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WORLDWIDE VACATION PROPERTIES INC.
BC VACATION PROPERTIES
TERMS AND CONDITIONS OF WEBSITE USE
PLEASE READ THE TERMS AND CONDITIONS OF WEB
SITE USE CAREFULLY BEFORE USING THE WORLDWIDE VACATION PROPERTIES
INC. WEB SITE (THE "WEB SITE"). ANY USE OF THIS
WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE
SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF USE. BY
USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY ALL THESE
TERMS AND CONDITIONS OF USE AND OUR PRIVACY
STATEMENT. IF YOU DISAGREE OR DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS OF USE DO NOT USE OR ACCESS
THIS WEB SITE. IN USING OUR WEBSITE, YOU ARE CONTRACTING WITH
WORLDWIDE VACATION PROPERTIES INC. FOR THE USE OF OUR SERVICES
AND PRODUCTS MADE AVAILABLE UNDER THE DOMAIN NAME WWW.BCVACATIONPROPERTIES.COM.
WORLDWIDE VACATION PROPERTIES INC. ("Worldwide")
RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE
THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS
OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY
ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS
AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE
OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE
REVISED TERMS AND CONDITIONS OF USE.
NOTE: THIS WEBSITE MAY ALSO PROVIDE OR REFERENCE
OTHER TERMS OF USE OR LICENSE AGREEMENTS SPECIFIC TO THE USE
OF WORLDWIDE OR PRODUCTS AND SERVICES (DEMONSTRATIONS OR ON-LINE).
THESE PRODUCT OR SERVICE SPECIFIC TERMS OF USE OR LICENSE
AGREEMENTS SHALL PREVAIL OVER ANY GENERAL TERMS AND CONDITIONS
FOR THE WEBSITE CONTAINED HEREIN.
1. Purpose of the Web site
The purpose of this is to allow you, as a user of this Web
site, to access our products and services. This Website is
controlled and operated by Worldwide from our offices within
the Province of British Columbia, Canada. Worldwide makes
no representation that the Website and Web site Materials
are appropriate or available for use in other locations. It
is your responsibility to ensure that your use of the Website
is in compliance with local laws and the extent to which local
laws are applicable.
2. Ownership of Web site and Web site Materials
The Website, its design, images, and content are owned, operated
and are the exclusive property of Worldwide and contain copyrighted
material, trademarks, and other proprietary intellectual property.
Copyright law, trademark law and other intellectual property
and proprietary rights legislation or common law as well as
international copyright treaties and multilateral and bilateral
agreements protect this Web site. Unauthorized reproduction
of it, or any portion of it, may result in severe civil and
criminal law penalties. Worldwide shall enforce these intellectual
property rights to the fullest extent of the law.
3. Right to Use Website and Website Materials
You, as a user of this Website and the Website Materials may
use this Website and Website Materials for the sole purpose
of accessing Worldwide’s services and products. This
right to use is a non-exclusive, world-wide license. The right
to use the Website and Website Materials shall not constitute
any transfer of any right, title or interest in and to the
Website and Website Materials and such use shall not be considered
as granting, directly or indirectly, any license to use the
Website or Website Materials for any other purpose for the
user's benefit or the benefit of any third party without the
express written consent of Worldwide.
4. Restrictions on Use
(a) No information or material from the Website or Website
Materials may be reproduced, redistributed, republished, uploaded,
posted, transmitted in any manner whatsoever except for the
purpose specified in 3 above.
(b) You not use any information or material from the Website
or Website Materials for any other works including any and
all trademarks or copyright works and agree not to engage
in activities or provide information that infringes on any
third party copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy.
(c) You agree that you shall not acquire any right, title
or interest in the Website and Website Materials through use
of the Website and agree to abide by copyright and other proprietary
notices contained therein.
(d) You agree not to copy, transfer, transmit, sublicense
or assign or transmit the Website or Website Materials over
a network, by telephone or electronically using any other
means without the express written consent of Worldwide.
(e) You agree not to distribute to or otherwise disseminate
through the Web site any material or information of any kind
that is libelous, defamatory, obscene, pornographic, abusive
or otherwise violates any law or infringes or violates any
rights of any other person or entity, or contains a solicitation
of funds, advertising, or solicitation for goods and services.
(f) You agree not to engage in activities or provide information
that is false, inaccurate or misleading or to provide fraudulent
or involve sale of counterfeit or stolen items.
(g) You agree not to provide information or participate in
activities that will result in the transfer to our Website
of any viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs and other computer programming routines that may
damage, harm, interfere or expropriate any of our Website’s
systems, programs, content, information or applications.
(h) You agree not to bypass any measures that we have taken
to restrict access to our Website without our express written
consent and you shall not engage in activities that would
interfere with the operation of our Website or Website activities.
(i) You agree not to use any robot, spider, scraper or other
automated means to access our Website for any other purpose
than set out in 3 above without our express written consent.
(j) You agree not to impose an unreasonable load on our Website
infrastructure that would affect the operation of our Website.
5. Warranties and Representations
THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE
OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK OF USE OF THE
WEBSITE OR WEBSITE MATERIALS IS WITH YOU. WORLDWIDE DISCLAIMS
ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE AND WEBSITE
MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION
THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE
OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE,
OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE
CORRECTED. NO ORAL OR WRITTEN STATEMENT BY WORLDWIDE OR BY
A REPRESENTATIVE OF WORLDWIDE SHALL CREATE A WARRANTY OR INCREASE
THE SCOPE OF THIS WARRANTY. WORLDWIDE DOES NOT WARRANT OR
MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR
PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW
THE EXCLUSION OF SUCH IMPLIED WARRANTIES.
WORLDWIDE DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS
AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT,
PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT
OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND
WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED
ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE
OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
WORLDWIDESPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE
ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON
WEBSITES THAT LINK WITH THIS WEBSITE OR FROM THIRD PARTIES
WEBSITES.
6. Limitation of Liability
By using our Web site and Web site Materials, you assume all
liability and risk for use and absolve Worldwide of any liability
for use of the Web site and Web site Materials. Worldwide's
entire liability and the user's entire remedy shall be to
discontinue use of the Web site and Web site Materials. In
no event will Worldwide's liability to you extend to any lost
of profits, lost data, lost savings or other special, incidental,
economic, indirect or consequential damages arising out of
the use or inability to use the Web site or Web site Materials,
or for any claim by any other party, even if Worldwide has
been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WORLDWIDE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS
WEB SITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR ECLUSIONS MAY NOT APPLY TO YOU.
7. Indemnification
You agree to indemnify Worldwide from and against all claims,
liability and expenses, including legal fees and costs arising
from any unauthorized use of the Web site and Web site Materials
or from your breach of the Terms and Conditions of Use. You
agree to notify Worldwide immediately upon becoming aware
of any unauthorized use of the Website or Web site Materials
and take all reasonable steps to prevent subsequent unauthorized
use. Worldwide reserves the right, in its sole discretion
and at its own expense, to defend any such action or claim
and you agree to co-operate fully with any such defense.
8. Third Party Websites
This Website may contain links to third party websites. Worldwide
has no control over any third party websites and therefore
any use by you, the end-user, is at your sole discretion and
risk. Worldwide assumes no responsibility or obligations for
any such use of third party websites.
9. User Information and Privacy
Worldwide does not use our Website to collect any personal
information regarding users of the Web site but does collect
and retain information regarding your use of the Website.
Worldwide will not sell, rent or distribute such information
collected to any other third party. Please review our Privacy
Statement and Privacy Code to review how Worldwide handles
privacy issues on our Website. Our Website may use “cookies”
for the purposes of maintaining proper process sequencing
and information but Worldwide will not use “cookies”
to surreptitiously gather information from a user’s
computer. By using the Web site, you are authorizing Worldwide
to collect such information. To the extent that information
is collected regarding your use of the Website, you authorize
Worldwide to use such information for any purpose whatsoever
related to the business of Worldwide. Should you not wish
to give such authorization, then you must notify Worldwide
to the contrary by emailing us at .
Notwithstanding such notification, Worldwide reserves the
right at all times to disclose such information about your
use of our Website necessary to meet any law, regulation,
government request or court order. You acknowledge and agree
that Worldwide cannot ensure or guarantee your secure access
or privacy on our Website given that no transmission over
the Internet can be guaranteed to be 100% secure and as result
any use of the Website shall be at your sole risk.
NOTE: THE USE OF CERTAIN PRODUCTS OF WORLDWIDE MAY REQUIRE
THE COLLECTION OF PERSONAL INFORMATION OF THE USER, THE PROVISIONS
OF THE PRODUCT SPECIFIC TERMS OF USE OR LICENSE AGREEMENT
APPLY TO THE COLLECTION OF ANY SUCH PERSONAL INFORMATION.
10. Survival of Obligations
The obligations pursuant to the provisions of 2, 4, 6 and
7 survive the termination of these Terms and Conditions of
Use.
11. Termination
Your right to use this Web site and Web site Materials is
subject to your continued compliance with these Terms and
Conditions. This right shall terminate automatically without
notice should you breach of these Terms and Conditions. In
the event that these Terms and Conditions are terminated,
you agree to destroy all materials obtained by you from the
Web site and any and all copies thereof.
12. General Terms
Any disputes under these Terms and Conditions of Use shall
be governed by the laws of the Province of British Columbia
and laws of Canada where applicable, without giving effect
to any conflict of laws principles. You expressly consent
to the exclusive forum, jurisdiction and venue of the courts
of British Columbia and the Federal Court of Canada, or any
other jurisdiction or courts as may be determined by Worldwide.
In the event of a dispute
These Terms and Conditions of Use and any directions, policies,
rules or guidelines posted on the Web site shall constitute
the entire agreement between you and Worldwide.
Should Worldwide waive a provision or right under the Agreement,
such waiver does not constitute a waiver of any other provision
of the Agreement or any subsequent waiver of a right or provision
under this Agreement.
If any provision of this Agreement or any part of any provision
of this Agreement is held by a court of competent jurisdiction,
after appeals therefrom have been exhausted, to be unenforceable
then the remainder of this Agreement shall continue to be
of full force and effect.
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