LICENSE. If you agree to the TOU and(1) are of sufficient age and capacity to use WL and be bound by the TOU, or (2)use WL on behalf of a business, thereby binding that business to the TOU, wegrant you a limited, revocable, non-exclusive, non-assignable license to use WLin compliance with the TOU; unlicensed use is unauthorized. You agree not todisplay, "frame," make derivative works, distribute, license, orsell, content from WL, excluding postings you create. You grant us a perpetual,irrevocable, unlimited, worldwide, fully paid/sublicensable license to use,copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in aseparate written or electronic agreement, you agree not to use or providesoftware (except our App and general purpose web browsers and email clients) orservices that interact or interoperate with WL, e.g. for downloading,uploading, creating/accessing/using an account, posting, flagging, emailing,searching, or mobile use. You agree not to copy/collect WL content via robots,spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g.,by hand). Misleading, unsolicited, and/or unlawfulpostings/communications/accounts are prohibited, as is buying or sellingaccounts. You agree not to post content that is prohibited by any of WL'spolicies or rules referenced above ("Prohibited Content"). You agreenot to abuse WL's flagging or reporting processes. You agree not to collect WLuser information or interfere with WL. You agree we may moderate WL access/usein our sole discretion, e.g., by blocking, filtering, re-categorizing,re-ranking, deleting, delaying, holding, omitting, verifying, or terminatingyour access/license/account. You agree (1) not to bypass said moderation, (2)we are not liable for moderating or not moderating, and (3) nothing we say ordo waives our right to moderate, or not. Unless licensed by us in a separatewritten or electronic agreement, you agree not to (i) rent, lease, sell,publish, distribute, license, sublicense, assign, transfer, or otherwise makeavailable WL or our application programming interface ("API"), (ii)copy, adapt, create derivative works of, decompile, reverse engineer,translate, localize, port or modify the App, the API, any website code, or anysoftware used to provide WL, (iii) combine or integrate WL or the API with anysoftware, technology, services, or materials not authorized by us, (iv)circumvent any functionality that controls access to or otherwise protects WLor the API, or (v) remove or alter any copyright, trademark or otherproprietary rights notices. You agree not to use WL or the API in any manner orfor any purpose that infringes, misappropriates, or otherwise violates anyintellectual property right or other right of any person, or that violates anyapplicable law.
LIQUIDATED DAMAGES. Youfurther agree that if you violate the TOU, or you encourage, support, benefitfrom, or induce others to do so, you will be jointly and severally liable to usfor liquidated damages as follows for: (A) collecting/harvesting WL users'information, including personal or identifying information - $1 per violation;(B) publishing/misusing personal or identifying information of a third party inconnection with your use of WL without that party's express written consent -$1,000 per violation; (C) misrepresenting your identity or affiliation toanyone in connection with your use of WL - $1,000 per violation; (D) posting orattempting to post Prohibited Content - $4 per violation; (E) posting orattempting to post Prohibited Content in any paid section of WL - the price perpost applicable to that section of WL; (F) sending an unauthorized/unsolicitedemail to an email address obtained from WL - $25 per violation; (G) using WLuser information to make/send an unauthorized/unsolicited text message, call,or communication to a WL user - $500 per text/call/communication; (H) creatinga misleading or unlawful WL account or buying/selling a WL account - $4 perviolation; (I) abusing or attempting to abuse WL's flagging or reportingprocesses - $1 per violation; (J) distributing any software to facilitateviolations of the USE Section - $1,000 per violation; (K) aggregating,displaying, framing, copying, duplicating, reproducing, making derivative worksfrom, distributing, licensing, selling, or exploiting WL content for anypurpose without our express written consent - $3,000 for each day you engage insuch violations; (L) requesting, viewing, or accessing more than 1,000 pages ofWL in any 24-hour period - $0.25 per page during the 24 hour period after thefirst 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts- $4 per violation. You agree that these amounts are (1) a reasonable estimateof our damages (as actual damages are often difficult to calculate), (2) not apenalty, and (3) not otherwise limiting on our ability to recover under any legaltheory or claim, including statutory damages and other equitable relief (e.g.,for spam, we can elect between the above liquidated damages or statutorydamages under the anti-spam statute). You further agree that repeatedviolations of the USE section will irreparably harm and entitle us toinjunctive or equitable relief, in addition to monetary damages.
FEES. When you make a paid posting (https://worldslist.com), you authorize us to charge your account. Any tax isadditional. Fees are non-refundable, even for posts we remove, delay, omit,re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. Tothe full extent permitted by law, worldslist, Inc., and its officers,directors, employees, agents, licensors, affiliates, and successors in interest("WL Entities") (1) make no promises, warranties, or representationsas to WL, including its completeness, accuracy, availability, timeliness,propriety, security or reliability; (2) provide WL on an "AS IS" and"AS AVAILABLE" basis and any risk of using WL is assumed by you; (3)disclaim all warranties, express or implied, including as to accuracy,merchantability, fitness for a particular purpose, and non-infringement, andall warranties arising from course of dealing, usage, or trade practice; and(4) disclaim any liability or responsibility for acts, omissions, or conduct ofyou or any party in connection with WL. WL Entities are NOT liable for anydirect, indirect, consequential, incidental, special, punitive, or otherlosses, including lost profits, revenues, data, goodwill, etc., arising from orrelated to WL, and in no event shall such liability exceed $100 or the amountyou paid us in the year preceding such loss. Some jurisdictions restrict oralter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Anyclaim, cause of action, demand, or dispute arising from or related to WL("Claims") will be governed by the internal laws of California,without regard to conflict of law provisions, except to the extent governed byUS federal law. Any Claims will be exclusively resolved by courts in SanFrancisco, CA (except we may seek preliminary or injunctive relief anywhere).You agree to (1) submit to the personal jurisdiction of courts in SanFrancisco, CA; (2) indemnify and hold WL Entities harmless from any Claims,losses, liability, or expenses (including attorneys' fees) that arise from athird party and relate to your use of WL; and (3) be liable and responsible forany Claims we may have against your officers, directors, employees, agents,affiliates, or any other party, directly or indirectly, paid, directed orcontrolled by you, or acting for your benefit.
TRADEMARKS. WORLDSLIST,"WL" and the peace symbol logo are registered trademarks with theU.S. Patent and Trademark Office and with multiple trademark offices around theworld.
MISC. Unless you have entered into aseparate written or electronic agreement with us that expressly references theTOU, this is the exclusive and entire agreement between us and you, andsupersedes all prior and contemporaneous understandings, agreements,representations, and warranties, both written and oral. Users complying withprior written licenses may access WL thereby until authorization is terminated.Our actions or silence toward you or anyone else does not waive, modify, orlimit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, andCLAIMS & INDEMNITY sections survive termination of the TOU, and you willremain bound by those sections. If a TOU term is unenforceable, it shall belimited to the least extent possible and supplemented with a valid provisionthat best embodies the intent of the parties. The English version of the TOU controlsover any translations. If you reasonably believe content infringes your IPrights, see https://worldslist.com.