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These
terms and conditions apply to all MyWorldChat.com
domains.
Terms
and Conditions
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Conditions PDF
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1. Acceptance of
terms
Welcome to MyWorldChat.com, a division of Raissa
Publishing. Raissa Publishing provides its service to
you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time with notice
to you.
2. Description of service
MyWorldChat/Raissa Publishing provides users with access
to your MyWorldChat Communicator. You understand and
agree that the service may include certain
communications from MyWorldChat/Raissa Publishing such
as service announcements and administrative messages
that are considered part of your customer relationship
with MyWorldChat/Raissa Publishing 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 Communicator features, shall be subject
to the TOS. You understand and agree that the Service is
provided "AS-IS" and that MyWorldChat/Raissa Publishing
assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications
or personalization settings. You are responsible for
obtaining access to the Service and that access may
involve third party fees (such as Internet service
provider charges). You are responsible for those fees,
including those fees. In addition, you must provide and
are responsible for all equipment necessary to access
the Service.
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
your non-profit organization as prompted by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or Raissa Publishing has reasonable grounds to suspect
that such information is untrue, inaccurate, not current
or incomplete, Raissa Publishing has the right to
suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion
thereof).
4.
MyWorldChat/Raissa Publishing Privacy policy
Registration Data and all other information about you
and your organization is held in the strictest
confidence and, unless we are required to do so by a
court order, is not released to anyone. See our
Privacy Policy for details.
5. Member account, password and security
You will register a password and account designation
upon completing the Service's registration process. You
are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for
all activities that occur under your password or
account. You agree to (a) immediately notify
MyWorldChat/Raissa Publishing of any unauthorized use of
your password or account or any other breach of
security, and (b) ensure that you exit from your account
at the end of each session. MyWorldChat/Raissa
Publishing cannot and will not be liable for any loss or
damage arising from your failure to comply with this
Section 5.
6. Member conduct
You understand that all information, data, text,
software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content
originated. This means that you, and not
MyWorldChat/Raissa Publishing, are entirely responsible
for all Content that you upload, post, email, transmit
or otherwise make available via the Service.
MyWorldChat/Raissa Publishing does not control the
Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you
may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will
MyWorldChat/Raissa Publishing be liable in any way for
any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
upload, post, email,
transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not
limited to, a Telco Advertising Ltd. official, forum
leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content
transmitted through the Service;
upload, post, email, transmit or otherwise make
available any Content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam, (see
our spam policy)" "chain letters," "pyramid
schemes," or any other form of solicitation, except in
those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make
available any material that contains software viruses
or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of
any computer software or hardware or
telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in
real time exchanges;
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the
force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that
MyWorldChat/Raissa Publishing may or may not pre-screen
Content, but that MyWorldChat/Raissa Publishing and its
designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move
any Content that is available via the Service. Without
limiting the foregoing, MyWorldChat/Raissa Publishing
and its designees shall have the right to remove any
Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content.
You acknowledge, consent and agree that
MyWorldChat/Raissa Publishing may access, preserve, and
disclose your account information and Content 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 TOS; (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 Raissa
Publishing, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, 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.
7. Special admonitions for international use
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the
transmission of technical data exported from the United
States or the country in which you reside.
8. Indemnity
You agree to indemnify and hold Raissa Publishing, and
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or
make available through the Service, your use of the
Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
9. General practices regarding use and storage
You acknowledge that MyWorldChat/Raissa Publishing may
establish general practices and limits concerning use of
the Service.
10. Modifications to service
MyWorldChat/Raissa Publishing reserves the right at any
time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that
MyWorldChat/Raissa Publishing shall not be liable to you
or to any third party for any modification, suspension
or discontinuance of the Service.
11. Termination
You agree that RMyWorldChat/Raissa Publishing may, under
certain circumstances and without prior notice,
immediately terminate your MyWorldChat account and
access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you
(self-initiated account deletions), (d) and
discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or
security issues or problems. Termination of your
MyWorldChat/Raissa Publishing account includes (a)
removal of access to all offerings within the Service,
(b) deletion of your password and all related
information, files and content associated with or inside
your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all
terminations for cause shall be made in Raissa
Publishing sole discretion and that MyWorldChat/Raissa
Publishing shall not be liable to you or any third-party
for any termination of your account, or access to the
Service.
12. Links
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because MyWorldChat/Raissa Publishing has no control
over such sites and resources, you acknowledge and agree
that MyWorldChat/Raissa Publishing is not responsible
for the availability of such external sites or
resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or
other materials on or available from such sites or
resources. You further acknowledge and agree that
MyWorldChat/Raissa Publishing shall not be responsible
or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or
services available on or through any such site or
resource.
13. 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 sponsor advertisements
or information presented to you through the Service or
advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Raissa
Publishing, 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.
MyWorldChat/Raissa Publishing grants you a personal,
non-transferable and non-exclusive right and license to
use the object code of its Software as a single entity
and to distribute your licensed Software freely;
provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the
Software in any manner or form, or to use modified
versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any
means other than through the interface that is provided
by MyWorldChat/Raissa Publishing for use in accessing
the Service
14. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. RAISSA PUBLISHING EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
MYWORLDCHAT/RAISSA PUBLISHING MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MYWORLDCHAT/RAISSA PUBLISHING OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE
IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT
YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
15. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 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 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.
16. 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 OF SECTIONS 17 AND 18 MAY
NOT APPLY TO YOU.
17. Special admonition for services relating to
financial matters
You agree that, except as otherwise expressly provided
in this TOS, there shall be no third party beneficiaries
to this Agreement.
18. Notice
MyWorldChat/Raissa Publishing may provide you with
notices, including those regarding changes to the TOS,
by either email, regular mail, or postings on the
Service.
19. General information
Entire Agreement. The TOS constitute the entire
agreement between you and MyWorldChat/Raissa Publishing
and govern your use of the Service, superceding any
prior agreements between you and Raissa Publishing.
Choice of Law and
Forum. The TOS 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 Raissa Publishing
agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of
Clallam, Washington State.
Waiver and
Severability of Terms. The failure of MyWorldChat/Raissa
Publishing to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS 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 TOS remain in full force and effect.
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
TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. |