By using this site, you
signify your Assent and Agreement to these
Terms
of
Use. If you do not agree to these
Terms
of
Use, please do not
use
the site.
Please check this
Agreement periodically for changes as WiiShopLIVE.com
reserves the right to revise this Agreement and your
continued use
of this site following the posting of any changes to the
Agreement constitutes acceptance of such changes.
WiiShopLIVE.com reserves the right to terminate a User's use
of this site at any time without notice and may do so
for any breach of this Agreement or the instructions on
this site by User. This Agreement applies to licensors
and advertisers as well.
Restrictions on
Use
of Materials
Except as may be
explicitly permitted through this site, you agree not to
save, download, cut and paste, sell, license, rent,
lease, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt,
edit, or create derivative works from materials, code or
content on or from this site. Systematic retrieval of
data or other content from this site to create or
compile, directly or indirectly, a collection,
compilation, database or directory without written
permission from WiiShopLIVE.com is prohibited. In addition, use
of the content or materials for any purpose not
expressly permitted in this Agreement is prohibited.
Database
Ownership, License, and
Use
Except with regard to
personal information, all information which you post on
this site or communicate to WiiShopLIVE.com through this site
(collectively "Submissions") shall forever be the
property of WiiShopLIVE.com. WiiShopLIVE.com shall not treat any
submission as confidential and shall not incur any
liability as a result of any similarities that may
appear in future Company services or products. Without
limitation, WiiShopLIVE.com shall have exclusive ownership of
all present and future existing rights to any Submission
of every kind and nature everywhere. You acknowledge
that you are fully responsible for the message,
including its legality, reliability, appropriateness,
originality and copyright. You hereby represent and
warrant that your Submission does not infringe the
rights of any third party.
Trademarks
WiiShopLIVE.com's,
licensors' or other third party materials, services or
products referenced on this site are common law or
registered trade marks or service marks of such parties.
Third party
sites
You may be transferred
to online merchants or other third party sites through
links or frames from this site. You are cautioned to
read such sites'
Terms
and Conditions and/or Privacy Policies before using such
sites in order to be aware of the
terms
and conditions of your
use
of such sites. These sites may contain information or
material that is illegal, unreasonable or that some
people may find inappropriate or offensive. These other
sites are not under the control of WiiShopLIVE.com, are not
monitored or reviewed by WiiShopLIVE.com, and
WiiShopLIVE.com is
not aware of the contents of such sites. You acknowledge
that WiiShopLIVE.com is not responsible for the accuracy,
copyright compliance, legality, decency, or any other
aspect of the contents or any transmissions received
through such sites. The inclusion of such a link or
frame does not imply endorsement of this site by
WiiShopLIVE.com, its advertisers or licensors, any
association with its operators and is provided solely
for your convenience. You agree that WiiShopLIVE.com and its
licensors have no liability whatsoever from such third
party sites and your usage of them.
Disclaimer of
warranties
WiiShopLIVE.com, its
advertisers and licensors make no representations or
warranties about this site, the suitability of the
information contained on or received through use
of this site, or any services or products received
through this site. All information and
use
of this site are provided "as is" without warranty of
any kind. WiiShopLIVE.com, advertisers and/or its licensors
hereby disclaim all warranties with regard to this site,
the information contained on or received through use
of this site and any services or products received
through this site, including all express, statutory, and
implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement.
WiiShopLIVE.com, advertisers and/or its licensors do not
warrant that the contents or any information receive
through this site are accurate, reliable or correct;
that this site will be available at any particular time
or location; that any defects or errors will be
corrected; or that the contents or any information
received through this site is free of viruses or other
harmful components. Your use
of this site is solely at your risk. User agrees that it
has relied on no warranties, representations or
statements other than in this agreement. Because some
jurisdictions do not permit the exclusion of certain
warranties, these exclusions may not apply to you but
shall apply to the maximum extent permitted by law of
your jurisdiction.
Limitation of
liability
Under no circumstances
shall WiiShopLIVE.com, advertisers and/or its licensors be
liable for any direct, indirect, punitive, incidental,
special, or consequential damages that result from, or
arise out of the use
of, or inability to
use,
this site, the information contained on or received
through
use
of this site, or any services or products received
through this site. This limitation applies whether the
alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even
if WiiShopLIVE.com, advertisers and/or its licensors have
been advised of the possibility of such damage. Because
some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages,
WiiShopLIVE.com, advertisers and/or its respective licensors'
liability in such jurisdictions shall be limited to the
maximum extent permitted by law of your jurisdiction.
Indemnification
You agree to defend,
indemnify, and hold harmless WiiShopLIVE.com, its
advertisers, licensors, subsidiaries and other
affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities,
claims, and expenses, including attorney's fees, that
arise from your use
of this site, or any services, information or products
from this site, or any violation of this Agreement.
WiiShopLIVE.com reserves the right; at it own expense, to
assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which
event you shall cooperate with WiiShopLIVE.com in asserting
any available defenses.
Legal
compliance
WiiShopLIVE.com may suspend
or terminate this Agreement or User's use
immediately upon receipt of any notice which alleges
that User has used this site for any purpose that
violates any local, state, federal or law of other
nations, including but not limited to the posting of
information that may violate third party rights, that
may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc.
Of its agents, officers, directors, contractors or
employees. In such event, WiiShopLIVE.com may disclose the
User's identity and contact information, if requested by
a government or law enforcement body or as a result of a
subpoena or other legal action, and WiiShopLIVE.com shall not
be liable for damages or results thereof and User agrees
not to bring any action or claim against WiiShopLIVE.com for
such disclosure.
Choice of law
and forum
This site (excluding
third party linked sites) is controlled by WiiShopLIVE.com
from its offices within the State of Hawaii, U.S. of
America. It can be access from all 50 states as well as
from other countries around the world to the extent
permitted by site. As each of these places has laws that
may differ from Hawaii, by accessing this site, both you
and WiiShopLIVE.com agree that the statues and laws of Hawaii
shall apply to any actions or claims arising out of or
in relation to this Agreement or your use
of this site, without regard to conflicts of laws
principles thereof. You and WiiShopLIVE.com also agree and
hereby submit to the filing of any claim only in the
exclusive personal jurisdiction and venue of Hawaii and
any legal proceedings shall be conducted in English.
WiiShopLIVE.com makes no representation that materials on
this site are appropriate or available for use
in other locations, and accessing them from territories
where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
Miscellaneous
These
Terms
of
Use will apply to every access to WiiShopLIVE.com.
WiiShopLIVE.com reserves the right to issue revisions to
these
Terms of
Use
by publishing a revised version of this document on this
site: that version will then apply to all
use
by you following the date of publication. Each access of
information from WiiShopLIVE.com will be a separate, discrete
transaction based on the then prevailing terms.
These
Terms of
Use
shall be governed by, construed and enforced in
accordance with the laws of Hawaii, as it is applied to
agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have
in any manner violated or threatened to violate
WiiShopLIVE.com and/or its affiliates' intellectual property
rights, WiiShopLIVE.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or
federal court in the State of Hawaii, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will
be resolved as follows:
If a dispute arises
under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in
the following location: Summit County, State of Hawaii.
Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Summit County, State of Hawaii,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or
unenforceable in whole or in part, the remaining
provisions of this Agreement shall not be affected
thereby.