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 WAJI, licensee of Sarkes Tarzian, Inc. ("WAJI.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 WAJI.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 WAJI.com or the copyright holder identified in the individual Content's copyright notice.
(2) WAJI.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) WAJI.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) WAJI.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. WAJI.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 WAJI.com and its parent Company, Sarkes Tarzian, Inc. ("Parent Company") of any third party resources, or their contents. WAJI.com disclaims any and all responsibility for content contained in any third party materials provided through links from the Internet site.
(8) WAJI.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. WAJI.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
(9) WAJI.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 WAJI.com is not responsible for any such materials posted by users. However, WAJI.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 WAJI.com's sole discretion are objectionable or in violation of this Agreement. WAJI.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, WAJI.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, WAJI.com and its Parent Company disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. WAJI.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. WAJI.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 WAJI.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 WAJI.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 WAJI.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 WAJI.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 WAJI.com, no confidential, fiduciary, contractually implied or other relationship is created between you and WAJI.com other than pursuant to this Agreement.
(13) In addition, WAJI.com may allow you to purchase many different types of products and services online that are provided by third parties. WAJI.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 WAJI.com or linked to by WAJI.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 WAJI.com. These merchants may have separate privacy and data collection practices. WAJI.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 WAJI.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 WAJI.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 WAJI.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. WAJI.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.
ADDENDUM TO WAJI.COM WEB SITE AGREEMENT
Containing Additional Terms for Sites Involving Online Commerce, Links to
Third Party Entities, Contests and Games and Postings (“the Addendum”)
You must be at least 18 years of age to click “I accept” or to use Member Sites. WAJI.com relies on users to be truthful in giving age information or participating in sites that are age-related.
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 WAJI.com
WAJI.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 WAJI.com on a daily basis).
WAJI.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, 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, WAJI.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 Information Collected by WAJI.com
WAJI.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.
WAJI.com shares aggregated information with third parties for both advertising and promotional purposes.
WAJI.com may also share personal information with prescreened third parties for marketing or promotional purposes. WAJI.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 WAJI.com plans to post any such information on the Site, WAJI.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.waji.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.waji.com/registration/index.html, unchecking the relevant box or boxes, and then clicking “submit”.
Children and Privacy
WAJI.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, WAJI.com will ask whether users are under the age of 18, for example, when requesting personal information from users. When WAJI.com requests this information or permission, WAJI.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. WAJI.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.
WAJI.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 WAJI.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 WAJI.com contains links to third party sites and that those sites may not follow the same privacy policies as WAJI.com. For instance, if you click on an advertisement on WAJI.com, this may take you away from WAJI.com and to an entirely different site. This can include links from advertisers, content providers and partners who may use WAJI.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 WAJI.com would not.