1. Acceptance of agreement
MyWorldChat/Raissa Publishing
provides its service to you subject to the following Agreement,
which may be updated by us from time to time with notice to you. You
can review the most current version of the Agreement at any time at:
http://MyWorldChat.com/dist_terms.html. In addition, when using
particular MyWorldChat/Raissa Publishing owned or operated services,
you and MyWorldChat/Raissa Publishing shall be subject to any posted
guidelines or rules applicable to such services which may be updated
from time to time. All such guidelines or rules (including but not
limited to our Spam Policy
are hereby incorporated by reference into the Agreement.
2. Description of service
MyWorldChat/Raissa Publishing
provides end users with MyWorldChat Voice over Internet
Protocol Conferencing software and service, (the "Service')
through you as an independent Distributor. You understand and agree that the service may include certain
communications to you from MyWorldChat/Raissa Publishing such as service
announcements, feature additions and administrative messages, and that
these communications are considered part of the Agreement and you
will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the
current Service, including the release of new MyWorldChat features,
shall be subject to the Agreement.
3. Your registration obligations
In consideration of your use of the
Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under
the laws of the United States or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and complete
information about yourself and (b) notify us should your information
change or require updating in any way. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or MyWorldChat/Raissa Publishing has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, MyWorldChat/Raissa Publishing has the right to suspend
or terminate your Distributorship.
4. MyWorldChat/Raissa Publishing
Privacy policy
Registration Data and certain other
information about you is subject to our Privacy Policy. For more
information, see our full privacy policy published on our main web
site.
5. Agreement Responsibilities
Orders: You understand that by
using the Service as a Distributor, you are authorized to market
MyWorldChat to the end user at a fixed price of $29.99 each month,
billed once initially and recurring automatically each month until cancelled
by the user.
All orders originate through your web site or other marketing
efforts and are passed off to MyWorldChat.com.
Order pass-off: All orders are
directed to MyWorldChat.com where customer information is gathered,
Terms and Conditions are presented and the customer order is processed.
MyWorldChat/Raissa Publishing does not store your customer's payment
information. With the exception of a court order, we do not reveal
any information about you or your customer to a third party under any
circumstances. MyWorldChat/Raissa Publishing correspondence with
your customer is related strictly to MyWorldChat service, training,
feature updates and customer support. Under no circumstances will
MyWorldChat/Raissa Publishing
contact your customer with additional offers from us or any third
party.
Sales
Commissions:
We provide a 30 day money-back guarantee to the customer. You will
receive $10.00 monthly, paid by the 15th of each month for the last
full month's active customer sales sold through your
Distributorship. Commission payments are processed through Pay Pal
or Check at your option. Your commissions are guaranteed not to
change as long as you remain an active Distributor.
Reporting: You will receive
monthly email sales reports and occasional feature updates
along with normal business correspondence from MyWorldChat/Raissa
Publishing.
Relationship: You are an
Independent Distributor. MyWorldChat/Raissa Publishing provides the
appropriate annual 1099 forms and required IRS reporting.
Marketing:
Distributors are responsible for actively marketing the MyWorldChat
Communicator through prominently displayed web site links and text
on your main page and for listing the software in all business,
nonprofit, personal and other appropriate categories in your web
site within 30 days of accepting this agreement.
Support: MyWorldChat/Raissa
Publishing provides all customer support and training. You agree to forward any questions
that your customers may ask and that you cannot answer and all requests
for support to:
Support@MyWorldChat.com
All MyWorldChat customers receive
full support through our support ticket system:
http://MyWorldChat.com/support/
MyWorldChat/Raissa Publishing
will:
- Notify the customer immediately
when an order is placed;
- establish the customer's
MyWorldChat Communicator software and account within 24 business
hours of receiving the order;
- notify the customer with the user
name and password for accessing the Service and downloading the
software;
- communicate with the customer and
provide the necessary training to
insure that the customer understands and is able to use the software;
- provide ongoing professional
support to the customer in a timely manner;
- notify the customer when feature
updates have been made available, provide the customer with
instructions on the use of the new feature and, when necessary,
provide training on new features.
You acknowledge, consent and agree
that MyWorldChat/Raissa Publishing may disclose your account
information if required to do so by law or in a good
faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the Agreement; (c) respond to claims that any Content violates the
rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of
MyWorldChat/Raissa Publishing, its users and the public.
You understand that the technical
processing and transmission of the Service may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
You understand that the Service and
software embodied within the Service may include security components
that permit digital materials to be protected, and use of these
materials is subject to usage rules set by MyWorldChat/Raissa
Publishing and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the
usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is
strictly prohibited.
6. MyWorldChat/Raissa Publishing
proprietary rights
You acknowledge and agree that the
Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content
contained in advertisements or information presented to you through
the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by MyWorldChat/Raissa Publishing or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part.
7. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MYWORLDCHAT/RAISSA PUBLISHING SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
MYWORLDCHAT/RAISSA PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
8. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Notice
MyWorldChat/Raissa Publishing may
provide you with notices, including those regarding changes to the
Agreement, by either email, regular mail, or postings on the
Service.
10. General information
Entire Agreement. The
Agreement constitute the entire agreement between you and
MyWorldChat/Raissa Publishing and govern your use of the Service as
a Distributor,
superseding any prior agreements between you and MyWorldChat/Raissa
Publishing. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
MyWorldChat/Raissa Publishing services, affiliate services,
third-party content or third-party software.
Choice of Law and Forum. The
Agreement and the relationship between you and MyWorldChat/Raissa
Publishing shall be governed by the laws of the State of Washington
without regard to its conflict of law provisions. You and
MyWorldChat/Raissa Publishing agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of
Washington, Clallam county.
Waiver and Severability of Terms.
The failure of MyWorldChat/Raissa Publishing to exercise or enforce
any right or provision of the Agreement shall not constitute a
waiver of such right or provision. If any provision of the Agreement
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Agreement remain in full force and
effect.
No Right of Survivorship and
Non-Transferability. You agree that your MyWorldChat/Raissa
Publishing Distributorship is non-transferable.
Statute of Limitations. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
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