yoururl.com
Standard Terms & Conditions
Last
updated: July 1, 2011
End
User License Agreement
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS
YOUR USE OF THE yoururl.com SERVICE, INCLUDING THE
yoururl.com NETWORK OF SITES (THE "SERVICE") PROVIDED TO YOU BY
yoururl.com (REFERRED TO HEREIN AS "yoururl.com"). BY
USING THE SERVICE, YOU AGREE TO THIS END USER LICENSE AGREEMENT, WHICH
INCLUDES THE
yoururl.com
PRIVACY
POLICY AND OTHER POLICIES AND GUIDELINES OF THE
SERVICE, INCLUDING OFFICIAL RULES FOR ANY CONTESTS OR SWEEPSTAKES,
OFFICIAL GIFT OFFER RULES AND THE POLICIES AND GUIDELINES OF OUR THIRD
PARTY PARTNERS ("SPONSORS") (COLLECTIVELY, THE "AGREEMENT"). ALL SUCH
RULES, POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS
AGREEMENT.
The
Service is only offered to United States residents who are 18 years of
age and over. If you do not agree to these terms of this Agreement
please do not use the Service. We reserve the right, at our discretion,
to change or modify the terms and conditions of this Agreement at any
time. Please check these terms periodically for changes and or updates.
Your continued use of any part of the Service following the posting of
changes to these terms and conditions (including Official Gift Offer
Rules and Official Sweepstakes Rules) indicates your acceptance of
those changes.
1.
License Grant.
Subject
to the terms and conditions of this Agreement, yoururl.com
grants to you a non-exclusive, non-transferable, revocable, limited
license, to use the Service solely for, non-commercial and personal
purposes. You understand that we, in our sole discretion, may modify
the Service at any time or suspend or terminate any license hereunder.
2.
Ownership.
You
acknowledge that the Service is the property of yoururl.com or
its licensors, and is protected by U.S. and international copyright,
trademarks, patents and other proprietary rights and laws relating to
"Intellectual Property Rights". "Intellectual Property Rights" means,
collectively, rights under patent, trademark, copyright and trade
secret laws, and any other intellectual property or proprietary rights
recognized in any country or jurisdiction worldwide, including without
limitation, moral or similar rights. All rights not expressly granted
hereunder are expressly reserved to yoururl.com and
yoururl.com's licensors. yoururl.com is a service
mark of yoururl.com
3.
Content and Infringement.
You
understand that all third party content, including, without limitation
all Sponsor offers, data, links, articles, search results, graphic or
video messages and all information, text, software, music, sound,
graphics or other materials made available or accessible through the
Service ("Content"), whether publicly available or privately
transmitted, is the sole responsibility of the entity from whom it
originated. yoururl.com does not endorse or control such
Content. You understand and agree that by using the Service, you may be
exposed to Content that may be offensive, indecent or objectionable in
your community. You agree to accept all risks associated with the use
of any Content, including any reliance on the accuracy or completeness
of such Content. Under no circumstances will yoururl.com or
its licensors be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for loss or
damage of any kind incurred as a result of the use of any Content
posted or transmitted via the Service. By accepting this Agreement, you
indicate that you understand, acknowledge and agree that by using the
Service, you may be subject to various risks, including the exposure of
data you have downloaded or have offered to share, and that you accept
all such risk as solely your risk and responsibility.
In
addition, all Content made available or accessed through the use of the
Service is the property of the applicable Content owner and may be
protected by applicable laws, including without limitation, those
relating to Intellectual Property Rights. Finally, any suggestions,
ideas or innovations that you voluntarily and optionally disclose to us
through any means may be used or not used, at yoururl.com's
sole discretion, and yoururl.com will have no obligation to
pay to you for any such suggestions, ideas and inventions.
4.
Privacy.
You
consent to the use and collection of your information in accordance
with yoururl.com's privacy
policy. This Privacy Policy is part of this Agreement and you
agree that use of data as described in the privacy policy is not an
actionable breach of your privacy or publicity rights.
By
accepting of the terms and conditions of this website and providing
your telephone number, you are subscribing to a service that transmits
special offers to subscribers via pre-recorded voice messages.
By
subscribing, you are expressly consenting to receive prerecorded
telephone messages from Worldwide Commerce Associates (“WCA”) that
include special offers from affiliated merchants. You are subscribing
to receive prerecorded messages only from WCA with offers from its
affiliated merchants and only at the specific number(s) you have
provided to us. Your consent will be effective regardless of whether
the number you have provided: (a) is a home, business, or cell phone
line; and/or (b) is or will be registered on any state or federal
Do-Not-Call (DNC) list, and shall remain in effect until you revoke
your consent and cancel your subscription.
To
unsubscribe: You may cancel your subscription and revoke your consent
to receive telephone calls at any time by either (a) utilizing the
opt-out procedure included in any message you receive; or (b) by
calling 800-269-0281. NOTE: WCA does not send offers via e-mail, and is
unable to honor any e-mail unsubscribe requests. If you are receiving
offers via e-mail, please follow the unsubscribe instructions included
therein.
5.
Registration Information and Email Newsletter.
If you
elect to register to use the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the our registration form (such information being the "Registration
Data"); and (b) maintain and promptly update the Registration Data to
keep it accurate. If you provide any information that is untrue,
inaccurate, or incomplete, yoururl.com may in its sole
discretion have grounds to suspect that such is the case, we have the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). In
addition, when you register for the Service, you agree to receive an
email newsletter that may contain yoururl.com or Sponsor
offers. You may opt-out of receiving this email newsletter at any time
by following the opt-out instructions.
6.
Third Party Offers.
The core
of the Service is providing valuable offers to our registered users.
Many of these offers will be from Sponsors who wish to inform our user
base of their promotional offers. You are not obligated to opt-in to
receive any Sponsor offers when you take a survey. However, if you
choose to opt-in to receive any Sponsor offer, such Sponsor may contact
you through the registration information you provided to
yoururl.com, including without limitation, by telephone or
email pursuant to the terms of yoururl.com's
privacy
policy. yoururl.com reserves the right
to change Sponsors' offers, including gift requirements, at any time.
By the
user submitting his/her personal and/or financial information on
publisher’s site, the user is hereby granting written permission to
publisher, its affiliated sites, sponsors, etc. for contact
information. The user is also consenting to receive phone calls from
publisher, its affiliates, and its partners for contact via telephone,
and thereby, the user waives their do-not-call registration with the
FTC or any other agency in regards to these contacts or calls.
7.
Official Gift Offer Rules.
You agree
to be bound by the relevant Official Gift Offer Rules for the offer
giveaways. To receive a free gift, you must accumulatet indicated in
the Official Gift Offer Rules.
8.
Official Sweepstakes Rules.
You agree
to be bound by the relevant Official Rules for the sweepstakes you
elect to participate in.
9.
Indemnification
You are
entirely responsible for maintaining the confidentiality of the
information you provided to us. Furthermore, you are entirely
responsible for any and all activities which occur under your account.
You agree to indemnify, defend and hold harmless yoururl.com,
its parents, affiliates and subsidiary companies, officers, directors,
employees, consultants and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited to,
attorneys fees) arising from your use of the Service, your violation of
the terms of this Agreement or your infringement, or infringement by
any other user through your account, of any Intellectual Property Right
or other right of any person or entity. You agree to immediately notify
us of any unauthorized use of your account or any other breach of
security known to you.
10.
DISCLAIMER OF WARRANTY
YOUR
ACCESS AND USE OF THE SERVICE AND ANY CONTENT AT YOUR SOLE RISK.WE
PROVIDE THE SERVICE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM,
TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM
INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR
WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE
ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER WE NOR OUR DIRECTORS,
OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS,
CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS,
LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES
(EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE
CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION
PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL
OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR
DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT
WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE
SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN
ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT.
The above exclusions may not apply in jurisdictions
that do not allow the exclusion of certain implied warranties.
11.
Termination
We may
terminate this Agreement or cease offering the Service, at any time and
for any reason in our sole discretion.
12.
Limitation of Liability
YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL
yoururl.com ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR
EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS,
DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED
PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING
OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO
USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER
INTANGIBLE LOSSES (EVEN IF EXACT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). IN NO EVENT WILL PROTECTED PARTIES' MAXIMUM CUMULATIVE
LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF FIFTY DOLLARS ($50)
OR THE REVENUE EXACT ACTUALLY RECEIVED DIRECTLY ATTRIBUTABLE TO THE
SOFTWARE ON YOUR COMPUTER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13.
Applicable Law
This
Agreement shall be governed by and construed in accordance with the
laws of Canada. To the extent you have in any manner violated or
threatened to violate yoururl.com's intellectual property
rights, yoururl.com may seek injunctive or other appropriate
relief in any court of competent jurisdiction and you irrevocably
consent to jurisdiction and venue in such courts. The United Nations
Convention on Contracts for the International Sale of Goods does not
apply to this Agreement. You agree that regardless of any statue or law
to the contrary, any claim or cause of action arising out of or related
to use of the Service or the yoururl.com Privacy
Policy must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
14.
Successor Agreements
The terms
of this Agreement may change from time to time. You should check back
at http://www.yoururl.com (the "Home Page") regularly to
determine if any material changes have been made. We will prominently
post material changes on the Home Page. You agree that your continued
use of the Service after the effective date of any change will
constitute your affirmative consent to this revised Agreement. If you
do not accept such revisions, do not access or use the Service.
15.
General
This
Agreement, as modified from time to time as described above, and
including the yoururl.com
Privacy
Policy, guidelines and policies incorporated by
reference, sets forth the entire understanding and agreement between
the parties. Without limiting any other remedy available to us, we may
suspend or terminate this Agreement and your access and use of the
Service if we have reason to believe that you have failed to comply
with your obligations under this Agreement. Upon termination,
cancellation, suspension or expiration of this Agreement for any reason
and by either party, you agree to cease all use of the Service. No
delay or failure to enforce any provision of this Agreement will
constitute a waiver of such provision by yoururl.com or acts
as estoppel against later enforcement. This Agreement constitutes the
entire agreement between you and yoururl.com with respect to
the specific subject matter addressed herein, and governs your use of
the Service, superseding any prior agreements between you and
yoururl.com or its affiliates or related entities relating to
such subject matter, but this Agreement may be supplemented by any
other agreement you enter into with yoururl.com or its
affiliates or related entities pursuant to a registration to access
additional software or services provided by yoururl.com. You
may not assign any of your rights or delegate any of your obligations
under this Agreement without the prior written consent of
yoururl.com. Any purported assignment without such consent
will be null and void. yoururl.com shall not be deemed to be
in breach of this Agreement due to any delay or failure of performance
or interruption in the availability of the Service resulting directly
or indirectly from any act of nature or other cause beyond the
reasonable control of yoururl.com. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
that the other provisions of this Agreement remain in full force and
effect. All provisions of this Agreement that are intended to survive
expiration, cancellation or termination of this Agreement shall so
survive. The section headings used in this Agreement are for
convenience only and have no legal or contractual effect.