Updated July 1, 2006
WordWideNest.com Terms of Use Agreement
Different terms apply to different parties,
so this Terms of Use Agreement (the “Agreement”)
identifies the various parties as follows: “Members”
are individuals who register with WorldWideNest.com
and may have a Personal Nest or are part of
a Family Nest; “Visitors” are those
who come upon the site and browse the content
on the site; and a “User” may be
a Member or a Visitor. This Terms of Use Agreement
is a legally binding contract between World
Wide Nest LLC (WorldWideNest.com), Members and
Visitors. WorldWideNest.com is a family-oriented
networking service that allows Members to create
personal profiles online in order to find and
communicate, gain information and share content
with immediate family members, extended family
members and friends. The Services offered by
WorldWideNest.com ("WorldWideNest.com"
or "we") include the WorldWideNest.com
Website (the "Website") content (text,
pictures, and video), and other various functionality
that may contain, but is not limited to the
following: bulletin boards, web logs and any
other features, content, or applications offered
from time to time by WorldWideNest.com in connection
with the Website, but not those services of
others who may advertise on the Website (collectively,
the "Services").
You are only authorized to use the Services
(regardless of whether your access or use is
intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this
Agreement carefully and save it. We suggest
you print out a copy for your records. If you
do not agree with it, you should leave the Website
and discontinue use of the Services immediately.
If you wish to become a Member, communicate
with other Members and make use of the Services,
you must read this Agreement and indicate your
acceptance at the end of this document before
proceeding to the Registration process.
This Agreement includes WorldWideNest.com's
policy for acceptable use of the Services and
Content posted on the Website, your rights,
obligations and restrictions regarding your
use of the Services, and WorldWideNest.com's
Privacy Policy. In order to participate in certain
Services, you may be notified that you are required
to download software or content and/or agree
to additional terms and conditions. Unless otherwise
provided by the additional terms and conditions
applicable to the Services in which you choose
to participate, those additional terms are hereby
incorporated into this Agreement. You may receive
a copy of this Agreement by emailing us at:
info@WorldWideNest.com, Subject: Terms of Use
Agreement.
WorldWideNest.com may modify this Agreement
from time to time. Any modification is effective
upon posting by WorldWideNest.com on the Website.
You agree to be bound to any changes to this
Agreement when you use the Services after any
such modification is posted. IT IS IMPORTANT
THAT YOU REVIEW THIS AGREEMENT REGULARLY TO
ENSURE YOU ARE UPDATED AS TO ANY CHANGES.
Please choose carefully the information you
post on WorldWideNest.com and that you provide
to other Users. ONCE POSTED, USERS SHOULD HAVE
NO EXPECTATION OF PRIVACY WITH RESPECT TO POSTED
INFORMATION; THEREFORE, DO NOT POST HIGHLY SENSITIVE
INFORMATION, INCLUDING, BUT NOT LIMITED TO,
INDIVIDUALLY IDENTIFIABLE INFORMATION REGARDING
YOUR MEDICAL OR MENTAL STATUS, FINANCIAL INFORMATION,
OR ANY NUMBERS THAT ARE LINKED TO YOUR IDENTITY,
FOR EXAMPLE, SOCIAL SECURITY, BANK ACCOUNT OR
CREDIT CARD INFORMATION. Your WorldWideNest.com
profile may not include the following items:
telephone numbers, street addresses, last names,
and any photographs containing nudity, or obscene,
lewd, excessively violent, harassing, sexually
explicit or otherwise objectionable subject
matter. Despite this prohibition, information
provided by other WorldWideNest.com Members
(for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and
WorldWideNest.com assumes no responsibility
or liability for this material. If you become
aware of misuse of the Services by any person,
please contact info@WorldWideNest.com or click
on the link provided at the appropriate WorldWideNest.com
page.
WorldWideNest.com reserves the right, in its
sole discretion, to reject, refuse to post or
remove any posting (including email) by you,
or to restrict, suspend, or terminate your access
to all or any part of the Services at any time,
for any or no reason, act as a witness in any
legal proceedings, report potential wrongdoing
to authorities with or without prior notice,
and without liability.
1. Eligibility. Use of the
Website and your status as a User or Member
is void where prohibited by local or national
laws or the laws of any political subdivision.
By using the Services, you represent and warrant
that (a) all registration information you submit
is truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you are
14 years of age or older; and (d) your use of
the Services does not violate any applicable
law or regulation. Your profile may be deleted
and your Membership may be terminated without
warning, if we believe that you are under 14
years of age or if you violate any of the standards
of WorldWideNest.com.
2. Term. This Agreement shall
remain in full force and effect while you use
the Services or are a Member. You may terminate
your Membership at any time, for any reason,
by following the instructions on the Member's
Account Settings page. WorldWideNest.com may
terminate your Membership at any time, without
warning. Even after Membership is terminated,
this Agreement will remain in effect, including
sections 5-17.
3. Fees. You acknowledge that
WorldWideNest.com reserves the right to charge
for the Services and to change its fees from
time to time in its discretion. If WorldWideNest.com
terminates your Membership because you have
breached the Agreement, you shall not be entitled
to the refund of any unused portion of subscription
fees.
4. Password. When you sign
up to become a Member, you will also be asked
to choose a password. You are entirely responsible
for maintaining the confidentiality of your
password. You agree not to use the account,
username, or password of another Member at any
time or to disclose your password to any third
party. You agree to notify WorldWideNest.com
immediately if you suspect any unauthorized
use of your account or access to your password.
You are solely responsible for any and all use
of your account. We suggest, but you are not
required to use, passwords that are 8 characters
or greater, do not contain words from any dictionary,
contain a mix of alpha and numeric characters
and vary in upper and lower case. These types
of passwords are “strong” and resist
hacking.
5. Non-commercial Use by Members.
The Services are for the personal use of Members
only and may not be used in connection with
any commercial endeavors except those that are
specifically endorsed or approved by WorldWideNest.com.
Illegal and/or unauthorized use of the Services,
including collecting usernames and/or email
addresses of Members by electronic or other
means for the purpose of sending unsolicited
email or unauthorized framing of or linking
to the Website is prohibited. Commercial advertisements,
affiliate links, and other forms of solicitation
may be removed from Member profiles without
notice and may result in termination of Membership
privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of
the Services.
6. Proprietary Rights in Content on
WorldWideNest.com.
6.1. By displaying or publishing ("posting")
any Content, messages, text, files, images,
photos, video, sounds, profiles, works of authorship,
or any other materials (collectively, "Content")
on or through the Services, you hereby grant
to WorldWideNest.com, a non-exclusive, fully-paid
and royalty-free, worldwide license (with the
right to sublicense through unlimited levels
of sublicensees) to use, copy, modify, adapt,
translate, publicly perform, publicly display,
store, reproduce, transmit, and distribute such
Content on and through the Services. This license
will terminate at the time you remove such Content
from the Services. You represent and warrant
that: (i) you own the Content posted by you
on or through the Services or otherwise have
the right to grant the license set forth in
this section, and (ii) the posting of your Content
on or through the Services does not violate
the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and
any other monies owing any person by reason
of any Content posted by you to or through the
Services.
6.2. The Services contain Content of WorldWideNest.com
("WorldWideNest.com Content"). WorldWideNest.com
Content is protected by copyright, trademark
(including all associated goodwill), patent,
trade secret and other laws, and WorldWideNest.com
owns and retains all rights in the WorldWideNest.com
Content and the Services. WorldWideNest.com
hereby grants you a limited, revocable, non-sublicensable,
non-commercial license to reproduce and display
the WorldWideNest.com Content (excluding any
software code) solely for your personal use
in connection with viewing the Website and using
the Services.
6.3. The Services contain Content of Users and
other WorldWideNest.com licensors. Except for
Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing
on or through the Services.
7. Content Posted.
7.1. WorldWideNest.com may delete any Content
that in the sole judgment of WorldWideNest.com
violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten
the safety of any person. This Content may contain,
in the sole discretion of WorldWideNest.com,
telephone numbers, street addresses, last names,
and any photographs containing nudity, or obscene,
lewd, excessively violent, harassing, defamatory,
private, public complaint-generating, sexually
explicit or otherwise objectionable subject
matter. WorldWideNest.com assumes no responsibility
for monitoring the Services for inappropriate
Content or conduct. If at any time WorldWideNest.com
chooses, in its sole discretion, to monitor
the Services, WorldWideNest.com nonetheless
assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate
Content, and no responsibility for the conduct
of the User submitting any such Content. WorldWideNest.com
reserves the right to prosecute any illegal
activity and has no confidentiality obligation
to this and other Content provided by Members
on the site.
7.2. You are solely responsible for the Content
that you post on or through any of the Services,
and any material or information that you transmit
to other Members and for your interactions with
other Users. WorldWideNest.com does not endorse
and has no control over the Content. Content
is not necessarily reviewed by WorldWideNest.com
prior to posting and does not necessarily reflect
the opinions or policies of WorldWideNest.com.
WorldWideNest.com makes no warranties, express
or implied, as to the Content or to the accuracy
and reliability of the Content or any material
or information that you transmit to other Members.
8. Content/Activity Prohibited.
WorldWideNest.com reserves the right to investigate
and take appropriate legal action against anyone
who, in WorldWideNest.com's sole discretion,
violates this provision, including without limitation,
removing the offending communication from the
Services and terminating the Membership of such
violators. Prohibited Content includes, but
is not limited to Content that, in the sole
discretion of WorldWideNest.com:
8.1. solicits personal information from anyone
under 18;
8.2. promotes, wrong-doing, defamation, libel,
abuse, threats, obscenity, information theft,
intellectual property theft or misuse, or physical
harm of any kind against any entity, group or
individual;
8.3. contains nudity, sexually suggestive subject
matter, violence, or offensive subject matter;
8.4. provides any telephone numbers, street
addresses, last names, private URLs or email
addresses;
8.5. involves the transmission of "junk
mail," “Trojans,” “phishing,”
“spoofing,” viruses, "chain
letters," macros, disabling technologies,
hacker-based technologies, or unsolicited mass
mailing, instant messaging, "spimming,"
or "spamming";
8.6. contains restricted or password only access
pages or hidden pages or images (those not linked
to or from another accessible page);
8.7. furthers or promotes any subversion, terrorism,
criminal activity or enterprise, or provides
instructional information about illegal activities
including, but not limited to, bomb-making,
making or buying illegal weapons, violating
someone's privacy, or providing or creating
computer viruses;
8.8. solicits passwords or personal identifying
information for commercial or unlawful purposes
from other Users;
8.9. operates a business, trading on WorldWideNest.com,
which involves commercial activities and/or
sales without our prior written consent such
as
contests, sweepstakes, barter, advertising,
multi-level marketing or pyramid schemes; or
8.10 includes a photograph of another person
that you have posted without that person's written
consent.
9. WorldWideNest.com reserves the right to investigate
and take appropriate legal action against anyone
who, in WorldWideNest.com's sole discretion,
violates this provision, including without limitation,
reporting you to law enforcement authorities
and cooperating with law enforcement or civil
litigants. Illegal or prohibited activity on
the Website, may include, but is not limited
to your use of the Services that involves the
following activities:
9.1. criminal or tortious activity, including
child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
9.2. advertising to, or solicitation of, any
Member or User to buy or sell any products or
services through the Services. You may not transmit
any chain letters or junk email to other Members.
It is also a violation of these rules to use
any information obtained from the Services in
order to contact, advertise to, solicit, or
sell to any Member without their prior explicit
consent. WorldWideNest.com reserves the right
to restrict the number of emails which a Member
may send to other Members in any 24-hour period
to a number which WorldWideNest.com deems appropriate
in its sole discretion. If you breach this Agreement
you acknowledge that you will have caused substantial
harm to WorldWideNest.com, but that the amount
of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such
harm, you agree to pay WorldWideNest.com $75
for each such unsolicited email or other unsolicited
communication you send through the Services;
9.3. blocking, covering or obscuring the banner,
button or other advertisements on your personal
profile page, or any WorldWideNest.com page
via XML, HTML/CSS or any other means;
9.4. any automated use of the system, such as
using macros, scripts to add to your Nest, robots,
or electronic agents;
9.5. interfering with, disrupting, orchestrating
the creation of, colluding in the creation of
or creating an undue burden on the Services
or the networks or services connected to the
Services;
9.6. attempting to impersonate another Member
or person;
9.7. using the account, username, or password
of another Member at any time or disclosing
your password to any third party or permitting
any third party to access your account;
9.8. selling or otherwise transferring your
profile, or components thereof;
9.9. using any information obtained from the
Services in order to harass, abuse, or harm
another person; or
9.10. using the Services in a manner inconsistent
with any and all applicable laws and regulations.
Copyright / Patent Policy.
You may not post, modify, distribute, or reproduce
in any way any copyrighted material, trademarks,
patents, trade secrets or other proprietary
information belonging to others without obtaining
the prior written consent of the owner of such
proprietary rights. It is the policy of WorldWideNest.com
to terminate Membership privileges of any Member
who infringes the copyright rights of others
upon receipt of notification to WorldWideNest.com
by the copyright owner or the copyright owner's
legal agent. Without limiting the foregoing,
if you believe that your work was copied or
posted on the Website in a way that constitutes
copyright infringement, please provide our Copyright
Agent with the following information: (i) an
electronic or physical signature of the person
authorized to act on behalf of the owner of
the copyright interest; (ii) a description of
the copyrighted work that you claim has been
infringed; (iii) a description of where the
material that you claim is infringing is located
on the Website; (iv) your address, telephone
number, and email address; (v) a written statement
by you that you have a good faith belief that
the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement
by you, made under penalty of perjury, that
the above information in your notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf. WorldWideNest.com's
Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright
Agent, WorldWideNest.com.
10. Attn: Copyright Agent; and email: info@WorldWideNest.com.
11. Member Disputes. You are
solely legally and financially responsible for
your interactions with other WorldWideNest.com
Members. WorldWideNest.com reserves the right,
but has no obligation, to monitor disputes between
you and other Members.
12. Privacy. Use of the Services
is also governed by our Privacy Policy, which
is incorporated into this Agreement by this
reference.
13. Disclaimers. WorldWideNest.com
is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection
with the Services provided, whether caused by
Users of the Services or by any of the equipment
or programming associated with or utilized in
the Services. Profiles created and posted by
Members on WorldWideNest.com may contain links
to other websites. WorldWideNest.com is not
responsible for the Content, accuracy or opinions
expressed on such websites, and such websites
are in no way investigated, monitored or checked
for accuracy or completeness by WorldWideNest.com.
Inclusion of any linked website on WorldWideNest.com
does not imply approval or endorsement of the
linked website by WorldWideNest.com. When you
access these third-party sites, you do so at
your own risk. WorldWideNest.com takes no responsibility
for third party advertisements which are posted
on this Website or through the Services, nor
does it take any responsibility for the goods
or services provided by its advertisers. WorldWideNest.com
is not responsible for the conduct, whether
online or offline, of any User of the Services.
WorldWideNest.com assumes no responsibility
for any error, omission, interruption, deletion,
defect, delay in operation or transmission,
communications line failure, theft or destruction
or unauthorized access to, or alteration of,
any User or Member communication. WorldWideNest.com
is not responsible for any problems or technical
malfunction of any telephone network or lines,
computer online systems, servers or providers,
computer equipment, software, failure of any
email or players due to technical problems or
traffic congestion on the Internet or on any
of the Services or combination thereof, including
any injury or damage to Users or to any person's
computer related to or resulting from participation
or downloading materials in connection with
the Services. Under no circumstances shall WorldWideNest.com
be responsible for any loss or damage, including
personal injury or death, resulting from use
of the Services, attendance at a WorldWideNest.com
event, from any Content posted on or through
the Services, or from the conduct of any Users
of the Services, whether online or offline.
The Services are provided "AS-IS"
and as available and WorldWideNest.com expressly
disclaims any warranty of fitness for a particular
purpose or non-infringement. WorldWideNest.com
cannot guarantee and does not promise any specific
results from use of the Services.
14.
Limitation on Liability. IN
NO EVENT SHALL WORLDWIDENEST.COM BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WORLDWIDENEST.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, WORLDWIDENEST.COM'S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO WORLDWIDENEST.COM FOR THE SERVICES DURING
THE TERM OF MEMBERSHIP.
15. U.S. Export Controls. Software
available in connection with the Services (the
"Software") is further subject to
United States export controls. No Software may
be downloaded from the Services or otherwise
exported or re-exported in violation of U.S.
export laws. By downloading or using the Software,
you represent and warrant that such download
or use is not in violation of any such law.
16. Disputes. If there is any
dispute about or involving the Services, you
agree that the dispute shall be governed by
the laws of the State of Oregon without regard
to conflict of law provisions and you agree
to personal jurisdiction by and venue in the
state and federal courts of the State of Oregon,
City of Portland. Either WorldWideNest.com or
you may demand that any dispute between WorldWideNest.com
and you arising out of this Agreement must be
settled by arbitration utilizing the dispute
resolution procedures of the American Arbitration
Association (AAA) in Portland, Oregon. The arbitrator
shall have the ability to amend the Agreement
to comply with State or Federal law.
17. Indemnity. You agree to
indemnify and hold WorldWideNest.com, its subsidiaries,
and affiliates, and their respective officers,
agents, partners and employees, harmless from
any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of your use of the
Services in violation of this Agreement and/or
arising from a breach of this Agreement and/or
any breach of your representations and warranties
set forth above and/or if any Content that you
post on the Website or through the Services
causes WorldWideNest.com to be liable to another.
18. Miscellaneous. This Agreement
is accepted upon your use of the Website or
any of the Services and is further affirmed
by you becoming a Member. This Agreement constitutes
the entire agreement between you and WorldWideNest.com
regarding the use of the Services. The failure
of WorldWideNest.com to exercise or enforce
any right or provision of this Agreement shall
not operate as a waiver of such right or provision.
The section titles in this Agreement are for
convenience only and have no legal or contractual
effect. WorldWideNest.com is a trademark of
World Wide Nest LLC and includes any and all
associated goodwill. This Agreement operates
to the fullest extent permissible by law. If
any provision of this Agreement is unlawful,
void or unenforceable, that provision is deemed
severable from this Agreement and does not affect
the validity and enforceability of any remaining
provisions that will be interpreted to preserve
the parties’ original intent. You agree
and acknowledge that you had the opportunity
to review these terms by legal and financial
counsel and you waive any right you may have
to have this Agreement construed against the
principal draftsperson.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL
OF THE PROVISIONS CONTAINED ABOVE.
I AGREE
