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(Last Updated on February 2, 2008)
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WORLDWIDE CHARTERS INC. WEBSITE.
Introduction
Welcome to the Internet site of Worldwide Charters International Inc. ("WWC"). These Terms and Conditions apply to this WWC Website. By using this WWC Site, or any of the products or services (collectively the "Services") available on this WWC Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular WWC Site or Service, all as may be modified by WWC from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use this WWC Site or any of the Services on this WWC Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of this WWC Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Privacy
For information on how user information is collected, used and disclosed by WWC in connection with your use of this WWC Site and any of the Services, please consult our Privacy Policy.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THIS WWC SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WWC MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WWC SPECIFICALLY MAKES NO WARRANTIES THAT THIS WWC SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THIS WWC SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Please be advised that Worldwide Charter is an aircraft charter broker and/or agent for its customers.
Worldwide Charter is in no way, representing to be a direct air carrier or a licensed air carrier of any type.
Restrictions on Use of Materials
All material, information and content (collectively "Content") available on a this WWC Site, including the manner in which such Content is presented, and the Services are: Copyright 2008 WWC.com, its registrars, affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. WWC grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through this WWC Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Trademarks
All product, brand and company names and logos used or mentioned on this WWC Site or any of the Services may be the trademarks or registered trademarks of their respective owners.
User Conduct
In consideration of the availability, and your use, of this WWC Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using this WWC Site or Service. You acknowledge that WWC may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use this WWC Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying this WWC Site, any of the Services, or the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
Responsibility for Minors
In cases where you have authorized a minor to use this WWC Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of this WWC Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of this WWC Site may contain material that is inappropriate for minors.
Content Submission
By uploading materials to any chat board or forum available on this WWC Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on this WWC Site, you automatically grant (or warrant that the owner of such materials expressly grants) WWC a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. WWC cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that WWC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
Modifications
WWC reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on this WWC Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this WWC Site and any of the Services immediately. Your continued use of this WWC Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, WWC reserves the right to change, modify, suspend or discontinue any aspect of this WWC Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Content Linked to this WWC Site
Please exercise discretion while browsing the Internet. Please note that certain links on this WWC Site may take you to other websites. WWC provides these links only as a convenience and not as an endorsement by WWC. These linked sites are not necessarily under the control of WWC. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. WWC is not responsible for the content of any such linked sites or any other web page which is not part of this WWC Site and under WWC's control. Unless otherwise expressly provided, WWC makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that WWC will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from this WWC Site.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, this WWC Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. WWC assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that WWC shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Indemnification
You agree to defend, indemnify and hold harmless each of WWC, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on this WWC Site, from and against any and all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of this WWC Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from this WWC Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WWC, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WWC HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THIS WWC SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THIS WWC SITE OR ANY OF THE SERVICES.
You expressly acknowledge that WWC has entered into this agreement, and has and will make this WWC Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and WWC. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Submission of Ideas and/or Suggestions
WWC is always improving its website and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO WWC BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO WWC, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO WWC THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT WWC IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WWC, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between WWC and you pertaining to your use of this WWC Site, Services and Content and supercede any prior agreements between you and WWC with respect to the subject matter hereof. WWC's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
Copyright 2008 Worldwide Charters International Inc.
All Rights Reserved. |
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