR, OR REPRESENTATIVE OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Disclaimers. The MW Services are provided "AS-IS" and are used on a voluntary basis. Use of MW Services is at your own discretion and your own risk, and is a privilege not a right. MW is not responsible for any technical malfunction or problems with telephone network lines, satellite or wireless service, computer online systems, cable connections, servers or providers, software, computer equipment, failure of email or players or any system currently developed or developed in the future due to technical problems, traffic congestion on the Internet or on any of the MW Services or combination thereof, including any injury and/or damage to Visitors, Members, Guests, Users, or to any person's computer, computing device, or other accessing device, related to or resulting from participation in MW services in any capacity, or downloading materials in connection with the MW Services. You hereby acknowledge and understand that “As-is” refers to the moment to moment use of MW Services as they may be changed or updated by MW at its discretion or as it may be affected in any fashion by the aforementioned possible interruptions or technical affectations. Under no circumstances shall MW be responsible or liable in any way for any loss or damage of your person Content or to your person or property, including personal injury or death, resulting from use of the MW Services, from any Content posted on or through the MW Services, or from the conduct of any Users, Guests, Visitors, or Members of the MW Services, whether online or offline. MW expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MW does not guarantee and cannot promise any benefits or specific goals or desired results from the use of the MW Services. MW is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the MW Services, whether caused by Users of the MW Services or by any of the equipment or programming associated with or utilized in the MW Services. Content posted on MW Services does not necessarily reflect the opinions or policies of MW. Profiles and third party applications created and posted by Members on the MW Website may contain links to other websites. MW is not responsible for the content, accuracy or opinions expressed on other linked or unlinked websites. Such websites are not investigated, monitored or checked for accuracy or completeness by MW as they are not under the control of MW. Inclusion of any linked website on the MW Services does not imply endorsement or approval of the linked website by MW. When you access these third party sites, you do so at your own risk, whether such links are provided by MW directly, or by other Users of the site. MW takes no responsibility for third party advertisements or third party applications that are posted on or through the MW Services, nor does it take any responsibility for the goods or services provided by its advertisers, linked or unlinked websites, or any Content, promotions, offers, contests, prizes, etc., that MW does not officially sponsor or manage. MW is not responsible for the conduct, whether online or offline, of any Guest, Visitor, Member, or User of the MW Services. MW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User, Guest, Visitor or Member communication.
19. Entire Agreement. This Agreement is acknowledged and accepted upon your use, whether as Member, Guest, Visitor, or User of the MW Website or any of the MW Services. This Agreement constitutes the entire agreement between you and MW regarding the use of the MW Services. Any omission of this agreement shall be governed by applicable laws currently in effect or which may come into effect from time to time. The failure of MW to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and shall only be governed by applicable law (such as Statute of Limitations). The section titles in this Agreement are for labeling purposes only and have no legal or contractual effect. MyWurld is a trademark of MyWurld, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
20. Payments and Royalties. Not applicable at this time.
21. Incorporation, etc. All provisions of this Agreement shall remain in effect regardless of where MyWurld Inc. is incorporated, if it changes the nature of its incorporation, or if it changes its form of organization to any other type of entity (LLC, Partnership, Non-Profit, etc.). In such cases, all references to MyWurld Inc. herein shall refer to MyWurld, the organization, and all portions of this Agreement shall remain in effect.
Please contact MyWurld with any questions regarding this Agreement.
BY CHECKING THE APPROPRIATE BOX I INDCATE I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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