THESE TERMS OF SERVICE ARE SO IMPORTANT. PLEASE READ CAREFULLY. YOUR ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO ALL OF THE TERMS.
The following terms and conditions (“Terms”) govern your use of www.Worldlynation.com and any other Worldlynation website, as well as any online products or services offered by Worldlynation, including without limitation the Worldlynation mobile application (collectively, the “Services”).
No other arrangement you may have with Worldlynation for products or services is affected in any way by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to accept these Terms and that the company or legal entity shall be liable to Worldlynation for any breach of these Terms by you or your authorized users.
These Terms, along with any other Worldlynation policy or guideline, are subject to modification at any time and without prior notice, as determined by Worldlynation in its sole discretion. We shall notify you of any material changes to these Terms by providing notice of the change through the Services or by changing the “Last Updated” date at the top of these Terms, for example. By continuing to use the Services after such changes or amendments have been posted, you agree to be bound by the updated terms. Because of this, it is important that you examine the Terms and relevant policies on a regular basis to ensure that you are aware of and compliant with any changes that may have been made after your last review. You must cease using the Services immediately if you do not agree to the modified terms.
Please email legal@Worldlynation.com if you have any inquiries regarding the Services.
1. PRIVACY STATEMENT
For details on how Worldlynation gathers, uses, and shares user data, please read our Privacy Policy.
2. ELIGIBILITY
Any use of our Services requires you to be at least 18 years old. You represent that you have the authority to accept these Terms on behalf of any person or entity for whom you are acting as an authorized representative in accessing or using our Services, and that such person or entity agrees to be responsible to us for any violation of these Terms by you or any other person or entity on whose behalf you are acting.
3. INFORMATION SECURITY AND USER ACCOUNTS
In order to use our Services, you will need to create an account and subscribe to either WORLDLYNATION Standard or WORLDLYNATION Premium. If any of the information you provided at account creation changes, you must update your profile immediately. To do otherwise may prevent you from accessing our Services. You must also keep your account secure and inform us immediately if you learn or think that unauthorized parties have gained access to it. If you share your login information with others, you must take responsibility for all their actions under your account.
4. PAYMENT
When you subscribe to a Membership on our website, you will be charged the recurring costs (“Fee”) and for the amount of time (“Membership Period”) that are specified in the Membership details.
By purchasing a Membership, you agree that Worldlynation (or its designated third-party payment processor) may automatically deduct the Fee from your Payment Method at the beginning of each Membership Period. If you join up for a monthly Membership on May 1, for instance, the Fee will be automatically deducted from your account on the first of each month thereafter. Your Membership will remain active until you cancel it, which you understand and agree to.
Memberships can be terminated at any time via the Member’s profile page or by sending an email to memberships@Worldlynation.com. Your Membership and access to any related services will remain in effect until the beginning of the next Membership Period, even after the cancellation takes effect. Unfortunately, neither the current month’s fee nor any future fees will be refunded or prorated. If you cancel your monthly Membership on May 15 and your renewal date is the beginning of the month, your cancellation will take effect on June 1. You will continue to have access to the services until June 1st. No credits or refunds will be issued for the remaining days of the month.
Worldlynation will give you notice of any price increases to your Membership at least ten (10) days before the next billing date. A Member who does not agree to pay the increased Membership Fee must terminate their Membership in line with these Terms.
5. WARRANTY OF ORIGIN AND RESTRICTIVE LICENSE
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Worldlynation logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Worldlynation Materials”) are the proprietary property of Worldlynation or our licensors or users and are protected by U.S. and international copyright laws.
You have a limited, non-exclusive, non-sublicensable license to access and use the Services and the Worldlynation Materials, subject to these Terms, but not for: (a) any commercial resale or use of the Services or the Worldlynation Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Worldlynation Materials; or (d) any modification or other alteration of the The license granted herein will automatically expire if you use the Services or the Worldlynation Materials in any way that is not expressly permitted herein without Worldlynation’s prior written authorization.
Copyright and trademark laws, as well as communications regulations and legislation, could all be broken by this kind of unlawful usage. Nothing in these Terms shall be construed as giving, by estoppel, implication, or otherwise, any license to Intellectual Property Rights, unless expressly stated herein. You can stop using this license at any time.
6. REPEATED INFRINGER POLICY
Worldlynation has adopted a policy of terminating, in suitable circumstances and at Worldlynation’ sole discretion, subscribers who are determined to be repeat infringers, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law. If you breach any intellectual property rights of others, Worldlynation reserves the right to restrict your use of the Services in our sole discretion, regardless of whether or not this is a repeat infringement.
7. DISPUTES REGARDING COPYRIGHT
Please contact our Designated Agent as described below if you feel that any content on the Services infringes upon any copyright that you own or manage.
WORLDLYNATION Copyright Agent is the name of the designated agent.
The address for correspondence is: copyright@Worldlynation.com.
To learn more about what constitutes an adequate notice, check out Section 512(c)(3) of Title 17 of the United States Code. Please be aware that if you knowingly make a false statement in your notification that the material or activity in question is infringing, you will be held liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our relying on such misrepresentation in removing or disabling access to the content or activity in question.
8. TRADEMARKS
Trademarks of Worldlynation used and displayed on the Services, including, but not limited to, “Designtechnica,” “Worldlynation,” the Worldlynation logos, the “upgrade your lifestyle” slogan, and other product and service names and slogans contained on the Services, may not be copied, imitated, or used, in whole or in part, without the express permission of Worldlynation or the applicable trademark holder. We prohibit the use of our company name or any of our trademarks or product names as metatags or hidden text on your website without our express written consent. The service mark, trademark and/or trade dress of Worldlynation is used throughout the Services and cannot be duplicated, imitated, or utilized, in whole or in part, without our express written consent. This includes, but is not limited to, all page headers, custom graphics, button icons, and scripts. The owners of any other trademarks, registered trademarks, product names, or names or logos mentioned in the Services are the sole proprietors of those items. Any mention of specific products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or elsewhere does not indicate or imply our endorsement, sponsorship, or recommendation of such.
9. HYPERLINKS
You are granted a limited, nonexclusive license to create a text hyperlink to the Services for personal, noncommercial purposes, provided that the link does not falsely or misleadingly portray Worldlynation or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner and that the linking site does not contain any adult or illegal content or any content that is offensive, harassing, or otherwise objectionable. A revocation of this restricted privilege is possible at any time. Without Worldlynation’s prior written consent, you may not utilize a Worldlynation logo or other proprietary graphic as part of a connection to the Services. Moreover, without Worldlynation’s prior written permission, you may not use, frame, or utilize framing techniques to enclose any Worldlynation trademark, logo, or other proprietary information, including the images found on the Services, the content of any text, or the layout/design of any page or form contained on a page of the Services. With the exception of the foregoing, neither Worldlynation nor any third party grants you any implied or express license in or under any patent, trademark, copyright, or other intellectual right.
Worldlynation does not guarantee, endorse, or take any responsibility for the availability, accuracy, completeness, correctness, or legitimacy of any information, product, service, or other resource that is external to the Services. Worldlynation does not endorse, support, sanction, or approve of any linked, external, or framed websites or any review, modifications, or updates to such sites. These links are provided as a courtesy by Worldlynation and its users and do not constitute an endorsement, approval, or recommendation of the linked website or the material contained within by Worldlynation. Please be aware that our terms and policies no longer apply once you leave the Services and that you are subject to the policies of the third party sites you have visited. If you leave the Services and visit an other website, you are responsible for familiarizing yourself with its terms and policies, especially its privacy and data gathering practices.
10. Consent from a Non-Party
As a courtesy to its users, Worldlynation may host content from third parties on the Services and provide links to the websites and content of third parties (collectively the “Third Party Content”). Without limiting the above, Worldlynation makes no representations or guarantees of any kind regarding the Third Party Content, including, but not limited to, those on the accuracy or completeness of the Third Party Content. You understand and accept that Worldlynation has no control over, and is not obligated to update or review, any Third Party Content. All such Third Party Content is used at the user’s own discretion and risk.
11. PRODUCTS AND SERVICES OF THIRD PARTIES; ADVERTISEMENTS
As part of the Services, Worldlynation may include ads and promotions from third parties, as well as details and connections to such products and services. Any of your commercial dealings, correspondence, and promotions with any such third parties, and all terms, conditions, warranties, and representations associated therewith, are exclusively between you and such third party. Any loss or damage of any sort incurred as a result of any such deals or promotions, or resulting from the appearance of non-Worldlynation advertisements or other third party information on the Services, is not the responsibility of, and will not be compensated by, Worldlynation in any way.
12. CREATED BY AND FOR USERS
Depending on the Services, you or other users will be able to create, post, and store various types of content, including but not limited to messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code, and other items or materials (collectively, “User Content”). You acknowledge that your use of such public forums is at your own risk, and that you do so at your own discretion. You also agree not to do any of the following while using the Services: post, upload to, transmit, distribute, store, produce, or otherwise publish
As mentioned in the preceding section under “Collection of Information,” we collect the following types of personally identifiable data:
• Content posted by users that violates applicable law in any way (including but not limited to content that is illegal, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable);
User Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law, including, but not limited to, the FTC’s guidelines regarding endorsements;
• Content uploaded by users that could infringe on someone else’s intellectual property rights (such as a patent, trademark, trade secret, copyright, etc.). You hereby represent and warrant that you own all rights necessary to disseminate and reproduce any User Content you publish;
User Content that falsely claims to be produced or sponsored by a third party;
Promotions, political campaigns, advertising, or solicitations that aren’t solicited;
The names, addresses, phone numbers, email addresses, Social Security numbers, and credit card details of any third party;
• Malware, skewed information, or other disruptive or damaging files; and
• User Content that, in Worldlynation’s sole discretion, is harmful, offensive, defamatory, obscene, threatening, invasive of another’s privacy, infringes upon another’s intellectual property rights, or could expose Worldlynation or its users to any harm or liability of any form.
Moreover, you acknowledge that your actions on the Services are entirely your responsibility and that you will not engage in the following activities in connection with the Services or our users:
Use the Services in any way that could damage, disable, overburden, or impair their functionality; Interfere with, disrupt, negatively affect, or inhibit the full enjoyment of the Services by other users.
• Pretend to be someone else, pose as someone else, or misrepresent your association with a person or organization;
• Harass, threaten, or otherwise make other users feel uncomfortable by following them around or posting threatening comments;
To transmit any promotional messages that were not specifically requested;
Intentionally or unintentionally violate any applicable law or regulation in connection with your use of the Services;
• Bypass or attempt to bypass any filters, security, or other functionality.
You understand and agree that Worldlynation is not responsible or liable for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, or for any errors, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity that you may encounter. Any failure by Worldlynation to enforce any of the user content or conduct rules set forth in these Terms in a particular instance shall not be construed as a waiver of our right to enforce such rules in the future. Further, these guidelines do not give any third party a private cause of action or a warranted assurance that the Services will not include any content that violates such guidelines. While Worldlynation is under no obligation to pre-screen, edit, or monitor User Content, it does reserve the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Services at any time, for any reason, and without notice. You are solely responsible for creating backup copies of, and paying to have replaced, any User Content you post or store on the Services. Your permission to use the Services may be terminated or suspended if you use the Services in a way that is contrary to these Terms.
Worldlynation does not claim ownership or control over any User Content, except as otherwise provided herein, on the Services, or in a separate agreement (such as the rules of a Worldlynation promotion). User Content submitted or posted to the Services, however, grants Worldlynation a perpetual, irrevocable, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content on the Services and on third-party sites. Unless you grant these rights to Worldlynation when you post or submit the User Content, we will contact you for permission before using the User Content for commercial purposes.
By posting User Content to the Services, you affirm that (a) you are the sole and exclusive owner of all the rights to such User Content or that you have all necessary permission from the owner of such User Content to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content you supply does not violate these Terms and will not violate the rights of or cause injury to any person or entity.
13. SUBMISSIONS
Your questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, and other information about Worldlynation, the Services, or third party products and services (collectively, “Submissions”) are welcome and encouraged, but should be treated as separate from User Content. All submissions to Worldlynation, whether through the Services, Worldlynation’s social media sites, via email, or otherwise, are considered non-confidential and shall become Worldlynation’s property. Without acknowledgment or compensation to you, Worldlynation will own all intellectual property rights to your Submissions and will be free to use and distribute them for any purpose, commercial or otherwise, without compensating you or giving you credit for your work.
14. IDEMNIFICATION
You agree to indemnify, defend, and hold harmless Worldlynation, our independent contractors, service providers, and consultants, and their respective directors, employees, and agents from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in connection with (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; and (d) your violation of any rights of any third
15. DISCLAIMER
WORLDLYNATION MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, INCLUDING THE WORLDLYNATION MATERIALS, WHICH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY K
WORLDLYNATION DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). In other words, you should not rely on these suggestions unless you are willing to take full responsibility for them.
16. DISCLAIMER AND LIMITATION OF LIABILITY
Nothing in this Agreement shall be construed to limit, restrict, or otherwise limit the liability of Worldlynation or any of its directors, members, employees, or agents for any direct, special, indirect, or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of or in
17. SERVICE CHANGES
Without prior notice, Worldlynation may alter or cease providing the Services, or any features or components thereof. Your use of the Services is contingent on Worldlynation’s ability to provide the Services without interruption, delay, or error.
18. BINDING ARBITRATION AND DISPUTE RESOLUTION
It is important that you read the following section carefully because it requires you to arbitrate certain disputes and claims with Worldlynation and limits the manner in which you can seek relief from us unless you opt out of arbitration by following the instructions set forth below. Under the terms of this arbitration agreement, neither class nor representative actions nor arbitrations are permitted. The right to sue in court or to a trial by jury is also waived in favor of arbitration.
Those in Authority take no action. Any dispute between you and Worldlynation arising out of or in connection with these Terms or our Services is personal to you and Worldlynation and will be resolved exclusively through individual action and will not be brought as a class arbitration, class action, or other type of representative proceeding.
Disputes Will Be Arbitrated. You and Worldlynation each waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court, with the exception of small claims disputes in which you or Worldlynation seeks to bring an individual action in small claims court located in the county of your billing address, and disputes in which you or Worldlynation seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property. You agree to first contact Worldlynation and attempt to resolve the claim informally by sending a written notice of the claim (“Notice”) to Worldlynation via email at legal@Worldlynation.com for any dispute or claim you have against Worldlynation or relating in any way to the Services. You must (a) identify yourself and the entity you represent; (b) explain the nature and basis of the claim; and (c) detail the specific relief sought in the Notice. Any communication we send to you will look something like the one given above. If you and Worldlynation are unable to settle your claim within thirty (30) days after such Notice is received, either party may submit the dispute to binding arbitration administered by JAMS or, in the limited circumstances set forth above, to court for resolution. Confidential, binding arbitration before a single arbitrator will be used to settle all disputes submitted to JAMS. If the claimed damages are less than $2,000, the parties agree to submit their dispute to binding arbitration under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”) in Multnomah County, Oregon. Herein is incorporated by reference the most up-to-date version of the JAMS Rules, which can be found on the JAMS website. By proceeding with this arbitration, you either agree that you have read and understand the JAMS Rules, or you forfeit your right to do so and any claim that the JAMS Rules are unfair or should not apply for any reason.
Because these Terms affect interstate commerce, you and Worldlynation have agreed that the Federal Arbitration Act, 9 U.S.C. 1, et seq., governs the substantive and procedural enforceability of this Section 16. To the fullest extent authorized by law (the “FAA”), to the extent that such law may apply. Subject to the limitations imposed by the FAA, these Terms, and the JAMS Rules, the arbitrator shall have the exclusive authority to resolve any dispute, including the power to determine the question of arbitrability, and to make all procedural and substantive decisions regarding the dispute and to grant any remedy that would otherwise be available in court. The arbitrator may not combine the claims of multiple parties into a single case, hear evidence on behalf of a class or other representative, or otherwise act as a judge or jury in any case involving more than one person.
The arbitrator, Worldlynation, and you will keep private any and all information gathered, prepared, or presented for the purposes of the arbitration or related to the dispute(s) therein. Unless the law specifies otherwise, the arbitrator will have the authority to issue rulings necessary to protect the privacy of the parties involved. Disclosure is not subject to the duty of confidentiality if it is necessary for the purpose of preparing for or conducting the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, in connection with a judicial challenge to an arbitration award or its enforcement, or if disclosure is otherwise required by law or judicial decision.
The filing fee for any arbitration you begin will be covered by you, and the remaining JAMS fees and costs will be covered by Worldlynation. Company shall be responsible for all JAMS fees and costs incurred in connection with any arbitration initiated by Company. You and Worldlynation both agree that any appeals and enforcement of an arbitration award must take place in the state or federal courts of Oregon and the United States sitting in Multnomah County, Oregon.
You and Worldlynation agree that any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose or be forever barred.
Within 30 days of accepting this Section18, you may opt out of binding arbitration by sending an email to legal@Worldlynation.com. The notice of your decision to decline to participate in binding arbitration must include your full name and address. You are agreeing to resolve any disputes in accordance with Section19 by waiving your right to participate in binding arbitration.
If any provision of this Section 18 is determined to be unenforceable or unlawful for any reason, then (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) the severance of the unenforceable or unlawful provision shall not in any way affect the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed in arbitration, then the parties agree to arbitrate such In addition, the remainder of this Section 16 shall be enforceable notwithstanding any provision of this Section 18 that is found to prohibit an individual claim seeking public injunctive relief, to the extent such relief may be sought outside of arbitration.
19. REGULATION BY LAW AND PLACE OF PROCEEDINGS
Except to the extent U.S. federal law preempts Oregon law, the laws of Oregon shall govern, and be construed and enforced with respect to any dispute arising out of or related to these Terms and your use of the Services, without giving effect to any conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The state or federal courts of Oregon and the United States will have exclusive jurisdiction over any disagreement between the parties that cannot be resolved through arbitration or hearing in small claims court.
20. TERMINATION
Without prior notice and at our sole discretion, Worldlynation may revoke your right to use the Services and may also install measures to prevent your future access to or use of the Services.
21. BINDING ARBITRATION AND DISPUTE RESOLUTION
If any part of these Terms shall be judged unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of any remaining sections.
