Terms of Use

TERMS OF USE

Welcome to the My Spaceship Earth web site! My Spaceship Earth, or worldvstore.com, ("we", "us" and the like) is pleased to bring you the latest news and information regarding our products and services. We hope you find this web site useful and enjoyable. But before using this web site, we wanted to alert you to some important information about the Terms of Use.

PLEASE READ THIS CAREFULLY. This is a legal agreement ("Agreement"). It sets forth your rights and responsibilities and the terms and conditions that govern your use of this web site and its associated services (collectively, the "Site"). If you do not understand any of the terms set forth below, e-mail us at admin@worldvstore.com and we will try to answer any questions. By using the Site, you indicate your acceptance of and your agreement to be legally bound by the terms of this Agreement without modification. From time to time, My Spaceship Earth may alter, amend, update, and revise these Terms of Use. Any such changes will be immediately posted on the Site in the "Terms of Use," which can be found at the "Terms of Use" link at the bottom of each page of the Site. You are encouraged to review our Terms of Use regularly to keep apprised of any such changes. BY CONTINUING TO USE THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AS THEY MAY BE AMENDED FROM TIME TO TIME. If you object to or do not want to be legally bound by this Agreement, you are not permitted to access or use the Site. It is our hope that by understanding the terms and conditions under which this Site is offered, you can keep your on-line experience with us safe and rewarding.

1. Grant of License to Use Site

1.1 Granting of Licenses for Non-Commercial Use.

This Site is offered only for the non-commercial personal use of you, the "user". My Spaceship Earth grants you a non-exclusive, non-transferable, revocable, royalty-free license to view and use the Site. You understand and acknowledge that the Site and the content contained therein are for the most part the sole property of My Spaceship Earth and you shall not challenge or contest My Spaceship Earth's or its Partners' ownership of any of its content, copyrights, trademarks or service marks included on the Site. Exceptions are various public domain content that has been incorporated into the site and various content belonging to partners and content used with the permission of its originators and owners. materials Subject to the foregoing license, nothing herein shall grant you any right, title or interest in My Spaceship Earth's or its Partners' content, copyrights, trademarks or service marks. The use of My Spaceship Earth's and its Partners' content, copyrights, trademarks or service marks shall inure solely to the benefit of My Spaceship Earth and its Partners respectively.

1.2 Fair Use of Copyrighted Materials.

Notwithstanding Section 1.1, you are permitted to download and copy the content, as it appears on the Site, for personal use only, provided that you maintain all copyright and other notices contained therein. Copying, storing, or distributing any My Spaceship Earth or Partner material for other than personal use is expressly prohibited without prior written permission from My Spaceship Earth and/or the appropriate Partner.

2. Copyright and Trademark Notices

2.1 Copyright.

All content, graphics, audio, video, software and other materials available via the Site, and the compilation of such materials (including by way of example, postings and collections of links to other Internet resources, and the descriptions of those resources that are contained within or made available via the Site) (collectively, the "Materials" or "Content") are the property of My Spaceship Earth, except designated public domain content, and are protected by U.S. copyright and other intellectual property laws and international treaties. Exceptions are various public domain content that has been incorporated into the site and various content belonging to partners and content used with the permission of its originators and owners. The Materials may not be copied without the express written permission of My Spaceship Earth. Unauthorized use of the Site or the Materials may violate copyright, trademark, and other intellectual property laws and/or proprietary rights laws, and may subject you to criminal and/or civil liability. The Site (including the Materials) is available for informational and noncommercial uses only. Re-use or re-sale of the Site (or any part thereof) for any purpose is strictly prohibited.

2.2 "Spidering" and Downloading the Site for Commercial Gain Prohibited.

Do not copy or adapt the HTML or other code or software that My Spaceship Earth uses to generate pages. Such materials are also covered by My Spaceship Earth 's copyrights and any other intellectual property rights. THE USE OF SPIDERING AND SIMILAR CACHING TOOLS OR SIMILAR PRODUCTS TO DOWNLOAD ANY OF THESE PAGES FOR COMMERCIAL GAIN INFRINGES ON My Spaceship's COPYRIGHTS.

2.3 Trademarks.

"My Spaceship Earth" is a trademark My Spaceship Earth. All other logos, product and service marks contained on the Site are the trademarks of their respective owners. The "look" and "feel" of the Site are also My Spaceship Earth's trademarks and intellectual property materials. This includes My Spaceship Earth's color combinations, button shapes, layout, and all other graphical and navigational elements.

2.4 Third Party Copyright Notices.

The Site contains logos, product and service marks of a variety of different companies and other third parties ("Partners"). Partners are the sole and exclusive owners of their respective trademarks and content which appear on the Site. My Spaceship Earth makes no claim to any third party materials available on or through the Site including their accuracy, completeness or timeliness; such being the responsibility of the provider. Such material may also be protected under United States law and international agreements and may not be copied, distributed or sold without the advance written permission of the respective copyright holders.

2.5 Copyright Complaints.

My Spaceship Earth reserves the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party's copyright or other intellectual property rights. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us at admin@worldvstore.com by providing our copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
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 owner or authorized to act on the copyright owner's behalf.

3. Downloading of Software and Imagery from the Site

3.1 Software/Imagery Subject to License Agreement.

Any software and/or imagery that is made available to download from this Site (individually and collectively, "Software/Imagery") is the copyrighted work of My Spaceship Earth and/or its suppliers. Use of the Software/Imagery is governed by the terms of the applicable end user license agreement, if any, which accompanies or is included with the Software/Imagery ("License Agreement"). An end user will not be able to install any Software/Imagery that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms and conditions of the relevant License Agreement.

3.2 Reproduction and Distribution.

The Software/Imagery is made available for downloading solely for use by the end user according to the License Agreement. Any reproduction or distribution of the Software/Imagery not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE/IMAGERY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE/IMAGERY.

3.3 WARRANTY INFORMATION.

THE SOFTWARE/IMAGERY IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MY SPACESHIP EARTH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE/IMAGERY, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

4. Right To Add, Change or Discontinue Content

My Spaceship Earth reserves the right to add, change, substitute, discontinue, remove or cancel any particular content, features, promotions and/or functionality offered through the Site at any time or to discontinue the Site (or any part thereof) at any time. My Spaceship Earth shall not be liable to you in damages or otherwise for any such changes.

We do not undertake any obligation to publicly release any revisions to any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which such statement is made. New factors emerge from time to time, and it is not possible for management to predict all of such factors, nor can we assess the effect of each such factor on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those indicated by such forward-looking statements.

5. Disclaimer of Warranties

5.1 Online Materials Subject to Errors.

You acknowledge and agree that data entry, communication, and storage are subject to a possibility of human and machine errors, omissions, delays and losses. My Spaceship Earth undertakes no liability for any such errors, omissions, delays, or losses.

5.2 Disclaimer of Liability for Third Party Links.

The Site contains links to the web sites of its Partners and other third parties over whom it exercises no oversight or control. Users are cautioned to use care in linking to any web site and to take appropriate steps to protect the integrity of their data and their personal safety and privacy. Users should consult with the terms of service and privacy policies of these web sites before entering. My Spaceship Earth assumes no liability as a result of any damages sustained in third-party web sites as a result of links that appear on the Site and is not responsible for webcasting or any other form of transmission received from any linked web site.

5.3 Views Expressed Not Necessarily Those of My Spaceship Earth.

The Site contains material provided by its various Partners. The views expressed by such Partners are their own and do not necessarily represent the views of My Spaceship Earth. By including this material in the Site, My Spaceship Earth neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site and hereby expressly disclaims any responsibility for the content of this material. User acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at user's own risk.

5.4 DISCLAIMER OF WARRANTIES.

USER ASSUMES TOTAL RESPONSIBILITY FOR USER'S USE OF THE SITE AND THE INTERNET AND HEREBY ACKNOWLEDGES THAT USE OF THE SITE IS AT USER'S OWN RISK. USER AGREES THAT THE SITE IS OFFERED ON A STRICTLY "AS-IS" AND "AS AVAILABLE" BASIS. MY SPACESHIP EARTH EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. MY SPACESHIP EARTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION, PRODUCTS OR OTHER MATERIALS, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. MY SPACESHIP EARTH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

6. Limitation of Liability

IN NO EVENT SHALL MY SPACESHIP EARTH BE LIABLE TO ANY USER FOR PERSONAL INJURIES, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF MY SPACESHIP EARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE, IN-WHOLE OR IN PART, FOR ANY REASON, MY SPACESHIP EARTH'S AGGREGATE LIABILITY FOR ANY REASON AND UPON ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE (OR ITS USE OR ANY TRANSACTIONS ON OR THROUGH THE SITE), OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO THE GREATER OF: (i) THE TOTAL AMOUNTS, IF ANY, USER PAID FOR USE OF THE SITE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST DATE ON WHICH THE UNDERLYING DAMAGE AROSE, OR (ii) TWO HUNDRED FIFTY DOLLARS ($250). USER FURTHER AGREES THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF USER HAS MADE NO PAYMENTS TO MY SPACESHIP EARTH'S HEREUNDER.

7. Privacy Policy

My Spaceship Earth's privacy policy is hereby incorporated into this Agreement by reference and can be found at the Privacy Notice link at the bottom of each page of the Site.

8. Prohibited Uses of the Site; Accuracy of User Information

8.1 My Spaceship Earth does not tolerate or permit the use of the Site to send, link to or otherwise transmit any information that impersonates any person or entity, including, but not limited to, any other users, or falsely state or otherwise misrepresent your identity or affiliation, or that violates any applicable local, state, national or international law. User agrees that any information provided to My Spaceship Earth through the Site will be truthful and accurate.

8.2 We may terminate a user's access to the Site immediately, in our discretion, if we believe that the user's conduct fails to conform with this Agreement. Without limiting the foregoing, if you use, or attempt to use the Site for purposes other than its intended purposes, including, but not limited to, tampering, hacking, modifying or otherwise corrupting the security or functionality of the of the Site, your access to the Site will be terminated, and you may be subject to civil and criminal liability.

9. Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, without limitation, unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including civil, criminal and injunctive redress.

10. Indemnity

You agree to indemnify and hold us, and our officers, directors, suppliers, subsidiaries, affiliates, agents, co-branders or other partners, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party related to or arising out of your use of the Site or related to or arising out of any transactions or interactions with third parties, content you submit, post to or transmit on or through the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.

11. Export Controls; Compliance with Laws

The Site is controlled and operated by My Spaceship Earth (worldvstore.com) from its offices within the United States of America and is subject to all applicable laws. My Spaceship Earth makes no representation that the Site or materials accessed or available through the Site are appropriate or available for use in other locations outside of the United States, and access to them from other countries where they are illegal is prohibited. Users who choose to access the Site from other locations outside of the United States do so on their own volition and are responsible for compliance with applicable local laws. In addition, users are responsible for complying with any local laws in their country which may impact user's right to import, export or use the Site. Without limiting any other terms or conditions of this Agreement, you may use the Site only for lawful purposes. The Site is subject to, and you agree that you shall at all times comply with, all applicable local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Site. This obligation includes your agreement to comply with all applicable laws, regulations and rules relating to banking, credit and financial services-related matters. We reserve the right to investigate (and to involve and cooperate with law enforcement authorities) and to pursue the prosecution of any alleged or actual illegal activities involving the Site.

12. Termination

MY SPACESHIP EARTH RESERVES THE RIGHT TO TERMINATE THE USER'S ACCOUNT OR TO DISCONTINUE THE SITE IN ITS ENTIRETY AT ANY TIME FOR ANY REASON WITHOUT NOTICE. MY SPACESHIP EARTH SHALL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES PROXIMATELY CAUSED BY SUCH TERMINATION.

13. Dispute Resolution

Any controversy or claim arising out of or relating to this Agreement or its breach, or otherwise arising out of relating to Site (with the exception of actions initiated by third parties or injunctive relief we seek for any violation of our or our licensors' or suppliers' proprietary rights, including but not limited to trademark or other intellectual property rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third arbitrator, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be an officer, employee or family member of the parties to this Agreement. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be in Northern Florida.

14. Miscellaneous

14.1 Non-Assignment.

The rights and responsibilities set forth in these terms of service are personal to the user. User may not assign this Agreement in whole or in part without My Spaceship Earth's prior written consent.

14.2 Non-Waiver of Remedy.

No failure or delay by My Spaceship Earth in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.

14.3 Choice of Law and Forum.

This Agreement shall be governed by the laws of the United States and Florida, excluding the conflict of law provisions thereof. Subject to the dispute resolution procedure above, the parties hereby agree that all disputes arising out of this agreement shall be subject to the exclusive jurisdiction of and venue in the federal and state courts located within the State of Florida and user hereby consents to the personal and exclusive jurisdiction and venue of these courts.

14.4 Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted so as to best accomplish its original objectives fullest extent allowed by law. The remaining provisions of this Agreement shall remain in full force and effect.

14.5 Integration.

This Agreement constitutes the entire agreement and understanding between My Spaceship Earth and the user with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, agreements, and understandings.