Last Updated: March 26, 2009
World2one
Terms of Service
1. Acceptance of Terms
Welcome to the Terms of Service for World2one. This agreement describes the terms on which you may access and use our services. In order to become a World2one user, you must read and accept all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.
2. Description of Service
World2one currently provides users with a core product that permits a user to create an electronic business card (iCARD) that can be embedded in the user’s email. In addition, recipients of a user’s iCARD can save the user’s contact information into their contact software, and then request and obtain any updated contact information about the user in the future. A user may also create portable web pages (iPAGEs) that travel with the user’s iCARD.
By agreeing to the World2one Terms of Service (TOS) you understand and agree that the Service is provided “AS-IS” and that World2one assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user’s designs or personalization settings. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new products, upgrades to existing products, or add-ons to existing products, shall be subject to this TOS Agreement.
In order to use the Service, you must obtain access to the world wide web (www), either directly or through devices that access web-based content, and pay any service fees associated with such access. You must also have the ability to send and receive email. You, the user, are responsible for providing all equipment necessary to make such connection to the www, including a computer and modem or other access device.
3. Membership Eligibility
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by World2one for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your World2one account to another party. If you do not qualify, you may not use the Service.
4. Use of Service
Your use of the Service is governed by this TOS. World2one may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify World2one of any unauthorized use of your password or account or any other breach of security. World2one cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Your Registration Obligations
In consideration of your use of the World2one Service, you agree to provide true, accurate, current and complete information, if you choose to disclose such information when prompted during the registration process. If, at any time, World2one has reasonable grounds to suspect fraudulent use of Service, World2one 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.
6. World2One Privacy Policy
World2one is very concerned about the privacy of all its users, particularly children.
7. Termination
You agree that World2one may, with or without cause, immediately terminate your World2one account and access to the Service without prior notice. Without limiting the foregoing, the following will lead to a termination by World2one of a user’s use of the Service (a) breaches or violations of this 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) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your World2one account includes removal of access to all offerings within the Service and may also bar you from further use of the Service. Furthermore, you agree that all terminations shall be made in World2one’s sole discretion and that World2one shall not be liable to you nor any third-party for any termination of your account or access to the Service.
8. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (Content), whether publicly posted of privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not World2one, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Service. Under no circumstances will World2one be liable in any way for any loss or damage incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service.
You agree to not use the Service to:
· upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, 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, 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 or otherwise transmit any Content that you do not have a right to transmit 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 or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
· upload, post, email or otherwise transmit 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;
· 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 other than through the iCARDs and iPAGEs.
You acknowledge that World2one does not pre-screen Content, but that World2one and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, World2one 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 and agree that World2one may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such 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; or (d) protect the rights, property, or personal safety of World2one, 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.
9. 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.
10. Information Provided on this Website
In the course of using the Service, users may provide information about themselves, which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the World2one website or otherwise providing materials to World2one, you are granting to World2one a royalty-free, perpetual, irrevocable license to use this information in the course of offering the service. Furthermore, you understand that World2one retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that World2one will not be liable for any errors or omissions in any content. You understand that World2one cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Wordl2one, cannot prevent individuals with whom you have shared your iCARD or iPAGEs from forwarding such information to other individuals not known by you or consented to by you. Additionally, we cannot guarantee the authenticity of any data, which users may provide about themselves or relationships they may describe.
11. Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the World2one website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
12. World2one Communications
In the course of providing you services, World2one may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails, which are specific to your account and necessary for the normal functioning of the Service, including a series of up to five welcome emails, which help inform new users about various features of the Service. You also agree to have your name and/or email address listed in the header of certain communications, which you initiate through the Service.
13. Monitoring and Enforcement
While we have the right to monitor activity and Content associated with the Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor Content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to Content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of Content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the website.
14. Fees
Signing up for a basic account is free. Certain other services are provided for free only to beta users. World2one reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.
15. Indemnity
You agree to indemnify and hold World2one, 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 to or transmit 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.
16. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
17. General Practices Regarding Use and Storage
You acknowledge that World2one may establish general practices and limits concerning use of the Service. These limits may include, but are not limited to the maximum disk space that will be allotted on World2one's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that World2one has no responsibility or liability for the deletion or failure to store any Content maintained by the Service. You acknowledge that World2one reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that World2one reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
18. Modifications to Service
World2one 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 World2one shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
19. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because World2one has no control over such sites and resources, you acknowledge and agree that World2one 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 World2one 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.
20. World2One’s 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 World2one 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.
World2one grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; 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 World2one for use in accessing the Service.
21. 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. WORLD2ONE 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.
· WORLD2ONE 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 WORLD2ONE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
22. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORLD2ONE SHALL NOT BE LIABLE 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 WORLD2ONE 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.
23. 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.
24. Notice
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
25. General Information
The TOS constitute the entire agreement between you and World2one and govern your use of the Service, superseding any prior agreements between you and World2one. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and World2one shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and World2one agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Gwinnett, Georgia. The failure of World2one 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. 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.
The section titles in the TOS are for convenience only and have no legal or contractual effect.