Terms
of Use.
Welcome
to WorldTaker. James C. Keo LLC provides the WorldTaker.com website
("WorldTaker”) and various related services (together the
"Services”). These
Terms of Use (the "Terms”)
govern your access to and use of the Services, and any information,
text, graphics, or other materials submitted, uploaded, downloaded,
provided to the Services (all together the "Content”). Your
access to and use of the Services is conditioned on your acceptance
of and compliance with these Terms. By accessing or using the
Services you agree to be bound by these Terms.
Basic
Terms
You
agree to be entirely responsible for your use of the Services and for
your Content. Other users of the Services and third party services
and websites will be able to view your Content. You should only
provide Content that you are comfortable sharing with other users and
the world. You may use the Services only in compliance with these
Terms and all applicable local, state, national, and international
laws, rules and regulations.
You
keep your rights to Content you submit, post or display on or through
the Services. By submitting, posting or displaying Content on or
through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods
(now known or later developed). You agree that this license includes
the right for WorldTaker to make such Content available to other
companies, organizations or individuals who partner with WorldTaker
for the syndication, broadcast, distribution or publication of such
Content on other media and services, subject to our terms and
conditions for such Content use.
The
Services are always changing and the form and nature of the
Services may change periodically without notice. WorldTaker
may stop, either temporarily or permanently, providing the Services
to you or to other users without notice or explanation. The
Services may include advertisements, which may be targeted according
to your Content or personal information (see the
Privacy
Policy). The types and amount of advertising on the Services may
change. By allowing you access to and use of the Services, you agree
that WorldTaker and its third party providers and partners may place
advertising on the Services or in connection with the display of
Content or information from the Services.These
Terms are effective as of August 13, 2012. WorldTaker expressly
reserves the right to change these Terms at any time without giving
you notice. You acknowledge and agree that it is your responsibility
to review these Terms from time to time and to familiarize yourself
with any changes. Your continued use of this site after such changes
is acknowledgement of any changes in the Terms and your agreement to
be bound by the latest Terms.
Children
Under 13.
WorldTaker
and the Services are not directed to children under the age of 13. If
you are under 13, do not attempt to register for WorldTaker or
provide to any personal information about yourself.
If
you believe that WorldTaker has any personal information from a child
under the age of 13, please contact WorldTaker at
info@worldtaker.com.
You
Must Be Over 18
You
must be 18 years of age or older to register, access and participate
in the Services. If WorldTaker discovers that you have registered and
are under 18, it may terminate your account. Furthermore, any user of
the Services must comply with any applicable laws or regulations that
apply to those who are under the age of 21. WorldTaker may terminate
the account, and is not responsible for the actions, of users who
engage in activities that are not age appropriate or violate
applicable law, which include, but are not limited to, the drinking
of alcohol and gambling.
Privacy
Any
information that you provide to WorldTaker is subject to our
Privacy
Policy,
which explains what information we collect and how we use that
information. You understand that through your use of the Services you
consent to the collection and use (as provided in the Privacy Policy)
of this information by WorldTaker. As part of providing you the
Services, we may need to provide you with certain communications,
such as service announcements and administrative messages. These
communications are considered part of the Services and your
WorldTaker account, which you may not be able to opt-out from
receiving.
Site
Conduct
Your
use of the Services is subject to all applicable laws and
regulations, and you are solely responsible for the substance of your
communications through the Services. By providing Content or
otherwise using any communications service, chat room, message board,
video conferencing, newsgroup, software library, or other interactive
service that may be available to you on or through the Services, you
agree that you will not upload, share, post, or otherwise distribute
or facilitate distribution of any content – including text,
communications, software, images, sounds, data, or other information
– that:
- is
unlawful, bullying, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another\'s privacy,
tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or
group of individuals), or otherwise violates the Terms;
- victimizes,
bullies, harasses, degrades, or intimidates a WorldTaker user,
individual or group of individuals for any reason, or victimizes,
bullies, harasses, degrades, or intimidates a WorldTaker user,
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
- infringes
on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
- constitutes
unauthorized or unsolicited advertising, junk or bulk email (also
known as "spamming”), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
- contains
software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or
other information of any third party;
- impersonates
any person or entity, including any of our employees or
representatives;
- solicits
login information or accesses an account belonging to someone else;
- offers
any promotion, contest, giveaway, or sweepstakes on WorldTaker
without our prior written consent. If WorldTaker consents, you take
full responsibility for the promotion, contest, giveaway, or
sweepstakes;
- does
anything that could disable, overburden, or impair the proper
working of WorldTaker, such as a denial of service attack;
- engages
in unlawful multi-level marketing, such as a pyramid scheme;
- collects
users\' Content, or otherwise accesses WorldTaker, using automated
means (such as harvesting bots, robots, spiders, or scrapers)
without WorldTaker\'s permission; or
- facilitates
or encourages any violations of the Terms.
WorldTaker
neither endorses nor assumes any liability for the contents of any
material uploaded or submitted by third party users of the Services.
We generally do not pre-screen, monitor, or edit the content posted
by users of communications services, chat rooms, message boards,
newsgroups, software libraries, or other interactive services that
may be available on or through the Services. WorldTaker and our
agents, however, have the right at their sole discretion to remove
any content that, in our judgment, does not comply with these Terms
and any other rules of user conduct for the Services, or is otherwise
harmful, objectionable, or inaccurate. We are not responsible for any
failure or delay in removing such content. You consent to such
removal and waive any claim against us arising out of such removal of
content.
In
addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or
server. Not all areas of the Services may be available to you or
other authorized users of the Services. You agree not to interfere
with anyone else\'s use and enjoyment of the Services. Users who
violate systems or network security may incur criminal or civil
liability.
You
agree that WorldTaker may at any time, and at our sole discretion,
prohibit your use of the Services, without prior notice to you for
violating any of the above provisions. In addition, you acknowledge
that we will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating
with law enforcement authorities in investigating suspected criminal
violations.
Unauthorized
Use of Materials
WorldTaker
respects the intellectual property rights of others and expects users
of the Services to do the same. WorldTaker
will respond to notices of alleged copyright infringement that comply
with applicable law and are properly provided to us. If you believe
that your exclusive right under a copyright has been copied in a way
that constitutes copyright infringement, please provide us by email
at
info@worldtaker.com with
the following information:
- a
physical or electronic signature of the copyright owner or a person
authorized to act on their behalf;
- identification
of the copyrighted work claimed to have been infringed;
- identification
of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit us to locate the material. Please include the URLs;
- your
contact information, including your address, telephone number, and
an email address;
- a
statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
- a
statement that the information in the notification is accurate, and,
under penalty of perjury, that you are authorized to act on behalf
of the copyright owner.
When
removing material from the site, WorldTaker will make reasonable
attempts to inform the alleged infringer of the removal, the reason
for the removal, and may provide the alleged infringer with a copy of
the notice and your contact information.WorldTaker
reserves the right to remove Content alleged to be infringing without
notice and at our sole discretion. In appropriate circumstances,
WorldTaker will also terminate a user’s account if the user is
determined to be a repeat infringer. The fastest and preferred method
for copyright infringement notices is by email at
info@worldtaker.com, but you
may mail such notices by postal service. Our designated copyright
agent for notice of alleged copyright infringement appearing on the
Services is:
WorldTaker
Designated Agent
Attn: James Keo
4125
SW Lombard Ave. #24
Beaverton, OR 97005
If
you believe that you have other claims of intellectual property
infringement that is
notcopyright infringement, please provide us by email at
info@worldtaker.com with the
following information:
- Your
name, mailing address, telephone and email address. When
removing material from the site, WorldTaker will make reasonable
attempts to inform the alleged infringer of the removal, the reason
for the removal, and may provide the alleged infringer with a copy
of the notice and your contact information;
- The
rights that are being infringed;
- A
statement that you are lawfully authorized to act on behalf of the
owner;
- The
location on WorldTaker where the infringing content appears on
WorldTaker. Please include the URLs;
- An
explanation of how the content infringes your rights; and
- A
statement that declares under penalty of perjury that all of the
information contained in the notice is accurate and that the use of
your intellectual property described above, in the manner you have
complained of, is not authorized by the rights owner, its agent, or
the law.
The
fastest and preferred method for intellectual property infringement
notices is by email at
info@worldtaker.com,
but you may mail such notices by postal service to:
WorldTaker
Attn: James Keo
4125 SW
Lombard Ave. #24
Beaverton, OR 97005
Third
Party Sites and Information
The
Services may link you to other sites on the Internet or otherwise
include references to information, documents, software, materials
and/or services provided by other parties. These sites may contain
information or material that some people may find inappropriate or
offensive. These other sites and parties are not under our control,
and you acknowledge that WorldTaker is not responsible for the
accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites, nor are we responsible for
errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is
provided merely as a convenience and does not imply endorsement of,
or association with, the site or party by WorldTaker, or any warranty
of any kind, either express or implied.
WorldTaker
Rights
All
right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of
WorldTaker. The Services are protected by copyright, trademark, and
other laws of both the United States and foreign countries. Nothing
in the Terms gives you a right to use the WorldTaker name or any of
the WorldTaker trademarks, logos, domain names, and other distinctive
brand features.
The
Services are Available "AS-IS”
Your
access to and use of the Services is at your own risk. You understand and agree that the services are provided to you on an "As is” and "As available” basis. Without limiting the foregoing, WorldTaker and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no promises or guarantees and disclaim all responsibility and
liability for the completeness, accuracy, availability, timeliness,
security or reliability of the Services. WorldTaker will not be
responsible or liable for any harm to your computer system, loss of
data, or other harm that results from your access to or use of the
Services or any Content.
You
also agree that WorldTaker has no responsibility or liability for the
deletion of, or the failure to store or to transmit, any Content and
other communications maintained by the Services. We make no warranty
that the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from WorldTaker or through the
Services, will create any warranty not expressly made in the Terms.
In
addition, WorldTaker does not promise or guarantee that any Content,
or other elements of the Services, is accurate, complete, reliable,
current, or error-free.
Limitation
of Liability
To the maximum extent permitted by applicable law, worldtaker and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from
- Your access to or use of or inability to access or use the services;
- Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
- Any content obtained from the services; and
- Unauthorized access, use or alteration of your transmissions or content,
Whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not worldtaker has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Controlling
Law and Jurisdiction
You
agree that these Terms and any action related to these Terms will be
governed by the laws of the State of Oregon without regard to or
application of its conflict of law provisions or your state or
country of residence. You agree that all claims, legal proceedings or
litigation arising in connection with the Services will be brought
solely in Multnomah County, Oregon, and you consent to the
jurisdiction of and venue in such courts and waive any objection as
to inconvenient forum. If you are accepting these Terms on behalf of
a United States federal government entity that is legally unable to
accept the controlling law, jurisdiction or venue clauses above, then
those clauses do not apply to you but instead these Terms and any
action related thereto will be will be governed by the laws of the
United States of America (without reference to conflict of laws) and,
in the absence of federal law and to the extent permitted under
federal law, the laws of the State of Oregon (excluding choice of
law).
Indemnification
If
anyone brings a claim against WorldTaker related to your actions, you
agree to defend, indemnify, and hold us harmless from all damages,
losses, liabilities, claims, and expenses, including reasonable legal
fees and costs, related to such claim. We reserve the right, at our
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
Entire
Agreement
These
Terms make up the entire agreement between the parties regarding
WorldTaker, and supersedes any prior agreements.
Miscellaneous
You
may not assign your rights and obligations under these Terms to any
party, and any purported attempt to do so will be null and void. We
may freely assign our rights and obligations under these Terms.
You
agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes the Services, any portion of the Services, or use
of or access to the Services.
If
any part of these Terms is held invalid or unenforceable, that
portion will be construed in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions will remain in full force and
effect.
Any
failure by WorldTaker to enforce or exercise any provision of these
Terms or related rights will not constitute a waiver of that right or
provision.
Contact
Information
The
Services are operated and provided by James C. Keo LLC. If you have
any questions about these Terms or if you notice that any user is
violating these Terms of Use, please contact us at info@worldtaker.com.These
terms effective August 13, 2012
Meet a Foreigner In Your Hometown / Meet A Local On Your Trip.