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Terms of Service
1. ACCEPTANCE OF TERMSHello! Project Wonderful provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.projectwonderful.com/tos.php. Your use of the service constitutes your acceptance of these terms. If you have any questions about these terms and how they apply to you, please email us. You may also wish to review the auction terms.
2. DESCRIPTION OF SERVICE
Project Wonderful provides members with the ability to auction advertising space on their websites (as "publishers"), and to buy advertising on member websites (as "advertisers"). Advertising is sold on the basis of time, rather than clicks or displays. A 25% commission on every sale is collected from the accounts of publishers. You understand and agree that while Project Wonderful strives to supply ads to every website viewer, there may be some viewers who do not see these advertisements, either through ad-filtering software installed on their computer, ad-filtering software applied to their internet connection, or other means. You also understand and agree that the Service may include certain non-advertising-based communications from Project Wonderful, such as administrative messages and that these communications are considered part of Project Wonderful membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Project Wonderful assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that as we do not routinely edit the content on Project Wonderful, there may be certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Project Wonderful has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Project Wonderful has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Project Wonderful is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
4. PROJECT WONDERFUL PRIVACY POLICY
Registration Data and certain other information about you is collected through use of our Service. Project Wonderful does not rent, sell, or share personal information about you with other people or companies except to provide products or services you've requested, or when we have your permission, or in the case of responding to subpoenas, court orders, legal process, and in defence against legal claims. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to the United States and Canada and/or other countries for storage, processing and use by Project Wonderful.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Project Wonderful of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Project Wonderful cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Project Wonderful, are entirely responsible for all Content that you upload, post, or otherwise make available via the Service. Project Wonderful does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Project Wonderful be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Project Wonderful official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
f. upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. upload, post or otherwise make available 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;
i, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, provincial, national or international law,
k. "stalk" or otherwise harass another; and/or
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above.
You acknowledge that Project Wonderful may or may not pre-screen Content, but that Project Wonderful and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Project Wonderful and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Project Wonderful or submitted to Project Wonderful.
You acknowledge, consent and agree that Project Wonderful may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Project Wonderful, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Project Wonderful and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Project Wonderful does not claim ownership of Content you submit or make available for inclusion on the Service. The copyright of any copyrighted Content remains with the source. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Project Wonderful the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Project Wonderful, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Services of Project Wonderful. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time either you or Project Wonderful removes such Content from the Service. You consent to and allow Project Wonderful, at its discretion, to remove from the Service any Content you have supplied at any time and for any reason, including without limitation any uploaded images, advertisements, personal information, and ad boxes. You agree that Project Wonderful shall not be liable to you or any third party for any removal of Content.
"Publicly accessible" areas of the Service are those areas of the Project Wonderful network of properties that are intended by Project Wonderful to be available to the general public. By way of example, publicly accessible areas of the Service would include the index page and others which are open to both members and visitors. Publicly accessible areas of the Service also include portions of Project Wonderful that are limited to members.
9. INDEMNITY
You agree to indemnify and hold Project Wonderful and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes, any portion of the Service (including your Project Wonderful ID), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Project Wonderful may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, You agree that Project Wonderful has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Project Wonderful reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Project Wonderful reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Project Wonderful reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Project Wonderful shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Project Wonderful may, under certain circumstances and without prior notice, immediately terminate your Project Wonderful account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Project Wonderful account includes (a) removal of access to all offerings within the Service, and (b) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Project Wonderful's sole discretion and that Project Wonderful shall not be liable to you or any third party for any termination of your account or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Project Wonderful shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Project Wonderful has no control over such sites and resources, you acknowledge and agree that Project Wonderful 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 Project Wonderful 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. PROJECT WONDERFUL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Project Wonderful or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Project Wonderful grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by Project Wonderful for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROJECT WONDERFUL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROJECT WONDERFUL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. SPECIFICALLY BUT WITHOUT LIMITATION, PROJECT WONDERFUL DOES NOT AND CAN NOT GUARANTEE THAT SITES UPON WHICH ADVERTISING IS PURCHASED WILL REMAIN UP AND RESPONSIVE WHILE THE ADVERTISING IS IN EFFECT. WHILE WE DO HAVE PROCESSES IN PLACE TO SUSPEND PUBLISHERS WHOSE SITES ARE NOT RESPONSIVE OR WHO ARE NOT DISPLAYING ADS PROPERLY, ALL ADVERTISING IS AT YOUR OWN RISK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROJECT WONDERFUL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROJECT WONDERFUL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROJECT WONDERFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) INDIRECTLY THROUGH THE USE OF ANY SITE CONTACTED OR REFERRED THROUGH THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
21. NOTICE
Project Wonderful may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
22. TRADEMARK INFORMATION
The Project Wonderful trademarks and service marks and other Project Wonderful logos and product and service names are trademarks of Project Wonderful (the "Project Wonderful Marks"). Without Project Wonderful's prior permission, you agree not to display or use in any manner the Project Wonderful Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Project Wonderful respects the intellectual property of others, and we ask our users to do the same. Project Wonderful may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Project Wonderful's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Project Wonderful's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Project Wonderful
PO Box 67601, Dundas / Spadina RPO
TORONTO, ONTARIO, CANADA
M5T 3B8
By email: service@projectwonderful.com
24. SERVICE DOWNTIME
In the event the site is offline or otherwise critically unusable for an extended period of time, advertisers will not be charged, and website owners will not receive funds. This is because ads were not being displayed, and so to charge would be unfair.
25. COMPLIANCY
Publishers that are selling ads on their site have an obligation to keep the ad box code displayed as long as the ad box is active. We employ a script to automatically check up on member sites in certain circumstances, such as in the event that we do not register hits from an ad box for an extended period of time. If this script is unable to detect the code for our ad boxes on the site, the ad box will be automatically suspended. You agree to allow these occasional, automated requests of your site.
26. PUBLISHING TERMS
To become a publisher on Project Wonderful requires an application process in which the submitted website is reviewed. By applying to become a publisher, you agree to submit your website to this review process and to abide by the result. The decision of Project Wonderful staff on a website's inclusion in Project Wonderful is final.
27. AD BOX DEACTIVATION
From time to time we evaluate the performace of ad boxes on Project Wonderful and try to help those that are underperforming. However, Project Wonderful does reserve the right to deactivate or delete any ad box at any time for any reason. In such a process an ad box stops displaying ads; however, any funds that have been earned through the ad box remain in your account except in cases of fraud. You agree that Project Wonderful may, under certain circumstances and without prior notice, immediately deactivate or delete any ad box. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated ad box deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) poor ad box performance, and/or (i) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all such deactivations and/or deletions of ad boxes for cause shall be made in Project Wonderful's sole discretion and that Project Wonderful shall not be liable to you or any third party for any termination of your ad boxes or access to the Service.
28. ARTIFICIAL HIT GENERATION
There exist sites which, either for free or for a fee, will deliver traffic to your site, often by encouraging their members to visit a site for a few seconds in exchange for credit. Such sites are not advertising networks, but often describe themselves using phrases like 'auto hits', 'auto surf', and so on. Usage of such sites is not allowed on Project Wonderful and any publishers found to be employing such services may have their Project Wonderful account suspended, and may be removed from the Service.
29. FORBIDDEN CONTENT
Pornographic or adult sites are not allowed to advertise with or on Project Wonderful. Violation of this rule can result in your account being closed. As the definition of pornography is a difficult one to define, Project Wonderful staff members are empowered to make this decision.
30. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Project Wonderful and governs your use of the Service, superseding any prior agreements between you and Project Wonderful with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Project Wonderful services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Project Wonderful shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Project Wonderful agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario.
Waiver and Severability of Terms. The failure of Project Wonderful to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Project Wonderful account is non-transferable and any rights to your Project Wonderful ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
31. VIOLATIONS
Please report any violations of the TOS to service@projectwonderful.com.
32. YOUR RELEASE AND WAIVER
You understand and agree that Project Wonderful acts as the venue for sellers to list items and buyers to bid on items in connection with Project Wonderful. Project Wonderful is not involved in the actual transaction between buyers and sellers. Project Wonderful does not screen or control users who may sell or bid on auction items, nor does Project Wonderful review or authenticate all auction listings or items offered for sale.
Because Project Wonderful is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Project Wonderful and its affiliates (and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Also, as Project Wonderful is acting only as a venue, Project Wonderful is not responsible for the collection and remittance of any federal, state or local taxes, unless otherwise noted in this document. Buyers and sellers are responsible for all tax related issues that may arise.
33. LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Project Wonderful and your bidding on, listing of, purchase of, and sale of any and all items.
34. INTEREST ON FUNDS
You agree that any unclaimed funds credited to your account do not earn interest, and are not treated as currency.
35. UNCLAIMED FUNDS
If there is no activity on your account for a period of six months, we reserve the right to close your account, at which point any unclaimed funds will revert to Project Wonderful.
36. TAXATION
We collect the 5% GST from the accounts of Canadian publishers. The GST number of Project Wonderful is 818 581 357 RT0001. You agree to provide accurate information to Project Wonderful for taxation purposes.
37. PROJECT WONDERFUL RESERVATION OF RIGHTS
Project Wonderful expressly reserves the right to, but has no duty to, refuse, reject or remove any listing in Project Wonderful's sole discretion.
You acknowledge and agree that Project Wonderful has the right to immediately modify, suspend or terminate any listings or your account and refuse current or future use of any Project Wonderful service if Project Wonderful, in its sole discretion, believes you have: (i) violated or tried to violate the rights of others; or (ii) have acted inconsistently with the spirit or letter of these additional terms or any document incorporated by reference, including, without limitation, the Project Wonderful Guidelines. Your Project Wonderful account may be terminated if you do not use this service at least one time during a reasonable period of time (as determined by Project Wonderful) which will not be less than three months.
Last update February 18th, 2009.
