Important Information
WebWilds User Agreement
Last Updated: February 2008
Welcome to WebWilds.com (the “Site”). We hope you will enjoy our Site and will
visit us often to play with your WebWilds puppets! So that you may fully enjoy our Site, we would like you to be
aware of the rules that will govern your use of the Site. As used in this User Agreement, “you” and “your” refers
to the use of the Site, and, if you are under age of majority, “you” and “your” includes your parents or legal
guardian. “We” and “us” refers to GLOBIO.
Please read this User Agreement carefully before using the Site. Once you agree to this User Agreement, you
will be granted access to the Site until your account expires, unless your access is terminated earlier for reasons
described in this User Agreement.
We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement
from time to time. Changes in the User Agreement will be signaled by a change in the “Last Updated” date at the beginning
of this document. If you do not agree to the amended User Agreement, you may not continue to use the Site. However,
please note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration
Period at the time of amendment.
By clicking on the “Agree” button, you specifically agree to this User Agreement. If you do not agree to
this User Agreement, please exit the Site.
Registration and Your Account
When you enter the site, you will be asked to register by making up a
username and password, and identifying your WebWilds’ secret code. Please DO NOT use personal information that can identify
who you are when choosing your username.
After providing us with your username, password and WebWilds’ secret
code, we will also collect answers about you and your WebWilds puppet that will help us identify you in case you forget your
password in the future.
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME, PASSWORD AND WEBWILDS’
SECRET CODE IN A SAFE PLACE OFFLINE. WE RECOMMEND YOU PRINT A COPY OF YOUR WEBWILDS’ INFORMATION FOR YOUR RECORDS.
We will use your username and password to identify you when you return to our Site. IF YOU FORGET YOUR USERNAME OR PASSWORD AND
LOSE YOUR SECRET CODE, YOU WILL NOT BE ABLE TO ACCESS THE SITE AND PLAY WITH YOUR WEBWILDS PUPPET.
Each time you purchase an additional WebWilds, your Registration Period will be reset at twelve (12) months from the date that you
register the new puppet on the Site. Registration Periods are not cumulative. For example, if you register two new WebWilds puppets
at the same time, your new Registration Period would be twelve (12) months from the date of activation of the new puppets, not
twenty-four (24) months.
This Site is designed for you to register all of your puppets using your original username and password. We strongly recommend
that you do register all of your puppets using your original username and password so that you can take full advantage of all of
the features that we have on the WebWilds site. If, by mistake, you register a new puppet using a different username and password,
a new account will be created. Accounts are separate. This means that you can only play with puppets and use other features of
the Site on an account-by-account basis. Renewing, extending or resetting one account does not renew, extend or reset any other
account that you may have on the Site.
Ownership of Intellectual Property and Restrictions on Use of Materials
All materials contained on the Site, including, without limitation, software, designs, texts, images, photographs, illustrations,
audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements and the selection and arrangements
thereof, and all marks (including but limited to trademarks, service marks, trade names, trade dress and patents – except those
noted as belonging to Folkmanis, Inc.), are the property of GLOBIO, its subsidiary and/or affiliated companies, third party licensors
and/or other respective owners (collectively the “GLOBIO Materials”, and are protected, without limitation, by U.S., and other
foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any GLOBIO Materials on any other website
or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy
and display the GLOBIO Materials for non-commercial purposes only on your own computer, provided that this license is limited to
the display of the GLOBIO Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin
content. Any attempts to access the GLOBIO Materials in a manner that obscures or blocks such adjoining visual elements is a
violation of the license granted hereunder. You may not use the GLOBIO Materials in a manner that suggests an association with any
of our products. You may not make any modifications to any GLOBIO Materials.
If you download software from the Site, the software, including any files, codes, images, and audio clips incorporated in or
generated by the software, and data accompanying the software (collectively, the ‘Software’) are licensed to you for your personal,
non-exclusive, non-assignable, non-transferable license. GLOBIO keeps full and complete title to the Software and all intellectual
property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the
Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution
under applicable laws.
Using the Site
The WebWilds site is provided by GLOBIO and is intended to be used in a safe and enjoyable fashion. Users of the Site must not:
1. Use the Site in such a way as to offend or interfere with the use by anyone else on the Site;
2. Sell, trade or barter any items earned through the Site;
3. Submit materials to the Site that violate any law, or in any fashion that infringe or interfere with the rights of others,
including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene
or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law
or regulation; (d) advocate illegal activity; (d) advertise or otherwise solicit funds or are a solicitation for goods or
services; or (f) are related as confidential under any contract or policy;
4. Attempt to circumvent the security systems of the Site;
5. Attempt to gain access to the Site in a fraudulent manner, including but not limited to using fraudulent puppet codes;
6. Attempt to use the Site in a fraudulent manner, including but not limited to, using cheat codes, exploits or access to the Site or puppets.
7. Attempt to gain access to any other users accounts;
8. Attempt to ascertain any other users password, puppet codes and/or personal information by any means whatsoever, including without limitation,
by use of the Site or any other website, or by e-mail communication;
9. Attempt to use the WebWilds site for any purposes other than those intended by GLOBIO, as determined by GLOBIO in its sole discretion; or
10. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy
or limit the functionality or disrupt any software, hardware, telecommunications, networks, services or other equipment.
WebWilds expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from the Site and/or freeze the account(s)
of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this
section entitled “Using the Site” Security.
You are completely responsible for maintaining the confidentiality of your username, password, puppet code, and account. IF YOU FORGET OR LOSE YOUR USERNAME
OR PASSWORD AND LOSE YOUR SECRET CODE, YOU WILL NOT BE ABLE TO ACCESS THE SITE. If you forget or lose your password please
refer to the “Registration and Your Account” section above.
You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized
use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
WebWilds/GLOBIO will not be liable for any loss or damage arising from your failure to comply with this section. You may be
required to change your password from time to time.
Privacy
Your privacy is important to WebWilds. We have a separate privacy policy about how we treat your information. To view or Privacy Policy,
please return to the Site’s home page and click the Privacy Policy link.
DISCLAIMER
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN ‘AS IS. AND ‘AS AVAILABLE. BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCGTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SIE.
WE DO NOT WARANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF
ANY MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE
THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY, AND/OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME,
PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.
INDEMNITY
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD WEBWILDS/GLOBIO, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE ‘WEBWILDS’ PARTIES.) HARMLESS
FROM AND AGAINST ANY AND ALL LIABLILITIES AND COSS, INCLUDING REASONABLE ATTORNEYS. FEES, INCURRED BY ANY OF THE GLOBIO PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR
ACCOUNTS(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR
SALE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE WEBWILDS/GLOBIO PARTIES SHALL BE LIABLE UNDER ANY
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBWILDS.COM SITE OR ANY OF THE MATERIALS OR FUNCTIONS AT THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONRACT, CIVIL WRONGDOINGS (INCLDUING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
EXCEED THE AMOUNT, IF ANY, PAID FOR YOUR WEBWILDS(S), OR USD $100, WHICHEVER IS LESS.
General Provisions
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with
respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then
that provision shall be deemed severed here from and shall not affect the validity and enforceability of the remaining provisions,
which remaining provisions shall continue in full force and effect.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, and the laws of the U.S.A.,
without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or
relating to this User Agreement shall be filed only in the courts of the State of Oregon, located in Portland, Oregon, U.S.A.,
and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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