WIP [WORLD IN PALM], INC.
TERMS OF USE

ACCEPTANCE OF TERMS                                                                                     Close Window

Welcome to WIP [World In Palm] Inc., aka WIP, and our Terms of Use policy, the ("Terms").

This policy covers the terms and conditions under which WIP and WIP.com may be accessed and used. If you use WIP or WIP.com and/or create a WIP account, you agree to the Terms as outlined below.

WIP is provided to you subject to these Terms, which may be updated by WIP from time to time without notice.

You can always view the most current Terms at our website http://www.wip.com.

Thanks for using WIP! If you have any questions or other issues, please send us an email at customerservice@wip.com

WIP: THE BUSINESS

WIP is a user-initiated interaction that enables users to create and connect to content in an instant, on the fly, interactive, and personalized way.

WIP is not a sales venue, a retail establishment, or a content provider.

WIP does not control and makes no claims regarding the integrity, quality, service and/or reliability of the products, services and/or informational offers of the website, blog, or personal content created by users and connected to via WIP.

Information, whether, promotions, sales, advertisements, new product offerings, text messages, multimedia messages, audio-video or any and all information relating to the products and/or services or information created and submitted by individual or corporate creators and/or websites through WIP, is the sole responsibility of the initiating website/brand/individual/blogger.

You agree not to hold WIP responsible for the accuracy or integrity of any advertising, promotion, or other information submitted by such content creators via WIP.

You agree that the choice of companies/brands/websites/content is made by you, the user, except for categories of business that are specifically restricted access to WIP (gambling, pornography, etc.) by WIP.

You agree that you (as a content creator) are responsible for the integrity, quality, service, and accuracy of the content that you create for WIP, that all content will conform to the stated policies of WIP, and WIP shall be the sole judge of any matter concerning the appropriateness of content submitted.

FAQS

The FAQs section contains many important policies and procedures. WIP may modify the FAQs at any time without direct notice to you by publishing them on WIP's website. WIP reserves the right, in its sole discretion, to change, modify, add, or remove all or a part of these Terms or the FAQs at any time without notice of you, except as provided in the section titled "Payment Policies." It is your responsibility to check for any changes or updates to the Terms or FAQs, except as noted above and below.

USER BUSINESS DEALINGS

You agree that any correspondence, connections, business dealings, or transactions that may or may not take place between you and any company, individual, content creator or website that you as the user connect to via WIP, including but not limited to payment and delivery of related goods and services associated with your connections, or warranties and/or representations associated with such dealings, are the sole responsibility of you as the user and the companies/websites/content creators you choose to connect with or create content for. You agree that WIP shall not be held responsible or liable for any such dealing or as a result of any message, promotion, new product offering, or other information found, created or accessed through WIP.

LINKS

WIP content may include links to other blogs, websites and/or personal space or content on the World Wide Web. You agree that WIP has no control over and is not responsible for the operation of such content, and does not endorse nor is responsible or liable for the content, advertising, products, services or other materials that may be available on any site that is linked to via WIP.

You also agree that WIP shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of any site/content, or the goods, services, information, or other content available from such sites or content.

CONTENT OWNERSHIP/WIP PROPRIETARY

WIP does not claim any ownership of any message content that you submit to and through WIP. By creating and submitting content through WIP, you grant WIP the right to maintain such content on WIP's servers during the term of these Terms, for the purpose of connecting this message content to WIP user/creators. Such content may include RSS feeds, audio-video files, customized text including links, and various other file formats. You agree to abide by all domestic and international copyright laws in the choice and submission of your WIP messaging content, and that WIP has the right and is the sole determinant as to the appropriateness of all content submission. As such, WIP may terminate your account without recourse to WIP if WIP determines you are submitting content in violation of WIP's stated or unstated policies.

You agree that WIP and any WIP Software ("Software") used in connection with WIP contains proprietary and confidential information that is protected by applicable intellectual property laws, including in certain cases, patents. WIP grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a server controlled or designated by WIP for the sole purpose of using WIP; provided that you do not (and do not allow any third party) to copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Software. You agree not to modify the software of WIP in any form, or to use modified versions of the WIP software, including (without limitation) for the purpose of obtaining unauthorized access to WIP. You understand that any attempt to use, sell, or manipulate WIP's Software in any way hereby prohibited by the Terms could subject you to criminal and/or financial liabilities.

You understand that WIP and the WIP logo is a registered trademark of WIP [World In Palm], Inc., and is protected by domestic and international trademark laws, and you agree not to use or infringe these trademarks in any way, or without the prior authorization of WIP.

COPYRIGHT

All images, design, and conceptual content that pertain to WIP including business model, graphic design, logos, badges, button icons, audio, software, motion graphics, and flash design, is the sole property of WIP and is protected by United States and international copyright laws. The aggregate of all images, design, and conceptual content as it pertains to WIP is the exclusive property of WIP and is protected by international and domestic copyright laws. You agree not to use, tamper, modify, copy, edit, or manipulate in any way, any image, design, conceptual or graphic content that pertains to WIP.

PATENTS

One or more patents pending apply to this site, www.wip.com, WIP badges, business method and to the features and service accessible via the website WIP.com and the WIP applications.

RESALE-DON'T DO IT!

You agree not to reproduce, duplicate, copy, sell, or exploit for any commercial purpose, any portion of WIP.

OWNERSHIP/SECURITY/AUTOMATIC UPDATES

If you choose to establish a WIP account, you will create a username and password to provide you access to your account. You agree to keep your password confidential, and that you are entirely responsible for maintaining the security of your WIP account. You are also fully responsible for all activities that occur with your username and password. You agree to notify WIP immediately of any unauthorized uses of your WIP account or other breaches of security. WIP cannot be held liable for any loss or damage from your failure to comply with these security obligations. WIP may communicate with WIP's servers from time to time to check for available updates to the WIP software, such as bug fixes, patches, enhanced functionalities, missing plug-ins and new versions (collectively, "Updates.") By installing the WIP software, you agree to automatically request and receive Updates.

CONFIDENTIALITY

Both you and WIP agree not to disclose "Confidential Information" about the other without prior written consent except as provided herein. Confidential information includes 1) message content prior to publication 2) submissions or modifications relating to any message content 3) consumer performance rates, choices, or other statistics (except in an aggregate form that includes information which cannot specifically identify you), and 4) any other information designated in writing as "Confidential." Confidential information does not include information that has become publicly known through no breach by a party, or has been 1) independently developed without access to the other party's Confidential Information 2) rightfully received from a third party or 3) required to be disclosed by law or by a governmental authority.

GENERAL PRACTICES

You agree that WIP may set certain general practices and limits regarding the use of WIP, including but not limited to the maximum amount of time information, and or personalized settings may be retained by WIP on a user's desktop or mobile device, and or the type, amount or duration of content created on, by or for WIP. You agree that WIP has no responsibility for the deletion of or failure to store any images or information on a user's desktop or mobile application, and that WIP has full authority to determine what content, consumer brands, sites or other may be contained in WIP's database, created or connected to via WIP. You agree that WIP has the right to log off user accounts at WIP's sole discretion.

"AS/IS"

WIP endeavors to provide you the user with excellent performance at all times, but you understand that WIP is provided "AS-IS," and therefore WIP assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store and recall user content and/or connections and/or promotional materials and/or personalized information associated with the use of WIP.

You the user are solely responsible for obtaining and maintaining access to WIP on your computer, cell-phone and/or through any device or connection mode you choose.

WIP makes no guarantee regarding the levels of success of any message content submitted via WIP.

PRIVACY

You may access our full PRIVACY POLICY on our website at http://www.wip.com. The following is a summary of that POLICY:

We regard the protection of users' privacy as a very important internet and business principle.

We do not collect "personal information" from you, defined as name, address, phone number, or any other personal or financial information that can distinguish you as a specific individual when you use WIP or WIP.com

If you choose to give us your email address or personal information in order to start an account, we will only use it to keep track of your personalized content.

WIP does not and will no sell, rent, or share any kind of personal information with any third party.

We may share non-personal information that is collected and presented in an aggregate and/or non-personal way (so that you as an individual cannot be recognized) with affiliated or non-affiliated companies.

We store and process all information on servers located within the United States that are protected by physical and electronic security devices.

If you have further questions or would like to contact us about our PRIVACY POLICY please send us e-mail at customerservice@wip.com.

CANCELLATION

Both you and WIP may terminate your account, message content and/or the Terms of this agreement at any time for any reason. WIP will notify you via email of any such termination or cancellation, which will be effective immediately. You also may cancel your account or any content and/or terminate these Terms with or without cause at any time. Cancelled program information will be discontinued within 24 hours of notice received. WIP reserves the right to delete any and all information and message content contained in your account upon cancellation. Upon termination you will remain responsible for any amount due prior to cancellation.

PROHIBITED USES

WIP strictly prohibits using WIP or the WIP.com web site 1) to advertise substances, services, products or materials that are illegal in any state or country where the information is displayed 2) in any way that violates any policy posted on WIP's web site or 3) to engage in any other illegal or fraudulent business practice under the laws of any state or country where the Program content is displayed. You may not include content or links to any web site, blog, personal space or other content as part of your Program unless the content found at such site(s) is lawful and subject to these Terms. Violation of these policies may result in immediate termination of your WIP account, and may subject you to state and federal penalties and other legal consequences.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABLITY

You as the user understand and agree that your use of WIP is at your sole risk. As stated above, WIP is provided on an "AS IS" and "AS AVAILABLE" basis. WIP expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. WIP makes no warranties as to the operation of the website WIP.com, the WIP download, WIP mobile applications, or the images, content, messages, and/or or informational offerings that may be included and or offered in connection with WIP.

WIP does not warrant or guarantee that its site, the WIP download, WIP mobile applications, its servers, or e-mail sent from WIP are free of viruses or other software components that might be harmful to the operation of computer or personal connectivity devices. WIP will not be liable for any damages of any kind arising from the use of this site or the WIP download, including but not limited to direct, indirect, incidental, punitive, or consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

INDEMNITY

You agree to indemnify and hold WIP, and its subsidiaries, affiliates, officers, and agents, co-branders, or other partners, employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any use of WIP, any connection made with any website through WIP, and/or any promotional information received from any connected website, or your violation of these Terms.

 

GENERAL INFORMATION

The Terms agreement and the relationship between you and WIP shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WIP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of WIP to enforce or exercise any right or provision of the Terms agreement shall not constitute a waiver of such right or provision. If any provision of the Terms agreement is found to be invalid by a court of competent jurisdiction, the parties nonetheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms 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 WIP or the terms of use agreement must be filed within 1 year after such claim or the cause of action is to be forever barred.

LIMITATIONS OF LIABILITY, FORCE MAJEURE

In no event shall WIP be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Program content creator, Advertiser, Partner, or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WIP'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO WIP BY YOU FOR THE PROGRAM CONTENT GIVING RISE TO THE CLAIM.

Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and/or power failures.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that 1) all of the information provided by you to WIP to create your account and Program content is correct and current 2) you hold all rights to permit WIP to use, reproduce, display, transmit and distribute your message content and 3) WIP's connection with any site(s) linked to, and products or services to which users are directed to, will not, in any state or country where the content is displayed (i) violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or (ii) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any website linked to your Program message content (i) complies with all laws and regulations in any state or country where the content is displayed (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libelous, slanderous or threatening.

NOTICE

Notice under these terms shall be given by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed. If to WIP, such notice shall be directed to legal@wip.com. If to you, such notice will be directed to the contact e-mail address specified when you opened your WIP account.

The relationship(s) between WIP and you is not one of a legal partnership, but is one of independent contractors. These Terms shall be construed as if both parties jointly wrote them.

BY ESTABLISHING AN ACCOUNT WITH WIP, THE PERSON DOING SO REPRESENTS AND WARRANTS THAT (i) HE OR SHE HAS THE POWER AND AUTHORITY TO BIND ENROLLEE; (ii) HE OR SHE AGREES TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION AND TO MAINTAIN THE INFORMATION AS SUCH (iv) HE OR SHE HAS READ, UNDERSTANDS, AND ACCEPTS THIS AGREEMENT.

VIOLATIONS

Please forward any questions or report any violations of the terms of service agreement to customerservice@wip.com.

QUESTIONS/CONTACT

This terms of use agreement was posted on 8/15/2006 and may be updated from time to time at WIP's sole discretion. The Terms of use can be viewed at http://www.wip/com.

If you have questions about these Terms or would like to contact us please send us an email, customerservice@wip.com.

Thanks for using WIP!