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Welcome to Weopia, a multi-user online dating service (hereinafter referred to as "Weopia") owned and operated by Virtucom Inc., a Canadian corporation ("Virtucom"). It includes the software provided to you by Virtucom (collectively, the "Weopia Software") and the online environments that support the service, as well as the server computation, software access, messaging and protocols that simulate the Weopia environment (the "Servers"), the software that is provided by Virtucom and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the Weopia environment (the "Viewer"), application program interfaces provided by Virtucom to you for use with Weopia (the "APIs"), and access to the websites and services available from the domain and subdomains of http://www.weopia.com (the "Website"). The Servers, Viewer, APIs, Website and any other Weopia Software collectively constitute the "Service" as used in this Agreement.
By using the Weopia Website, you agree to be bound by these Terms of Use (this "Agreement") whether or not you register as a user of Weopia ("User"). If you wish to become a User and make use of the Weopia Service, please read these Terms of Use. IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE WEOPIA WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF IT.
Weopia reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website. Your continued use of the Website following posting of a change notice or new agreement on the Website will constitute binding acceptance of the changes. You should visit this Agreement periodically to review the terms and conditions.
1. Acceptance of Terms of Use Agreement.
(a) Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the downloadable software. This Agreement may be modified by Virtucom from time to time, such modifications to be effective upon posting on the Website. This Agreement includes Weopia Privacy Policy, and any notices regarding the Website. By accessing the Website or becoming a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
(b) Electronic Form. By accessing the Website or becoming a User, you consent to have this Agreement provided to you in electronic form.
(c) Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to customercare@Weopia.com or a letter and self-addressed stamped envelope to: Weopia, 200-290 Vaughan Street, Winnipeg, Manitoba, Canada R3B 2N8.
(d) Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must have equipment of sufficient computing power with a game-quality graphics card for the virtual worlds to work properly (please see FAQ for more information). Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility.
You must be at least eighteen (18) years of age to register as a User of Weopia or to use the Website. Use of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Site Usage.
(a) Internet Access. Weopia does not provide Internet access, and you are responsible for all fees and reliability associated with your Internet connection. Weopia shall provide access to use the operations and intellectual property of the Website and the Content (hereinafter defined) for the purposes described in this Agreement.
(b) Non-exclusive, limited, revocable license. Subject to the terms of this Agreement, and on payment of the fees specified, Weopia grants to you a non-exclusive, limited, fully revocable license to use the Weopia Software and the rest of the Service and all content made available on the Website (the "Content") during the time you are in full compliance with the Terms of Use. Additional terms may apply to use of the APIs or other separate elements of the Service (i.e. elements that are not required to use the Viewer or the Servers). These terms are available where such separate elements are available for download from the Website. Nothing in this Agreement, or on the Website, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. By virtue of your use of the Website, you accept the license and agree to use the Website and the Content only as described in this Agreement. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Virtucom employee or contractor and that you do not expect to be, and will not be, compensated for such activities.
(c) Registration. To use certain features of the Website, you may be asked to register with the Website. You agree to (i) provide true, accurate, current and complete information about yourself as prompted by any registration form and (ii) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Weopia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Weopia has the right to suspend or terminate your access to and use of the Website or any portion thereof. Weopia's use of any personally identifying information you provide as part of the registration process is governed by the terms of Weopia Privacy Policy.
(d) To use certain features of the Website, you may also need a Username and Password which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the Password and account. You agree to notify Weopia immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Weopia cannot and will not be liable for any loss or damage arising from Weopia's failure or your failure to protect your Password or account information.
4. Term.
This Agreement will remain in full force and effect while you use the Website and/or are a User. (Applies when Weopia add the new subscription option) You may terminate your subscription at any time, for any reason, by following the instructions in the Settings tab in MyWeopia area or email notice of termination to customercare@Weopia.com. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). You will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period. Weopia may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Weopia. If Weopia terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at the sole discretion of Weopia. Weopia is not required to provide you with notice prior to terminating your membership and/or subscription. Weopia is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Ownership.
(a) You agree that ownership of the Weopia Website and Content on the Website including all copyrights, patent rights, trade-marks, trade secrets or other intellectual property rights in them shall be and remain the property of Virtucom and are protected under Canadian and foreign copyright or other laws. You shall abide by any and all copyright notices, information and restrictions on or contained in any of the content accessed through the Website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF WEOPIA.
(b) For clarification, except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit Content or Weopia Software. in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Content or Weopia Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Content or Weopia Software; and/or (iv) decompile, disassemble, decrypt, extract or reserve engineer the Weopia Software or assist others in doing so.
(c) Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in, including, but not limited to, any intellectual from rights in any Content or Weopia Software, including software that is embedded or integrated into the Website.
(d) Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of third parties. While certain trademarks of third parties may be used by Weopia under license, such use should not be taken to imply any relationship of license between Weopia and the owner of said trademark or to imply that Weopia endorses the wares, services or business of the owner of said trademark.
6. Non-commercial Use by Users.
The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief. Use of the Website is with the permission of Weopia, which may be revoked at any time, for any reason, in Weopia's sole discretion.
7. Account Security.
You are responsible for maintaining the confidentiality of the username and Password that you designate during the Signup process, and you are fully responsible for all activities that occur under your username and Password. You agree to (a) immediately notify Weopia of any unauthorized use of your username or Password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Weopia will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Password or other personal information.
8. Your Interactions with Other Users.
You are solely responsible for your interactions with other Users. Weopia makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. In no event shall Weopia be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered Users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Users of the Service, particularly if you decide to meet offline or in person. You understand that Weopia makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should never provide your financial information (for example, your credit card or bank account information) to other Users.
9. Usage of Content on Weopia.
(a) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Weopia, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Weopia does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Weopia or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
(b) You may not include in your User name any telephone numbers, street addresses, last names, URLs or email addresses.
(c) You may not engage in advertising to, or solicitation of, other Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes.
10. Prohibited Activities.
Weopia reserves the right to investigate and terminate your subscription if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by Weopia without our specific prior written consent.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not "frame" or "mirror" any part of the Service or the Website, without Weopia's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Weopia or the Service or the site in order to direct any person to any other Website for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, alter programming or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Customer Service.
Weopia provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
12. Subscriptions; Charges on Your Billing Account.
(a) General. Weopia bills you through an online account at PayPal (your "Billing Account") for use of the Service. You agree to pay Weopia all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Weopia/PayPal to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Weopia reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Options for using the Service consist of the purchase of a single date ticket, a volume of tickets that can be used by you or given to others, or by a subscription for a term of use followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and/or recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WEOPIA MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY WEOPIA) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WEOPIA REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY WEOPIA IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE WEOPIA ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WEOPIA MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY WEOPIA).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Weopia does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of sales taxes), you have the right to receive, and Weopia shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Weopia may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your Weopia subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Weopia is authorized to charge your Payment Method. Weopia may submit those charges for payment and you will be responsible for such charges. This does not waive Weopia's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
13. Modifications to Service.
Weopia reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Weopia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Blocking of IP Addresses.
In order to protect the integrity of the Service, Weopia reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
16. User Disputes.
You are solely responsible for your interactions with other Weopia Users. Weopia reserves the right, but has no obligation, to monitor disputes between you and other Users.
17. Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy.
18. Disclaimers.
Weopia is not responsible for any incorrect or inaccurate Content communicated by users while using the service. Weopia is not responsible for the conduct, whether online or offline, of any user of the Website or User of the Service. Weopia 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, user or User communications. Weopia 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users and/or Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Weopia or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content communicated while using the service or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Weopia expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Weopia cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or in the service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Weopia makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the service and Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
19. Links.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Weopia has no control over such sites and resources, you acknowledge and agree that Weopia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Weopia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
20. Limited Warranty.
(a) Weopia does not warrant that the Website will be free from defects, viruses, or of other functional deficiencies or harmful components, or that the operation of the Website will be uninterrupted or error free, that any defects or errors in the Website will be corrected, or that communications to or from the Website will be secure and not intercepted. While Weopia will take reasonable measures to ensure the user data is stored safely and backed up, Weopia is not responsible for lost or corrupted data files. BY USING THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
(b) The Website contains links to third-party Websites. Such links are provided solely as a convenience to you and not as an endorsement by Weopia of the contents of such third-party Websites. Weopia is not responsible for the content of any third-party website including, but without limitation, to, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party Website; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
(c) While Weopia encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national or international law or regulation, which may be damaging or detrimental to the activities, operations, credibility or integrity of Weopia or which contains, posts, or transmits any material or information of any kind which promotes racism, bigotry, hatred, or physical harm of any kind against any group, or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Weopia reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. If applicable, you agree to remove any link you may have to the Website upon the request of Weopia.
(d) Since the User's computer equipment and the general reliability and performance of the Internet is outside the control of Weopia, Weopia does not warrant User performance will achieve expected or implied levels.
(e) The information sent or received over the Internet is generally unsecure and Weopia does not make any representation or warranty concerning the security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
21. Limitation of Liability.
(a) Weopia's representations and warranties are only those expressed in this Agreement. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WEOPIA FURNISHES, AND YOU ACCEPT, THE PROPRIETARY INTERESTS "AS IS", WITH NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF CONDUCT OR DEALING INVOLVING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE. WEOPIA MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF WEOPIA ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS OF THIS AGREEMENT. TO THE EXTENT THAT WEOPIA AND THE OTHER PARTIES MENTIONED MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
(b) IN NO EVENT SHALL WEOPIA, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOST SAVINGS, LOSS OF USE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTED FACILITIES, EQUIPMENT OR SERVICES, OR OTHER ECONOMIC LOSS ARISING OUT OF BREACH BY WEOPIA OR ANY OTHER PERSON OR PERSONS, OF ANY OF ITS REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT, WHETHER OR NOT WEOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT ANY LIMITED REMEDY FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY). THE FOREGOING LIMITATION SHALL APPLY EVEN IF WEOPIA KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(c) IN NO EVENT SHALL WEOPIA, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF WEOPIA OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
(d) WEOPIA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE ("THIRD-PARTY USER"). UNDER NO CIRCUMSTANCES SHALL WEOPIA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE. USE OR ACCESS OF ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE IS DONE ENTIRELY AT YOUR OWN RISK.
(e) YOU HEREBY RELEASE WEOPIA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, 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 THROUGH THE WEBSITE OR BY A THIRD PARTY THROUGH THE WEBSITE.
(f) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WEOPIA AND/OR ANY OTHER THIRD PARTY, EXCEED THE AMOUNT ACTUALLY PAID TO WEOPIA UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION, REGARDLESS OF THE FORM OF CLAIM OR ACTION.
22. All data on the Servers are subject to deletion, alteration or transfer.
(a) When using the Service, as Weopia introduces new in-world features such as new avatars, clothing, hair, furniture, etc., you may accumulate Content, currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on the Servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON THE SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN WEOPIA’S SOLE DISCRETION.
(b) YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, WEOPIA DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE SERVERS.
(c) YOU UNDERSTAND AND AGREE THAT VIRTUCOM HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
(d) WEOPIA PROVIDES THE SERVICE, THE WEOPIA SOFTWARE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(e) Without limiting the foregoing, Weopia does not ensure continuous, error-free, secure or virus-free operation of the Service, the Weopia Software or your Account, and you understand that you shall not be entitled to refunds for fees based on Weopia's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
23. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the Province of Manitoba, Canada, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the provincial and federal courts of the Province of Manitoba, for the resolution of any such dispute.
24. Indemnity by You.
You agree to indemnify and hold Weopia, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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.
25. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
26. Other.
(a) This Agreement, and any policies, schedules, attachments or otherwise to which reference is made herein, contains the entire agreement between you and Weopia regarding the use of the Website and/or the Service. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.
(b) No modification to the Agreement, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged, and the waiver of any breach or default shall not constitute a waiver of any other right hereunder or any subsequent breach or default.
(c) Any notices contemplated herein shall be delivered electronically to the email address provided upon registration. Should you wish to change the email address on your account you are responsible for notifying Weopia.
(d) You may not assign or transfer this Agreement or any right or obligation hereunder.
(e) Any consent by Weopia to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.
(f) This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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