MEMBERSHIP AGREEMENT
The Association of Virtual Worlds LLC. the owners and operators of, and from this point forward referred to as, ("associationofvirtualworlds.com.", "us", "our", "we", "Company") maintains this Internet site together with other Internet sites ("Sites") as a service to the Internet community. The content (images and text) ("Content") is the property of associationofvirtualworlds.com TM and protected by United States and international intellectual property laws. As a user of the Sites, you may download Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with this Service Agreement ("Agreement") or applicable law, nor may you copy, modify or alter the Content. Please see our Terms of Use and Sale policy.
Content
We will use reasonable efforts to include accurate and up-to-date Content and information on the Sites. From time-to-time we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave the Associationofvirtualworlds.com Sites for another Web site ("Third Party Site") which Associationofvirtualworlds.com neither owns nor controls. Associationofvirtualworlds.com shall not be liable to you for your use of a Third Party Site.
We reserve the right to cancel your membership should you violate the terms and conditions of this Agreement and any other posted policy on the Sites. Memberships are non-transferable.
Privacy and Security
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
At certain points in using the Sites, you will be asked to provide information to us. We collect two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect, includes but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address,. We do not sell personally identifiable information. However, from time-to-time we may lease such information (excluding credit card information) to third parties who provide goods or services that may be of interest to you based upon your use of the Sites. Should you not want for us to lease your personally identifiable information, send us an email to dave@Associationofvirtualworlds.com and state in the body of your email that you do not want for us to share such information. We will not disclose your personally identifiable information in a manner inconsistent with this Agreement or any other posted policy on the Sites unless authorized by you to do so, or as required by law, or to protect our interests. Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license associationofvirtualworlds.com to use, reproduce, and create derivative works from information, communications or material. The Company reserves the right to use comments, testimonials and other statements made by you on our Sites including, but not limited to those you may post on our bulletin boards, in our chat rooms, in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on the Sites or to withdraw, change or add products or services contained within our Sites at any time.
The Association of Virtual Worlds LLC owns all information posted and collected on this site and reserves the right to transfer all data upon the sale of this site in whole or in part.
Your User Account and Password
You agree to: (a) maintain all equipment necessary for your access to and use of the Sites; (b) maintain the security of your user identification, password and other confidential information relating to your Associationofvirtualworlds.com account; (c) be responsible for all charges resulting from use of your associationofvirtualworlds.com account, including unauthorized use prior to your notifying Associationofvirtualworlds.com of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) updating your personal information, including email address. Please review our privacy policy in full here.
Fee-based Membership
Member benefits are at the sole discretion of associationofvirtualworlds.com and may change without notice to you. The fee-based membership term is specified at the time you purchase your membership/subscription. All monthly and yearly subscriptions are automatically renewed.
Monthly Membership
If you purchase a monthly membership your membership will automatically be renewed each month. Your subscription month begins on the calendar date (e.g., December 15th) you became a member of Associationofvirtualworlds.com and concludes on the day before that calendar date (e.g., January 14th) the following month.
Annual Membership
Your yearly membership will be auto-renewed each year. If you purchase a membership year your membership year begins on the calendar date (e.g., December 15th 2006) you became a member of Associationofvirtualworlds.com and concludes on the day before that calendar date (e.g., December 14th 2007) the following year.
Cancellation
Associationofvirtualworlds.com does not accept returns or refunds for membership fees. We do allow for cancellations with regard to our membership program. You are financially responsible for your membership fee until we receive notice of cancellation. Cancellations are not retroactive. If you cancel your membership after your membership month has begun, you will not be entitled to a refund for that membership month. A membership month begins on the calendar date (e.g., December 15th) you became a member of associationofvirtualworlds.com and concludes on the day before that calendar date (e.g., January 14th) the following month. Cancellations do not become effective until the starting date of the member's next membership month. For annual memberships, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your membership before it renews in order to avoid billing of membership fees for the renewal term to your credit card.
You may cancel your membership as follows:
By email: send an email to dave@Associationofvirtualworlds.com. In the text of the body of your email state your first and last name, user name, and intent to cancel. We will not open your email if it contains an attachment.
By mail: mail your letter to
Association of Virtual Worlds LLC
200 Executive Way
Suite 206
Ponte Vedra Beach, FL 32082
Include your first and last name, user name, email address, and your intent to cancel.
You agree that neither The Association of Virtual Worlds LLC (associationofvirtualworlds.com) nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("Released Parties"), shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sites. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys fees and associated costs and expenses) arising from your use of the Sites. . Notwithstanding the foregoing our total liability to you by any Release Party shall not exceed the fees paid by you to us during your membership with us. In addition, should your claim arise from a purchase made on or through our store, our total damages shall not exceed the cost of the product or service purchased (less shipping and handling). No representations or warranties of any kind, whether express or implied, fitness for a particular purpose, or merchantability are made by us regarding the Sites. We will not be liable to you for any damages, including, direct or indirect, special, incidental, consequential or punitive damages even if we have been advised of the possibility of such damages. Void where prohibited by law.
The Association of Virtual Worlds LLC (associationofvirtualworlds.com) may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. Associationofvirtualworlds.com will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email and forward it to dave@associationofvirtualworlds.com. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
Association of Virtual Worlds LLC
200 Executive Way
Suite 206
Ponte Vedra Beach, FL 32082
or
Email: dave@associationofvirtualworlds.com
Product Purchases
Please see our Terms of Use and Sale document.
Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any Forums) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Associationofvirtualworlds.com, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Associationofvirtualworlds.com, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain 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 a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;
- Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another user or employee of this Website; or
- Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Unsolicited Idea Submission Policy
The Association of Virtual Worlds LLC. ("Associationofvirtualworlds.com"), and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when associationofvirtualworlds.com's products or marketing strategies might seem similar to ideas submitted to Associationofvirtualworlds.com. So, please do not send your unsolicited ideas to Associationofvirtualworlds.com or anyone at Associationofvirtualworlds.com. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, or e-mail says, the following terms shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of associationofvirtualworlds.com, without compensation to you, and (2) associationofvirtualworlds.com can use the ideas for any purpose and in any way, even give them to others.
Product and/or Service Feedback
Associationofvirtualworlds.com does, however, welcome your feedback. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at dave@Associationofvirtualworlds.com. Please provide only specific feedback on associationofvirtualworlds.com's existing products or marketing strategies; do not include any ideas that associationofvirtualworlds.com's policy will not permit it to accept or consider. It's just one more way that Associationofvirtualworlds.com can learn how to best satisfy your needs.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Associationofvirtualworlds.com shall be free to use such information on an unrestricted basis.
Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website.
TERMS OF SERVICE AND ASSOCIATION OF VIRTUAL WORLDS LLC, END USER LICENSE AGREEMENT FOR DOWNLOADABLE PRODUCTS
The downloadable products are provided to you by way of a license according to the terms and conditions set forth in Association of Virtual Worlds LLC.,End User Agreement below.
IMPORTANT -- READ CAREFULLY BEFORE DOWNLOADING AND/OR USING THESE PRODUCTS: You may install only ONE copy of the Download. By clicking on the "Accept" button, downloading, copying or otherwise using the downloadable products, you agree to be bound by the terms of this License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD THE PRODUCT(S). YOUR DOWNLOAD AND/OR USE OF THE DOWNLOAD ACKNOWLEDGES THAT YOU HAVE READ THE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. AFTER YOU HAVE READ THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, PLEASE CLICK ON THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE TO CONTINUE YOUR DOWNLOAD OF THE PRODUCT(S). YOU MUST AGREE TO THE TERMS OF THE LICENSE AGREEMENT, BY CLICKING THE "ACCEPT" BUTTON BELOW, IN ORDER TO USE THE DOWNLOADABLE PRODUCT.
END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT. This The Wave Group, Inc (Associationofvirtualworlds.com)., End User License Agreement ("License Agreement") is a legal agreement between you (either an individual or an entity) and Association of Virtual Worlds LLC., (the "Company") regarding the use of the Company's downloadable products, which includes but is not limited to, ebooks, and any other downloadable products and may include associated media and related online or electronic documentation (collectively the "Download" or "Download Product").
GRANT OF LICENSE
The Company hereby grants to you a non-exclusive license to use the Download, subject to the following terms:
a) You may: (i) use the download on any single computer; and (ii) copy the download for back-up and archival purposes, provided, that any copy must contain all of the original Download's proprietary notices.
b) You may not copy, transfer or print/post/share the download with any other individual or entity regardless if it is a purchased product or a free download.
LICENSE RESTRICTIONS
a) You may not: (i) permit other individuals to use the download except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the download; (iii) copy the download (except for back-up or archival purposes) or distribute the Download to third parties; (iv) rent, lease, transfer, or otherwise transfer rights to the Download; or (v) remove any proprietary notices or labels on the Download. Any such forbidden use shall immediately terminate your license to the Download and may terminate your free membership or fee-based membership.
b) You agree that you shall only use the Download in a manner that complies with all applicable laws in the jurisdictions in which you use the Download, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may only use the Download for your private, non-commercial use. Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit the Download. Neither you nor anyone at your direction shall profit in any manner or through any medium whatsoever to commercially exploit the Download or use the Download for any commercial purpose without the express written permission of the Company.
e) You may not use the Download in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
TITLE
Title, ownership, rights, and intellectual property rights in and to the Download shall remain in the Company. The Download is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Download shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE DOWNLOAD IS PROVIDED BY THE COMPANY "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY FURTHER DISCLAIMS ANY AND ALL WARRANTIES FOR THE DOWNLOAD, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, NON-INFRINGEMENT, AND TITLE. WARRANTIES (IF ANY) FOR ANY THIRD PARTY DOWNLOAD INCLUDED AS PART OF THE DOWNLOAD PRODUCT ARE PROVIDED EXCLUSIVELY BY THE MANUFACTURER OF THE THIRD PARTY DOWNLOAD. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE FOR THE THIRD PARTY DOWNLOAD. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE DOWNLOAD REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DOWNLOAD, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to hold harmless, indemnify and defend the Company, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims in relation to your use and installation of this Download.
TERMINATION
This License Agreement will automatically terminate if you fail to comply with any provision of this Agreement. No notice shall be required from the Company to effect such termination. You may also terminate this License Agreement at any time by notifying the Company in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Download and shall certify destruction of all full or partial copies of the Download, including the documentation and any related materials provided by the Company. Your obligation to pay any accrued charges and membership fees that may be owed to the Company shall survive any termination of this License Agreement.
NO ASSIGNMENT BY LICENSEE
This Agreement is personal to you, and may not be assigned without the Company's express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If the Company does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, the Company may terminate this Agreement on thirty (30) days' written notice. Both parties shall perform under this Agreement until such termination is effective. The Company may assign this Agreement at its sole discretion.
EXPORT RESTRICTIONS
You are responsible for complying with all trade regulations and laws both foreign and domestic. You agree that you will not export or re-export the Download (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Download (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the Download (or a portions thereof) in the production of nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government. By downloading and/or using the Download you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Download to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
MISCELLANEOUS
This License Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by the Company or not. The acceptance of any written instrument submitted by you is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and an authorized representative of the Company. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Florida. Any and all unresolved disputes relating in any way to, or arising out of, your use of the Download or this License Agreement shall be submitted to such courts in the State of Florida. However, if a judgment of the state and/or federal courts in the State of Florida would be unenforceable against you for any reason, any unresolved dispute relating in any way to, or arising out of, your use of the Download or this License Agreement shall be submitted to arbitration in the State of Florida. Any arbitration of a dispute under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, you may write to The Association of Virtual Worlds LLC 200 Executive Way Suite 206 Ponte Vedra Beach, FL 32082
