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Webdweller

Web Site Terms and Conditions of Use

WEBDWELLER’s Terms and Conditions

Last updated: June 22, 2010

These terms and conditions of services (hereinafter referred to as the “Terms of Use” or “Agreement”) are applicable to your access to the www.webdweller.com (The “Site”) or to any application created by WEBDWELLER through social network sites or plug-ins through any participating website (hereinafter referred to as the “SERVICE”) and to your use of the services offered on the Site. WEBDWELLER- 9198-7412 Quebec Inc. (“WEBDWELLER”) is the owner and operator of the services offered on the Site.

PLEASE READ ALL THE TERMS OF USE LISTED BELOW CAREFULLY. By registering for and/or using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site or Service, including users who are also contributors of content, information and other materials or services on the site.

Acceptance Of Terms

Use of the site is subject to acceptance without modification of all of the terms and conditions herein (the “Terms of Use”), which terms also incorporate Webdweller’s Privacy Policy, Webdweller’s Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Webdweller, each of which is incorporated by reference and each of which may be updated by Webdweller from time to time without notice to you. If you do not agree to these Terms of use, you may not access or otherwise use the Site.

Modification Of Terms Of Use

Webdweller reserves the right, at its sole discretion to modify or replace any of the Terms of Use, or change, suspend, discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Webdweller may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Conditions

The Site is intended for the promotion of brands, advertisements and products (hereinafter referred to as “items”). WEBDWELLER acts solely as an intermediary between the provider of the information and items (hereafter the “Provider”) and the user of the information and items (the “User”). Therefore, WEBDWELLER has no control over the quality or legality of the information and items displayed on the Site, over the truth or accuracy of the information and over the ability and capacity of the Provider to generate and share such information.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service and/or earning rewards of influence points, you may be required to register with Webdweller with your name or by using your Facebook ID through Facebook Connect (“User ID”) and select a password . You shall provide Webdweller with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Webdweller account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Webdweller reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Webdweller password. You shall never use another user’account without such other user’s express permission. You will immediately notify Webdweller in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Webdweller’s control, and you acknowledge that Webdweller is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Webdweller or any association with its operators. You acknowledge and agree that Webdweller shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such website or resource.

User Submissions

You understand that all the information that you share or use on the Site is your sole responsibility and that you are entirely responsible for such information. You understand that WEBDWELLER is not responsible for the information that you make available or use on the Site. WEBDWELLER acts only as a communication channel for the dissemination and online publication of information and promotion of items.

You are responsible for all your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forums comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Webdweller or its partners on or through the Service.

You acknowledge that by submitting User Submissions on the Site or otherwise, you are publishing that User Submission and that you may be identified publicly by your User ID in association with any such User Submission.


Restrictions on Activities

Your activities on the Site shall in no case:

  1. be false or misleading;
  2. be fraudulent;
  3. violate the rights of any third party, including its copyrights and trade-marks, right of publicity or other right of any other person or entity
  4. violate any law, statute or regulation, including, without limiting the generality of the foregoing, those relating to consumer protection and unfair competition;
  5. be defamatory, illegal, obscene,offensive, profane or vulgar or infringing upon the privacy of a third party;
  6. contain a virus, Trojan horse, spider, worm, time bombs, cancelbot, scanning engine, or any other program that could damage, impair, illegally intercept or take control of a system, data or personal information or otherwise restrict the proper functioning of the Site or of the equipment needed to ensure the proper operation of the Site;
  7. engage WEBDWELLER’s liability or cause the loss of services from its Internet service providers or other suppliers;
  8. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
  9. involves commercial activities and/or sales without Webdweller’s prior written consent such as contests, sweepstakes, barter or pyramid schemes.
  10. include personal or identifying information about another person without that person's explicit consent;
  11. constitute a breach of any contractual, confidentiality, fiduciary or loyalty obligations that you may have toward any person, including your employer.
  12. impersonates any person or entity, including any employee or representative of Webdweller.

You further agree not to (i) post irrelevant information, (ii) repeatedly post the same or similar information or otherwise impose an unreasonable or disproportionately large load on WEBDWELLER’s infrastructure; (iii) bypass any measures Webdweller may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service, (iv) run any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly (i) decipher, compile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, nation and international laws and regulations.

Should you not feel comfortable to share or use the information on the Site, you are requested not to share or use such information and leave the Site

Rewards points and exclusive offers

The user will receive rewards points for his participation that can be redeemed for products or that can be offered to a cause or a friend of the user’s choice. The user will also be attributed a score of influence based on his real or potential influence on other users who may, or may not, be influenced to “stamp” the same items than the User. A score of influence of a user may, or may not, from time to time, give the user access to exclusive offers provided by Webdweller or by the participating brands and advertisers to Webdweller.. The user can decide to accept or refuse, at his sole discretion, these exclusive offers.

WEBDWELLER is under no obligation to provide Users with any particular number of Point-earning opportunities or send messages to them.

Corporations or other business entities are not eligible to become Users.

Webdweller allows only one email address per User and only one shipping address for rewards delivery per User.

Users agree not to abuse WEBDWELLER reward program and privileges by conduct which is detrimental to the interests of WEBDWELLER, including without limitation attempting to accrue points or spend points in a manner inconsistent with the rules of WEBDWELLER or intent of this Agreement, having multiple accounts, attempting to earn points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with WEBDWELLEER award links, etc.

WEBDWELLER shal be the sole determiner in cases of suspected abause, fraud, or violation of its rules and any decision it makes relating to termination of user’s account (including cancellation of Points) shall be final and binding.

WEBDWELLER reserves the right to adjust your points balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your WEBDWELLER account.

Points may be spent only on rewards as offered through Webdweller at the time of redemption.

Points have no cash value.

WEBDWELLER is not responsible for lost or stolen rewards once issued.

Rewards are subject to change at any time without notice.

The number of points required to redeem for a reward are subject to change at any time without notice.

Webdweller reserves the right to cancel or disable accounts and expire unredeemed points in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response, profile update, items stamping or any point earning or spending transaction.

User agrees to promptly notify WEBDWELLER of any change in User’s address (mail or email) or personal profile by updating his or her personal information in the My Profile section of the website under My Account. User’s discontinued participation in WEBDWELLER or failure to notify WEBDWELLER of any address (mail or email) or profile changes may result in the termination of User’s membership and forfeiture of User’s unredeemed points.

Additional Limitations

You acknowledge that WEBDWELLER may establish limits concerning use of the Site, including the maximum number of days that the information will be retained on the Site, the maximum number and size of postings, or the frequency with which you may access the Site. You acknowledge that WEBDWELLER reserves the right to limit the number of rewards or influence points you can receive daily from your stamps or from repetitive stamps on the same items. You agree that WEBDWELLER has no responsibility or liability for the deletion or failure to store any information maintained on the Site. You acknowledge that WEBDWELLER reserves the right at any time to modify or discontinue the services (or any part thereof) provided on the Site with or without notice, and that WEBDWELLER shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.

Eligibility Criteria of the Site’s Users

The services offered through the Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, WEBDWELLER’s services are available only to persons aged 13 and over. If you are under the age of 13, you can use the Site only with the permission and under the supervision of your parents or your legal guardian.

Children between the Ages of 13 and 18

Users of age of 13 to 18 will not be proposed to stamp any item related to alcohol or to any other item usually intended for adults. Children between the ages of 13 and 18 will not be allowed to add to their stamps to any of the items related to alcohol or any other item usually intended for adults.

Termination

You agree that WEBDWELLER, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any information provided on the Site, for any reason, including, without limitation, if:

  1. you violate the Terms of Use or the Privacy Policy reproduced on the Site at the following address: www.webdweller.com;
  2. if WEBDWELLER is unable to verify the information that you provide or that this information incorrect;
  3. if WEBDWELLER believes that your actions or omissions are likely to cause financial loss or engage WEBDWELLER’s liability.

You further agree that WEBDWELLER shall not be liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination

Privacy

WEBDWELLER will not communicate personal information about you to third parties without your express consent and will divulge such information solely in accordance with its Privacy Policy reproduced on the Site. WEBDWELLER invites you to consult that Privacy Policy for complete details of WEBDWELLER’s commitment to protecting your privacy and your personal information.

Disclaimer And Limitation Of Liability

WEBDWELLER does not guarantee the quality, accuracy, completeness or timeliness of the Information CONTAINED ON THE SITE. Information contained on the Site may contain errors. Access to the Site is provided on an “as is” basis. You should not assume that your use of the Site will be error free or that the Site will operate without interruption. Webdweller disclaims all warranties, representations and conditions regarding THE use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

IN NO EVENT WILL WEBDWELLER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBDWELLER will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Webdweller’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Discharge

Since the Site is merely a website serving as an intermediary in the context of transactions between the Provider and the User, in a dispute between two or more users, you release, discharge and hold harmless WEBDWELLER, its officers, directors, shareholders, agents, employees, subsidiaries and affiliates from any and all liability and/or damages arising in connection with or resulting from any claim or demand relating to such dispute.

Indemnity

You hereby agree to indemnify, defend and hold harmless WEBDWELLER and its subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers and partners, from any and all third party claims, liability, damages or costs arising in connection with or resulting from your misuse of the Site, your violation of these Terms of Use or your infringement of any intellectual property or other right of WEBDWELLER or any person.

Trade-Marks And Copyrights

The trade-mark WEBDWELLER and Stamp it! and Dwellometer as well as the logos associated with these trade-mark, are owned by WEBDWELLER. Any use of these trade-mark is strictly prohibited without the prior written consent of WEBDWELLER. In addition, all names and trade-marks owned by third parties and appearing on the Site are the property of their respective owners.

The Site, the design and appearance of the Site are protected by copyright © 2009, WEBDWELLER. ALL RIGHTS RESERVED. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without the prior written permission of WEBDWELLER is expressly prohibited.

Unless otherwise agreed to in writing by WEBDWELLER, all information provided by you becomes the exclusive property of WEBDWELLER and you hereby assign and transfer to WEBDWELLER all your rights, title and interests, including your intellectual property rights, in such information, the whole without restriction of any kind. You further waive all the moral rights that you may have in such information. You expressly consent to the unrestrained use of all such information by WEBDWELLER.

Your assignment and waiver of rights in all such information does not apply to personally identifiable information which is handled by WEBDWELLER in accordance with the Privacy Policy of the Site.