|
Worldba.com Terms of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY.
This Terms of Use Agreement (the "Agreement")
describes the terms and conditions applicable to
your use of the Worldba web site which is
identified by www.Worldba.com (the"Site").
This Agreement is entered into between you as
the user of the Site (the"
User")
and World Business Alliance Limited ("Worldba").
Acceptance of Terms and Conditions
For purposes of this Agreement, a "User"
is any person who accesses the Site for whatever
purpose, regardless of whether said User has
registered with Worldba as a registered User or
whether said User is a paying customer for a
specific service provided by Worldba.com. A User
includes the person using this Site and any
legal entity which may be represented by such
person under actual or apparent authority.
By accessing or using the Site, you hereby agree
to accept the terms and conditions set forth in
this Agreement as a User. You shall be bound by
the terms and conditions of this Agreement with
respect to your access or use of this Site and
any further upgrade, modification, addition or
change to this Site. If you do not accept all of
the terms and conditions of this Agreement,
please do not use this Site.
Worldba.com may amend this Agreement at any time
by posting the amended and restated Agreement on
the Site. The amended and restated Agreement
shall be effective immediately upon posting.
This Agreement was last amended on 23rd
April 2007. Posting by Worldba.com of the
amended and restated Agreement and your
continued use of the Site shall be deemed to be
acceptance of the amended terms. This Agreement
may not otherwise be modified, except in writing
by an authorized officer of Worldba.com.
Premium Services
Access to the Site and certain of its features
are provided to all Users free of charge.
However, Worldba.com reserves the right, without
prior notice, to restrict access to certain
areas or features of the Site ("Premium
Services") to paying Users or Users who undergo
a specific registration process.
Worldba reserves the right to deny Premium
Services to any User for whatever reason in
order to protect the interests of Worldba.com.
Users Generally
Users may use this Site solely for their own
personal or internal purposes. Each User agrees
that it shall not copy, reproduce or download
any information, text, images, video clips,
directories, files, databases or listings
available on or through the Site (the "Worldba
Content") for the purpose of re-selling or
re-distributing the Worldba.com Content, mass
mailing (via emails, wireless text messages,
physical mail or otherwise), operating a
business that competes with Worldba.com, or
otherwise commercially exploiting the
Worldba.com Content. Systematic retrieval of
Worldba.com Content from this Site to create or
compile, directly or indirectly, a collection,
compilation, database or directory (whether
through robots, spiders, automatic devices or
manual processes) without written permission
from Worldba.com is prohibited. In addition, use
of the content or materials for any purpose not
expressly permitted in this Agreement is
prohibited.
Some of the Worldba.com Content displayed on
this Site is provided or posted by third parties
("Third Party Content"). Worldba.com is not the
author of third-party content, whether
contributed by anonymous users or paid content
providers. Neither Worldba.com nor any of our
affiliates, directors, officers or employees has
entered into any sales agency relationship with
such third party by virtue of our display of the
Third Party Content on the Site. Any Third Party
Content is the sole responsibility of the party
who provided the content. Worldba.com is not
responsible for the accuracy, propriety,
lawfulness or truthfulness of any Third Party
Content, and shall not be liable to any User in
connection with such User's reliance of such
Third Party Content. In addition, Worldba is not
responsible for the conduct of any User's
activities on the Site, and shall not be liable
to any person in connection with any damage
suffered by any person as a result of such
User's conduct.
Worldba.com may allow Users access to content,
products or services offered by third parties
through hyperlinks (in the form of word link,
banners, channels or otherwise) to such Third
Party's web site. You are cautioned to read such
sites' terms and conditions and/or privacy
policies before using such sites in order to be
aware of the terms and conditions of your use of
such sites. User acknowledges that Worldba.com
has no control over such third party's web site,
does not monitor such sites, and Worldba.com
shall not be responsible or liable to anyone for
such web site, or any content, products or
services made available on such a website.
Messages or information sent by a User through
communication systems provided by the Site, or
through emails, fax or letters to addressees
obtained from the Site, shall not contain any of
the materials described in the provisions of
Section 5.5 below.
Worldba.com reserves the right to limit, deny or
create different access to the Site and its
features with respect to different Users, or to
change any of the features or introduce new
features without prior notice. Each User
acknowledges that inability to use the Site
wholly or partially for whatever reason may have
adverse effects on its business. Each User
hereby agrees that in no event shall Worldba.com
be liable to the User or any third parties for
any inability to use the Site (whether due to
disruption, limited access, changes to or
termination of any features on the Site or
otherwise), any delays, errors or omissions with
respect to any communications or transmission,
or any damage (direct, indirect, consequential
or otherwise) arising from the use of or
inability to use the Site or any of its
features.
No User shall undertake any scheme to undermine
the integrity of the computer systems or
networks used by Worldba.com and/or any other
User and no User shall attempt to gain
unauthorized access to such computer systems or
networks.
We urge that you read Worldba.com's Privacy
Policy which governs the protection and use of
each User's information in Worldba.com's
possession. Each User hereby accepts the Privacy
Policy and any updates and amendments thereto.
Each User acknowledges that Worldba.com may
change the Privacy Policy from time to time
provided that Worldba.com shall make available
the updated version of the Privacy Policy on the
Site at all times. Your continuation of use of
the Site shall be deemed to be your acceptance
of the Privacy Policy which is then displayed on
the Site at the time of such use.
As a condition of your access to and use of
Worldba.com, you agree that you will not use the
Worldba.com service to infringe the intellectual
property rights of others in any way.
Worldba.com will in appropriate circumstances
terminate the accounts of members or users who
are repeat infringers of the copyrights, or
other intellectual property rights, of others.
In addition, Worldba.com reserves the right to
terminate the account of a user upon any single
infringement of the rights of others in
conjunction with use of the Worldba.com service,
or if Worldba believes that user conduct is
harmful to the interests of Worldba.com, its
affiliates, or other users, or for any other
reason in Worldba.com's sole discretion, with or
without cause.
Registered Users
Each User who has filled out an on-line
registration form on the Site by giving its
information (such as name, address, telephone
and fax number, email address, details of its
business, etc.) is a registered user of
Worldba.com (a "Registered User"). Worldba.com
will establish an account ("Account") for each
Registered User and each Registered User will be
assigned a user alias ("User ID") and password
("Password") for log-in access to its own
Account.
Worldba.com may assign a web-based email account
with limited storage space for the User to send
or receive email (the "Email Account"). The User
shall be responsible for all users and the
content of all the messages communicated through
the Email Account, as well as the consequences
of any such message.
If the Registered User is a business entity, you
represent that (a) you have the authority to
bind the entity to this Agreement; (b) the
address you use when registering is the
principal place of business of such business
entity; and (c) all other information submitted
to Worldba.com during the registration process
is true, accurate, current and complete. For
purposes of this provision, a branch or
representative office will not be considered a
separate entity and its principal place of
business will be deemed to be that of its head
office.
By becoming a Registered User, you consent to
the inclusion of your personal data in our
Global Buyer Database and authorize Worldba.com
to share such information with other Users.
Worldba.com may suspend or terminate a
Registered User's Account or Email Account at
any time by giving no less than 24-hour notice
to the Registered User; provided, however, that
notice is not required for such termination if
(a) in Worldba.com's determination, there is any
breach of the provisions of this Agreement by
the Registered User; or (b) Worldba.com has
reasonable grounds to suspect that such
information provided by a Registered User is
untrue, inaccurate or is not current or
complete, or (c) Worldba believes that the
Registered User's actions may cause financial
loss or legal liability to such Registered User,
Worldba.com's other Users, or Worldba.com or its
affiliates.
The Registered User shall not use the Email
Account for junk mail, chain letters or spamming
or the transmission of any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of
any kind or nature. Further, the Registered User
shall not use the Email Account to publish,
distribute, transmit or circulate any
unsolicited advertising or promotional
information or any content that is obscene,
indecent, seditious, offensive, defamatory,
threatening, or which incites or results in
causing racial hatred, discrimination, menace or
breach of confidence.
A Registered User may not sell, attempt to sell,
offer to sell, give, assign or otherwise
transfer an Account, User ID or Password to a
third party without the prior written consent of
Worldba.com. Worldba.com may suspend or
terminate the Account of a Registered User or
the transferee of a Registered User in the event
of a sale, offer to sell, gift, assignment or
transfer in violation of this Section.
Worldba.com may refuse registration and deny the
issuance of an Account and/or Email Account and
associated User ID and Password to any User for
whatever reason.
Users Who Post Information on Worldba.com
You must be a Registered User in order to post
information on the Site using the submit and
edit tools provided through the Site. Your
status as a Registered User is governed by the
provisions of Section 4 above.
Each User hereby represents, warrants and agrees
to (a) provide Worldba.com with true, accurate,
current and complete information to be displayed
on the Site and (b) maintain and promptly amend
all information to keep it true, accurate,
current and complete. Each User hereby grants an
irrevocable, perpetual, worldwide and
royalty-free, sub licensable (through multiple
tiers) license to Worldba.com to display and use
all information provided by such User in
accordance with the purposes set forth in this
Agreement and to exercise the copyright,
publicity, and database rights you have in such
material or information, in any media now known
or not currently known.
Each User hereby represents, warrants and agrees
that information submitted to Worldba.com for
display on the Site shall not:
a.
contain fraudulent information or make
fraudulent offers of items or involve the sale
or attempted sale of counterfeit or stolen items
or items whose sales and/or marketing is
prohibited by applicable law, or otherwise
promote other illegal activities;
b.
be part of a scheme to defraud other Users of
the Site or for any other unlawful purpose;
c.
relate to sale of products or services that
infringe or otherwise abet or encourage the
infringement or violation of any third party's
copyright, patent, trademarks, trade secret or
other proprietary right or rights of publicity
or privacy, or any other Third Party Rights;
d.
violate any applicable law, statute, ordinance
or regulation (including without limitation
those governing export control, consumer
protection, unfair competition,
anti-discrimination or false advertising);
e.
be defamatory, libelous, unlawfully threatening
or unlawfully harassing;
f.
be obscene or contain or infer any pornography
or sex-related merchandising or any other
content or otherwise promotes sexually explicit
materials or is otherwise harmful to minors;
g.
promote discrimination based on race, sex,
religion, nationality, disability, sexual
orientation or age;
h.
contain any material that constitutes
unauthorized advertising or harassment
(including but not limited to spamming), invades
anyone's privacy or encourages conduct that
would constitute a criminal offence, give rise
to civil liability, or otherwise violate any law
or regulation;
i.
solicit business from any Users in connection
with a commercial activity that competes with
Worldba;
j.
contain any computer viruses or other
destructive devices and codes that have the
effect of damaging, interfering with,
intercepting or expropriating any software or
hardware system, data or personal information;
k.
link directly or indirectly to or include
descriptions of goods or services that are
prohibited under this Agreement; or
l.
otherwise create any liability for Worldba.com
or its affiliates.
m.
Worldba reserves the right in its sole
discretion to remove any material displayed on
the Site which it reasonably believes is
unlawful, could subject Worldba.com to
liability, violates this Agreement or is
otherwise found inappropriate in Worldba.com's
opinion. Worldba.com reserves the right to
cooperate fully with governmental authorities,
private investigators and/or injured third
parties in the investigation of any suspected
criminal or civil wrongdoing. Furthermore,
Worldba.com may disclose the User's identity and
contact information, if requested by a
government or law enforcement body, an injured
third party, or as a result of a subpoena or
other legal action, and Worldba.com shall not be
liable for damages or results thereof and User
agrees not to bring any action or claim against
Worldba.com for such disclosure. In connection
with any of the foregoing, Worldba.com may
suspend or terminate the Account of any User as
Worldba.com deems appropriate in its sole
discretion. User agrees that Worldba.com shall
have no liability to User, including no
liability for consequential or any other
damages, in the event Worldba.com takes any of
the actions mentioned in this Section, and that
User agrees to bear the risk that Worldba.com
may take such actions.
Limitation of Liability
Any material downloaded or otherwise obtained
through the Site is done at each User's sole
discretion and risk and each User is solely
responsible for any damage to its computer
system or loss of data that may result from the
download of any such material. No advice or
information, whether oral or written, obtained
by any User from Worldba.com or through or from
the Site shall create any warranty not expressly
stated herein.
Under no circumstances shall Worldba.com be held
liable for an delay or failure of the content or
services delivered through the Site resulting
directly or indirectly from acts of nature,
forces or causes beyond its reasonable control,
including without limitation, Internet failures,
computer, telecommunications or any other
equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or
materials, fires, flood, storms, explosions,
Acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals or
non-performance of third parties.
Each User hereby agrees to indemnify and save
Worldba.com, its affiliates, directors, officers
and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a
full indemnity basis) which may arise from such
User's use of the Site (including but not
limited to the display of such User's
information on the Site) or from its breach of
any of the terms and conditions of this
Agreement. Each User hereby further agrees to
indemnify and save Worldba.com, its affiliates,
directors, officers and employees harmless, from
any and all losses, claims, liabilities
(including legal costs on a full indemnity
basis) which may arise from User's breach of any
representations and warranties made by User to
Worldba.com, including but not limited to those
set forth in this agreement above. Each User
hereby further agrees to indemnify and save
Worldba.com, its affiliates, directors, officers
and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a
full indemnity basis) which may arise, directly
or indirectly, as a result of any claims
asserted by Third Party Rights claimants or
other third parties relating to products offered
or displayed on the Site. Each User hereby
further agrees that Worldba.com is not
responsible and shall have no liability to it,
for any material posted by others, including
defamatory, offensive or illicit material and
that the risk of damages from such material
rests entirely with each User. Worldba.com
reserves the right, at its own expense, to
assume the exclusive defence and control of any
matter otherwise subject to indemnification by
you, in which event you shall cooperate with
Worldba.com in asserting any available defences.
Worldba.com shall not be liable for any special,
direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever
(including but not limited to damages for loss
of profits or savings, business interruption,
loss of information), whether in contract,
negligence, tort, strict liability or otherwise
or any other damages resulting from any of the
following:
A.
the use or the inability to use the Site;
B.
any defect in data, information or services
purchased or obtained from a User or a
third-party service provider through the Site;
C.
violation of Third Party Rights or claims or
demands that Users' manufacture, importation,
distribution, offer, display, purchase, sale
and/or use of products or services offered or
displayed on the Site may violate or may be
asserted to violate Third Party Rights; or
claims by any party that they are entitled to
defence or indemnification in relation to
assertions of rights, demands or claims by Third
Party Rights claimants;
D.
unauthorized access by third parties to data or
private information of any User;
E.
statements or conduct of any User of the Site;
or
F.
any matters relating to Premium Services however
arising, including negligence.
Notices
All notices or demands to or upon Worldba.com
shall be effective if in writing and shall be
duly made when sent to Worldba in the following
manner: World Business Alliance Limited, 27
hemming way, Watford, Hertfordshire, WD25 0BY,
World Business Alliance Limited Legal Departmen
All notices or demands to or upon a User shall
be effective if either delivered personally,
sent by courier, certified mail, or email to the
last-known correspondence, fax or email address
provided by the User to Worldba.com, or by
posting such notice or demand on an area of the
Site that is publicly accessible without a
charge. Notice to a User shall be deemed to be
received by such User if and when
1.
Worldba.com is able to demonstrate that
communication, whether in physical or electronic
form, has been sent to such User, or
2.
immediately upon Worldba.com's posting such
notice on an area of the Site that is publicly
accessible without charge.
General
If any provision herein is held to be invalid or
unenforceable, such provision shall be struck
and the remaining provisions shall be enforced.
Headings are for reference purposes only and in
no way define, limit, construe or describe the
scope or extent of such section.
Worldba.com's failure to enforce any right or
failure to act with respect to any breach by a
User under these terms and conditions will not
waive that right nor waives Worldba's right to
act with respect with subsequent or similar
breaches.
Worldba.com shall have the right to assign its
obligations and duties in this Agreement and in
any agreement relating to Premium Services to
any person or entity.
Worldba.com will at any time request any user to
help in its efforts to accomplish anything it
believes is required for its own success. The
user will be selected by worldba.com, the user
is not bound in these conditions to accept the
request at anytime however if they do, its on
their own free will. We may or may not give them
a title to use within the worldba.com site, one
of the titles we may give a user is Executive
Vice President or president, these titles are in
no way connected to the company (World Business
Alliance Limited). However a user who carries
one of these titles will be awarded a commission
on receiving a successful advertising banner.
Details of what they will receive will be
discussed on appointment with the user.
|
