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WEB SITE AGREEMENT
Terms under which service is
provided.
YOU MUST READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. If you do
not agree to these terms and conditions of use, you may not access or
otherwise use this Web Site.
(1) This site (the "Web
Site") is owned and operated by WLDE, licensee of Sarkes Tarzian,
Inc. ("WLDE.com"). The Web Site is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. The contents
of the Web Site are only for your personal, non-commercial use.
All materials contained on the Web Site are protected by copyright, and
are owned or controlled by WLDE.com or the party credited as the
provider of the Content. You must abide by any and all additional
copyright notices, information, or restrictions contained in any Content
on the Web Site. You may download and make one copy of the Content
and other downloadable items displayed on this Web Site for
personal, noncommercial use only, provided that you maintain all
copyright and other notices contained in such Content unmodified and
unobscured in any way. Framing is specifically prohibited.
Copying or storing of any Content for other than personal, noncommercial
use is expressly prohibited without the prior written permission from WLDE.com
or the copyright holder identified in the individual Content's copyright
notice.
(2) WLDE.com may monitor your use of
this Web Site, and may freely use and disclose any information and
materials received from you or collected through your use of the Web
Site for any lawful reason or purpose.
(3) WLDE.com reserves the right, at
its sole discretion, to change, modify, add or remove any portion of
this Agreement, in whole or in part, at any time. Notification of
changes in the Agreement will be posted on the Web Site.
(4) WLDE.com may change, suspend or
discontinue any aspect of the Web Site at any time, including the
availability of any Web Site feature, database, or Content. WLDE.com may
also impose limits on certain features and services or restrict your
access to parts or all of the Web Site without notice or liability.
(5) You may not: a) use any robot,
spider or other automatic or manual device or process for the purpose of
compiling information on the Web Site for purposes other than use in a
generally available search engine; b) use any device, software or
routine that interferes with the proper functioning of the site or the
transactions conducted on the site; c) take any action that could impose
an unreasonable or disproportionately larger load on the site's servers
or systems; d) will not interfere with any other party's use of the
site.
(6) The Web Site has a communication
facility and users are prohibited from using it or posting material
unless it is proper and related to the particular facilities in
question. You will be subject to liability if you:
. Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
- . Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene material or information, false or misleading
statement of fact, indecent or unlawful topic.
- . Upload files that
contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary
consents.
- . Upload files that
contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
- . Advertise or offer to
sell or buy any goods or services for any business purpose unless
the Web Site service specifically allows such messages.
- . Conduct or forward
surveys, contests, pyramid schemes or chain letters.
. Download any file
posted by another user that you know, or reasonably should know,
cannot be legally distributed in such manner.
- . Falsify or delete any
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- . Restrict or inhibit any other
user from using and enjoying the Web Site.
. Violate any code of
conduct or other guidelines which are applicable.
. Harvest or otherwise
collect information about others, including e-mail addresses,
without their consent.
- . Violate any applicable
laws or regulations.
(7) The Web Site contains links
and pointers to other related World Wide Web Internet sites,
resources, and sponsors of the Web Site. Links to and from the
Web Site to other third party sites, maintained by third parties are
provided solely as a convenience to users and at user's sole risk
and do not constitute an endorsement by WLDE.com and its parent
Company, Sarkes Tarzian, Inc. ("Parent Company") of any
third party resources, or their contents. WLDE.com disclaims any and
all responsibility for content contained in any third party
materials provided through links from the Internet site.
(8) WLDE.com does not represent
or endorse the accuracy or reliability of any advice, opinion,
statement, or other information displayed or distributed through the
Web Site. This material is provided on an "As Is"
basis. Any such opinion, advice, statement, memorandum or
information shall be at your sole risk. WLDE.com reserves the
right, in its sole discretion, to correct any errors or omissions in
any portion of the Web Site.
(9) WLDE.com does not have any
obligation to monitor communication facilities through which users
post information, use bulletin boards, forums, calendars, message
facilities and the like (hereinafter referred to as "materials
posted to the Web Site") and does not review all materials
posted to the Web Site by users, and WLDE.com is not responsible for
any such materials posted by users. However, WLDE.com reserves
the right at all times to disclose any information as necessary to
satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, that in WLDE.com's sole discretion are objectionable or
in violation of this Agreement. WLDE.com also reserves the
right to terminate access by any user for any reason whatsoever.
(10) DISCLAIMER: The Web
Site, including all content, software, functions, materials and
information made available on or accessed through the Web Site, is
provided "as is." To the fullest extent permissible
by law, WLDE.com and its Parent Company make no representation or
warranties of any kind whatsoever for the content on the Web Site or
the materials, information and functions made accessible by the
software used on or accessed through the Web Site, for any products
or services or hypertext links to third parties or for any breach of
security associated with the transmission of sensitive information
through the Web Site or any linked site. Further, WLDE.com and
its Parent Company disclaim any express or implied warranties,
including, without limitation, non-infringement, merchantability or
fitness for a particular purpose. WLDE.com does not warrant
that the functions contained in the Web Site or any materials or
content contained therein will be uninterrupted or error free, that
defects will be corrected, or that the Web Site or the server that
makes it available is free of viruses or other harmful components.
WLDE.com and its Parent Company shall not be liable for the use of
the Web Site, including, without limitation, the content and any
errors contained therein.
If a user is dissatisfied
with the Web Site or any provisions of this Agreement, its sole and
exclusive remedy is to discontinue using the Web Site. In no
event shall WLDE.com, its Parent Company and/or its suppliers
be liable to any user or third party for any direct, indirect,
punitive, exemplary, incidental, special or consequential damages or
any damages whatsoever, including, without limitation, damages for
loss of use, data or profits arising out of or in any way connected
with the use or performance of the Web Site, the delay or inability
to use the Web Site, the provisions of or failure to provide
services, or for any information, software, products, services and
related graphics obtained through the Web Site or otherwise arising
out of the use of the Web Site, whether based on contract, tort,
strict liability or otherwise, even if WLDE.com or any of its
suppliers has been advised of the possibility of damages.
(11) By posting messages,
uploading files, inputting data or engaging in any other form of
communication (individually or collectively
"Communications") to the Web Site, you are hereby granting
WLDE.com a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such Communications, in
all media now known or hereafter developed. You hereby waive
all rights to any claim against WLDE.com for any alleged or actual
infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection
with such Communications.
(12) Transmissions to and from
this Web Site are not confidential and your Communications may be
read or intercepted by others. By submitting Communications to
WLDE.com, no confidential, fiduciary, contractually implied or other
relationship is created between you and WLDE.com other than pursuant
to this Agreement.
(13) In addition, WLDE.com may
allow you to purchase many different types of products and services
online that are provided by third parties. WLDE.com is not
responsible for the quality, accuracy, timeliness, reliability or
any other aspect of these products and services. If you make a
purchase from a merchant hosted by WLDE.com or linked to by WLDE.com,
the information obtained during your visit to that merchant's online
store, and the information that you give, such as your credit card
number and contact information, is collected by the merchant and not
by WLDE.com. These merchants may have separate privacy and
data collection practices. WLDE.com has no responsibility or
liability for these independent policies. For more information
regarding the merchant, its online store, and its privacy policies,
return to that store's home page and click on its information links
or contact the merchant Web Site directly. You release WLDE.com
and its affiliates from any damages that you incur, and agree not to
assert any claims against them, arising from your purchase or use of
any products or services made available by third parties through
WLDE.com.
(14) This Agreement shall be
governed by and construed in accordance with the laws of the State
of Indiana, without regard to conflicts of laws provisions.
Sole and exclusive jurisdiction for any action or proceeding arising
out of or related to this Agreement shall be an appropriate state or
Federal court located in the State of Indiana.
(15) This Agreement constitutes
the entire Agreement between WLDE.com and you with respect to your
use of the open features of the Web Site. If you use special
features of the Web Site requiring membership additional provisions
will be added to this Agreement. Before you can access certain
features of the site, you will be required to supply certain
information and you will be supplied an access code. WLDE.com's
policy regarding privacy follows this Agreement and should be read
by you. Any cause of action you may have with respect to your
use of the Web Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a
court of competent jurisdiction finds any provision of the
Agreement, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect.
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6/07/00
ADDENDUM TO WLDE.COM WEB SITE AGREEMENT
AND ONLINE PRIVACY POLICY STATEMENT
Containing Additional Terms for Sites Involving Online
Commerce, Links to
Third
Party Entities, Contests and Games and Postings (“the
Addendum”)
Before
you may access WLDE.com sites involving online commerce, links to
third parties, postings, contests and games (“Member Sites”)
you must acknowledge that you have read this Addendum with the WLDE.com
Privacy Policy and the Web Site User Agreement and accept their
terms by clicking “I Accept” at the end of this Addendum.
If you do not agree to data collection policies and the use
of the data outlined in the Privacy Policy or the terms of use you
may not access Member Sites.
The term “the Site” is used to refer to all WLDE.com
Web Sites – those requiring membership and those not requiring
membership.
You
must be at least 18 years of age to click “I accept” or to use
Member Sites. WLDE.com
relies on users to be truthful in giving age information or
participating in sites that are age-related.
WLDE.com's
Privacy Policy
Your privacy related to your Internet use is important to you and
us. As part of the
operation of the Site, we gather certain types of information
about users and we would like to tell you the types of information
we gather, what we do with it and how you can correct or change
the information about you.
Information
Collected By WLDE.com
WLDE.com
collects two types of personally identifying information from
users; personal data (such as names and e-mail addresses); and
aggregate data (such as how many users log onto WLDE.com on a
daily basis).
Personal
Data
WLDE.com
explicitly asks when it needs information that presumably
identifies you (“Personal Data”).
We will ask for personal data if you register for our
newsletter or other membership services, or when you answer
surveys. We will, for
example, ask you for your name, age and e-mail address if you want
to engage in a commercial transaction online (that is purchase
something from a Member Site) or if you want to enter a contest,
take part in a promotion or post information on the Member Site.
You may not do any of these things on our Member Site
unless you are 18 or older.
Aggregated
Information
Aggregated
information, such as which pages users access or visit and
information volunteered by users, such as survey information
and/or site reservations is collected through various methods.
For example, WLDE.com collects IP addresses.
An IP address is a number that is automatically assigned to
your computer whenever you are surfing the web.
Web servers, the computers that “serve up” web pages,
automatically identify your computer by its IP address.
When you request a page from our Site our server
automatically logs your address.
We do not link IP addresses to any personal data.
We collect IP addresses so that we can provide aggregate
data to advertisers about volume of use.
Use
of Cookies
WLDE.com also
uses “cookies” to collect information.
A cookie is a small data file that most major Web Sites
write to your hard drive for record keeping purposes when you
visit them. Cookies
allow WLDE.com to measure activity on the Site to improve your
user experience, for example, by remembering your passwords and
viewing preferences, thus allowing you to visit various Member
Sites without re-registering.
Cookies are used by WLDE.com to measure activity on the
Site and make improvements and updates based on which areas are
popular and which are not. WLDE.com
does not use cookies to retrieve information from your computer
that was not originally sent in a cookie.
Except for personal information voluntarily provided by you
(i.e., during membership registration or a contest) WLDE.com does
not use information transferred through cookies for any
promotional or marketing purposes, nor is that information shared
with any third parties whatsoever.
You
may occasionally get cookies from our advertisers, which is
standard in the Internet industry.
WLDE.com does not control these cookies, and these cookies
are not subject to WLDE.com's privacy policy.
Most
browsers are initially set to accept cookies.
If you’d prefer, you can set yours to refuse cookies or
to alert you when cookies are being sent.
However, some parts of the Site, such as the member-only
areas and shopping, contest and game areas, probably will not
function properly if you do so.
Use
of Information Collected by WLDE.com
WLDE.com uses
both the personal and aggregated information we collect for
multiple purposes. The
information is used to improve the content of the Site, to
customize the content and/or layout of the Site for each
individual user and to notify users about updates to the Site or
promotional offers or opportunities that we believe will be of
interest to you.
WLDE.com
shares aggregated information with third parties for both
advertising and promotional purposes.
WLDE.com
may also share personal information with prescreened third parties
for marketing or promotional purposes.
WLDE.com will try to provide users with an opportunity to
decline this service when such information is requested from you
online. In addition, in the event WLDE.com plans to post any such
information on the Site, WLDE.com will either notify you of this
possibility when you provide the information and/or, if possible,
when the information is posted.
If
you object to the use of personal information provided by you for
any reason, you may stop that use by modifying your registration
information online. Please
change or delete your registration information by returning to: http://www.wlde.com/registration/index.html,
unchecking the relevant boxes or deleting the relevant data and
then clicking “submit.”
Also,
if you have registered as a member through our online registration
system and have subscribed to one or more of our e-mail
newsletters and do not want to receive such e-mail newsletter(s)
from us in the future, please discontinue your subscriptions by
returning to: http://www.wlde.com/registration/index.html,
unchecking the relevant box or boxes, and then clicking
“submit”.
Children
and Privacy
WLDE.com
encourages parents and guardians to spend time with their children
online, and to be fully familiar with the sites visited by their
children. At various
Member Sites, WLDE.com will ask whether users are under the age of
18, for example, when requesting personal information from users.
When WLDE.com requests this information or permission, WLDE.com
relies on users to be truthful in responding to these questions.
Individuals
Under 18
No information
should be submitted to or posted on the Site by users under the
age of 18 years. WLDE.com
does not provide any personally identifying information,
regardless of its source, to any third party for any purpose
whatsoever unless disclosed during collection.
Users under the age of 18 are generally asked not to
participate in contests or other promotional opportunities.
WLDE.com
requests that children under the age of 18 do not submit or post
information to the Site.
Message
Boards and Chat
Please remember that information posted to message boards and chat
areas becomes public information.
Use caution when posting.
Users under the age of 18 should not use chat rooms or
message boards. As
set forth in WLDE.com's Terms and Conditions of use, users of chat
rooms and message boards must follow acceptable standards of
behavior when posting messages online.
Links
to Other Sites
It is
important to note that WLDE.com contains links to third party sites
and that those sites may not follow the same privacy policies as
WLDE.com.
For instance, if you click on an advertisement on WLDE.com,
this may take you away from WLDE.com and to an entirely different
site. This can include
links from advertisers, content providers and partners who may use WLDE.com's
logo and/or style as a result of a co-branding agreement.
These sites may send their own cookies to you, and may
collect data and make uses of it that WLDE.com would not.
You
must click “I accept’ to signify your agreement to the Web Site
User Agreement, and this Addendum with our Privacy Policy.
WLDE.com
reserves the right to change its Privacy Policy and its Web Site
User Agreement and Addendum at any time by notifying users of the
existence of revised
terms. You can send
e-mail to us with any questions at www.WLDE.com
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