AGREEMENT BETWEEN USER AND WONDER TWIN COMMUNICATIONS LTD.
The DearAnyone Web Site is comprised of various Web sites and Web pages operated by Wonder Twin Communications Ltd. (“Wonder Twin”) or its affiliates (collectively, the "DearAnyone Web Sites").
The DearAnyone Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DearAnyone Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular DearAnyone Web Site included within the DearAnyone Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the DearAnyone Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DearAnyone Web Site, then these terms shall control.
TABULATED ADVICE, POLL RESULTS, COMMENTS, REPONSES, COMMUNICATIONS AND ANY INFORMATION OTHERWISE (COLLECTIVELY, THE “INFORMATION”) RECEIVED VIA THE DEARANYONE SITES/SERVICES ARE SOLELY FOR ENTERTAINMENT AND AMUSEMENT PURPOSES, AND SHOULD NOT BE RELIED UPON FOR, WITHOUT LIMITATION, PERSONAL, FAMILY, WORK, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE INFORMATION RECEIVED VIA THE DEARANYONE SITES/SERVICES DOES NOT INDICATE THE BEST, MOST PRUDENT, ADVISABLE OR PREFERABLE COURSE OF ACTION, AND IS IN NO WAY INTENDED TO INFLUENCE, ALTER OR OTHERWISE IMPACT PERSONAL DECISIONS OR CONDUCT IN ANY WAY FOR ANY PURPOSE WHATSOEVER OF THE CREATOR OF THE POLL OR ANY DEARANYONE SITE/SERVICES USER OTHERWISE. WONDER TWIN AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES DO NOT COMMEND, ENDORSE, SUPPORT, ADVOCATE OR WARRANTY IN ANY WAY WHATSOEVER THE INFORMATION RECEIVED VIA THE DEARANYONE SITES/SERVICES AS A SOURCE OF GUIDANCE, INSTRUCTION, ADVICE, COUNSELLING, MANAGEMENT OR SUPERVISION FOR ANY PERSONAL DECISION(S) OR CONDUCT WHATSOEVER.
BY VIEWING THE SITE, POSTING A LETTER, OR OTHERWISE USING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS STRICTLY LIMITED TO ENTERTAINMENT AND AMUSEMENT, AND THAT WONDER TWIN HAS MADE NO REPRESENTATIONS WHATSOEVER ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, APPROPRIATENESS, FITNESS AND/OR ACCURACY OF THE INFORMATION CONTAINED WITHIN THE DEARANYONE SITES/SERVICES FOR ANY PURPOSE.
YOU SPECIFICALLY AGREE THAT WONDER TWIN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN DEARANYONE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT WONDER TWIN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WONDER TWIN IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN DEARANYONE SITE/SERVICE BY ANY THIRD PARTY.
You agree to indemnify and hold Wonder Twin, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the DearAnyone Sites/Services. Wonder Twin reserves the right to disclose any personal information about you or your use of the DearAnyone Sites/Services, including its contents, without your prior permission if Wonder Twin has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Wonder Twin or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Wonder Twin’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wonder Twin’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DearAnyone Sites/Services or information provided to or gathered by Wonder Twin with respect to such use.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at http://dearanyone.com/privacy for disclosures relating to the collection and use of your information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you choose to post a letter on DearAnyone, you must open an account. To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Wonder Twin immediately of any unauthorized use of your account or any other breach of security. Wonder Twin will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Wonder Twin or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Wonder Twin reserves the right to change the terms, conditions, and notices under which the DearAnyone Sites/Services are offered, including but not limited to the charges associated with the use of the DearAnyone Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the DearAnyone Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the DearAnyone Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the DearAnyone Sites/Services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DearAnyone Sites/Services, you will not use the DearAnyone Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the DearAnyone Sites/Services in any manner which could damage, disable, overburden, or impair any DearAnyone Site/Service(s) (or the network(s) connected to any DearAnyone Site/Service(s)) or interfere with any other party's use and enjoyment of any DearAnyone Site/Service(s). You may not attempt to gain unauthorized access to any DearAnyone Site/Service, other accounts, computer systems or networks connected to any DearAnyone Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the DearAnyone Sites/Services.
USE OF SERVICES
The DearAnyone Sites/Services may include, but are not limited to, personal advice poll creation services, bulletin board services, chat areas, news groups, forums, communities, e-mail services and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Use the Communication Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Use the Communication Service in connection with any poll, survey, sampling or census of a commercial, governmental, organizational or otherwise non-personal nature.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any inappropriate, defamatory, libelous, criminally obscene and indecent or otherwise unlawful topic, name, material or information.
• Advocate, suggest or propose unlawful violence, harm, retribution, or injurious conduct against oneself, and/or other persons and parties.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations or suggest that any applicable laws or regulations will be violated.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an DearAnyone Site/Service(s) or other user or usage information or any portion thereof.
Wonder Twin has no obligation to monitor the Communication Services. However, Wonder Twin reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wonder Twin reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Wonder Twin reserves the right at all times to disclose any information as Wonder Twin deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wonder Twin sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wonder Twin does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wonder Twin specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wonder Twin spokespersons, and their views do not necessarily reflect those of Wonder Twin.
Materials posted or uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.
MATERIALS PROVIDED TO WONDER TWIN OR POSTED AT ANY DEARANYONE WEB SITE
The information, products, and services included in or available through the DearAnyone sites/services may include inaccuracies or typographical errors. Changes are periodically made to the DearAnyone sites/services and to the information therein. Wonder Twin and/or its respective suppliers may make improvements and/or changes in the DearAnyone sites/services at any time.
Wonder Twin does not claim ownership of the materials you provide to Wonder Twin (including feedback and suggestions) or post, upload, input or submit to any DearAnyone Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wonder Twin, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your Letter Identifier Name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wonder Twin is under no obligation to post or use any Submission you may provide and Wonder Twin may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
CONTENT AVAILABLE THROUGH THE DEARANYONE SITES/SERVICES
All content that is made available to view in connection with the DearAnyone Sites/Services, excluding content that may be made available by end-users through a Communication Service, is owned by and is the copyrighted work of Wonder Twin and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content to any other server or location for further reproduction or redistribution is expressly prohibited.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the DearAnyone Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Wonder Twin shall not be responsible or liable for any part of any such dealings or promotions.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that Wonder Twin may establish limits concerning use of any service offered on an DearAnyone Website, including without limitation, the maximum number of days that messages and postings will be retained by the service, the maximum number of messages and postings that may be sent from or received by an account on the service, the maximum size of a message or posting that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Wonder Twin’s servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that Wonder Twin has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that Wonder Twin reserves the right to delete accounts that are inactive for an extended period of time.
Wonder Twin makes no warranty that any service will be uninterrupted, timely, secure or error-free.
Wonder Twin reserves the right, in its sole discretion, to terminate your access to any or all DearAnyone Sites/Services and the related services or any portion thereof at any time, without notice.
Wonder Twin may also terminate or suspend your access to DearAnyone Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Wonder Twin. Upon termination of the DearAnyone Site/Service, your right to use the DearAnyone Site/Service immediately ceases.
Wonder Twin shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
SEVERANCE and SUPERSESSION
If any provisions of this Agreement, or its application to any person or legal
entity or parcel of land or circumstances, is held invalid, the remainder of
the Agreement, or the application of the provision to other persons or legal
entities or parcels of land or circumstances, shall not be affected.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement is governed by the laws of the Province of British Columbia, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Province of British Columbia, Canada in all disputes arising out of or relating to the use of the DearAnyone Sites/Services. Use of the DearAnyone Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wonder Twin as a result of this agreement or use of the DearAnyone Sites/Services.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wonder Twin with respect to the DearAnyone Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wonder Twin with respect to the DearAnyone Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the DearAnyone Web Sites are: Copyright © 2005 Wonder Twin Communications Ltd. and/or its suppliers.