| 1. ACCEPTANCE OF TERMS
Walmart-Blows.com ("WMB") welcomes you. WMB 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.walmart-blows.com/tos.htm.
In addition, when using particular WMB owned or operated services,
you and WMB shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated
by reference into the TOS.
2. DESCRIPTION OF SERVICE
WMB provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services,
search services, personalized content and branded programming
through its network of properties which may be accessed through
any various medium or device now known or hereafter developed
(the "Service"). You also understand and agree that
the Service may include advertisements and that these advertisements
are necessary for WMB to provide the Service. You also understand
and agree that the Service may include certain communications
from WMB, such as service announcements, administrative messages
and the WMB Newsletter, and that these communications are
considered part of WMB 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,
including the release of new WMB properties, shall be subject
to the TOS. You understand and agree that the Service is provided
"AS-IS" and that WMB 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.
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 (such information being 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 WMB has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
WMB 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). WMB is concerned about the safety and
privacy of all its users, particularly children. For this
reason, children under the age of 13 will not be allowed to
access the Service. Please remember that the Service is designed
to appeal to a broad audience. Accordingly, it is your responsibility
to determine whether any of the Services and/or Content (as
defined in Section 6 below) are appropriate for you.
4. WMB PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, see
our full privacy policy at http://www.walmart-blows.com/privacy.htm.
You understand that through your use of the Service you consent
to the collection and use (as set forth in the Privacy Policy)
of this information, including the transfer of this information
to the United States and/or other countries for storage, processing,
and use by WMB and its affiliates.
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
WMB 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. WMB 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, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that
you, and not WMB, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. WMB 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 WMB be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for 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, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, 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 WMB official, forum leader, guide or host, 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, email, transmit 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, email, transmit 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, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose;
h. upload, post, email, transmit 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. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. 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;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
l. provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by
the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality
Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in paragraphs
a through n above.
You acknowledge that WMB may or may not pre-screen Content,
but that WMB 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, WMB 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 WMB or submitted to
WMB, including without limitation information in WMB Message
Boards, and in all other parts of the Service.
You acknowledge, consent and agree that WMB 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 WMB, 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 use of these materials is subject
to usage rules set by WMB 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 the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
WMB does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect
to Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant WMB the following
world-wide, 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 WMB Groups,
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 specific WMB Group to which such Content was submitted
or made available. 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 you remove or WMB removes such
Content from the Service.
• With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible
area of the Service other than WMB Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for
the purpose for which such Content was submitted or made available.
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 you remove or WMB removes such Content from the
Service.
• With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion
on publicly accessible areas of the Service other than WMB
Groups, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those
areas of the WMB network of properties that are intended by
WMB to be available to the general public. By way of example,
publicly accessible areas of the Service would include WMB
Message Boards and portions of WMB Groups, Photos and Briefcase
that are open to both members and visitors. However, publicly
accessible areas of the Service would not include portions
of WMB Groups that are limited to members, WMB services intended
for private communication such as WMB Mail or WMB Messenger,
or areas off of the WMB network of properties such as portions
of World Wide Web sites that are accessible through via hypertext
or other links but are not hosted or served by WMB.
9. INDEMNITY
You agree to indemnify and hold WMB, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, 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 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 commercial purposes, any portion
of the Service (including your WMB I.D.), use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WMB may establish general practices and
limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be
sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that
will be allotted on WMB's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You
agree that WMB 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 WMB reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that WMB reserves the right to modify these general
practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
WMB 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
WMB 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 WMB may, under certain circumstances and without
prior notice, immediately terminate your WMB 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) you have engaged in fraudulent or illegal activities,
and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your WMB account includes
(a) removal of access to all offerings within the Service,
including but not limited to WMB Mail, Groups, Messenger,
Chat, and Alerts, (b) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use
of the Service. Further, you agree that all terminations for
cause shall be made in WMB's sole discretion and that WMB
shall not be liable to you or any third-party for any termination
of your account, any associated email address, 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 WMB 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 WMB has
no control over such sites and resources, you acknowledge
and agree that WMB 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 WMB 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. WMB'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
may 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 advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by WMB 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.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YAHOO EXPRESSLY DISCLAIMS 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.
b. WMB MAKES 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.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM WMB 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 WMB 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 YAHOO 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; OR (v) 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
WMB may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings
on the Service.
22. TRADEMARK INFORMATION
Wal-Mart is a registered trademark of Wal-Mart Stores Inc.
This website is not endorsed or condoned by Wal-Mart. This
website is intended for entertainment/educational purposes
only.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
WMB respects the intellectual property of others, and we ask
our users to do the same. WMB 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 WMB's Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. 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.
WMB's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
webmaster@walmart-blows.com
24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement
between you and WMB and governs your use of the Service, superseding
any prior agreements between you and WMB 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 WMB
services, affiliate services, third-party content, or third-party
software.
Choice of Law and Forum. The TOS and the relationship between
you and WMB shall be governed by the laws of the State of
Oregon without regard to its conflict of law provisions. You
and WMB agree to submit to the personal and exclusive jurisdiction
of the courts located within the state of Oregon.
Waiver and Severability of Terms. The failure of WMB 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 WMB account is non-transferable and any rights to
your WMB I.D. 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.
25. VIOLATIONS
Please report any violations of the TOS to webmaster@walmart-blows.com.
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