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TERMS AND CONDITIONS
May 24, 2021
DEFINITIONS
1. worldcourts.com
and www.worldcourts.com are owned and operated by the owner of the
worldcourts.com domain.
2. In
the foregoing, all content or any part thereof made available on
worldcourts.com and www.worldcourts.com is referred to as the “Site”.
3. In
the foregoing, the owner of the domain is referred to as “WorldCourts”
and the Site visitor(s) are referred to as “You” or “User” or “Person”
or “Entity”.
4. The
headings in these Terms and Conditions Agreement are for the convenience
of the reader only and shall not affect the meaning or interpretation of
these Terms and Conditions.
YOUR AGREEMENT TO TERMS
5. By
accessing or using this Site in any way, you agree to abide by these
Terms and Conditions.
6. WorldCourts
reserves the right to change, modify, add or
remove parts of the Terms and Conditions at any time, at its own
discretion and without prior notice. Your
continued use of the Site after any such changes constitutes your
acceptance of the new Terms and Conditions.
7. By
using the Site, You confirm
that You have a capacity to form legally binding contracts under
applicable law. Without limiting the foregoing, minors may not use the
Site without proper parental consent.
8. If
You do not agree to these Terms and Conditions, You are
not given any license to the use the Site and are prohibited from using
it.
9. If
you do not agree to the changes, modifications, additions or
deletions, to the Terms and Conditions then you are not given any
license to the use the Site and are prohibited from using it.
YOUR LIMITED LICENSE TO USE THE
WEBSITE
10. WorldCourts
grants the User a nonexclusive, limited license to consult, download,
print and copy the materials contained on the Site for the User's personal
non-commercial use, subject to these Terms and Conditions, and
provided that the Site is identified as the source of the document. Any
income-generating use of any kind, whether direct or indirect, is
expressly prohibited.
11. Without
limiting the generality of the foregoing, You agree not:
a. to
distribute, reproduce, republish or retransmit the Site;
b. to
make derivative use of the Site;
c. to
modify the Site;
d. to
make the Site publicly available;
e. to
decompile, reverse engineer, disassemble the Site;
f. to
use any data mining, robots or similar data gathering and extraction
methods to access the Site;
g. to
rent, lease, loan, sublicense, assign, or transfer the License;
h. to
download, print or copy significant portions of the Site;
i. use
this Site for any purpose that is unlawful or prohibited by these Terms
of Service.
12. In
using the Site, You agree
to reference the Site as the source of the material, and to maintain all
notices contained in any content of the Site.
13. Except
as noted in these Terms and Conditions, the User is not conveyed any
right or license by implication, estoppel or otherwise in or under any
patent, trademark, copyright or
proprietary right of WorldCourts or any third party.
14. WorldCourts
has the right at any time and in its sole discretion to change or
discontinue the operation of the Site, and to do so without notice.
15. Notwithstanding
any of these Terms and Conditions, WorldCourts has the right, at any
time and in its sole discretion, to terminate any User’s license to use
this Site, and to prevent future use of the Site, and to do so without
notice.
16. Except
as noted in these Terms and Conditions, the User is not conveyed any
right or license by implication, estoppel or otherwise in or under any
patent, trademark, copyright or
proprietary right of WorldCourts or any third party.
17. The
restrictions on use of the Site as set forth in these Terms and
Conditions shall survive any termination of the license.
DAMAGES FOR BREACH OF THESE TERMS
AND CONDITIONS
18. The
User acknowledges that the User’s breach of these Terms and Conditions
will cause WorldCourts to incur substantial economic damages and losses
of types and in amounts which are impossible to compute and ascertain
with certainty as a basis for recovery by WorldCourts of actual damages,
and that liquidated damages represent a fair, reasonable and
appropriate estimate thereof.
19. In
lieu of actual damages for such breach, the User agrees that liquidated
damages may be assessed and recovered by WorldCourts as against the User
or any person liable, in law or equity, for the actions of the User, and
without WorldCourts being required to present any evidence of the amount
or character of actual damages sustained by reason thereof.
20. The
User and any person liable, in law or equity, for the actions of the
User, shall be liable to WorldCourts for payment of liquidated damages
in the amount of Ten Thousand Canadian Dollars (C$10,000) per each file
in respect of which the User breached these Terms and Conditions.
21. Such
liquidated damages are intended to represent estimated actual damages
and are not intended as a penalty, and the User or any person liable, in
law or equity, for the actions of the User, shall pay them to
WorldCourts without limiting WorldCourts’ right to.
NO REPRESENTATIONS
AND WARRANTIES
22. You
agree that use of the Site is entirely at your own risk. The site and
materials provided through or in connection with it, are provided "as
is" and “as available” basis, without warranty of any kind.
23. WorldCourts
does not warrant the accuracy, currency, quality, completeness,
correctness, timeliness or
usefulness of any part of the Site.
24. WorldCourts
makes no representations or warranties of any kind concerning the Site,
express, implied, statutory or
otherwise, including, without limitation, warranties of title,
merchantability, fitness for a particular purpose, non-infringement, or
the absence of latent or other defects, accuracy, completeness, or the
presence or absence of errors, whether or not discoverable.
25. This
site is maintained for information purposes only. The User is advised to
verify any information that is reproduced on the Site against original
documents.
26. Some
jurisdictions do not allow the exclusion of certain warranties, so some
of the above exclusions may not apply to You.
LIMITATION OF LIABILITY
27. WorldCourts,
its partners, agents, executives, directors, employees, contractors and
affiliates shall not be liable for any
loss, injury, claim, liability, or damage of any kind, in any way due
to, resulting from or
arising in connection with use of or inability to use the Site, whether
or not caused by breach of contract, tortuous
behavior, negligence, or by under any other cause.
28. WorldCourts,
its partners, agents, executives, directors, employees, contractors and
affiliates shall not be liable for any direct, indirect, incidental,
special, consequential, exemplary or punitive damages (including,
without limitation, legal fees) resulting from or arising in connection
with use of or inability to use the Site, in
any way due to, resulting
from or arising in connection with use of or inability to use the Site, whether
or not caused by breach of contract, tortuous
behavior, negligence, or by under any other cause.
29. You
hereby acknowledge that the foregoing
limitation of liability provision
shall apply to all content on the Site, and that it applies regardless
of whether WorldCourts has been advised of the possibility of such
losses and damages as listed above.
30. To
the extent the foregoing limitation of liability is prohibited or fails
of its essential purpose, liability
is limited to the fullest extent permitted by law, or $100.00,
whichever is smaller.
31. If
You are dissatisfied with the Site, Your sole
and exclusive remedy is to cease using it.
INDEMNITY
32. The
User agrees to defend, indemnify and
hold harmless WorldCourts, its partners, agents, executives, directors,
employees, contractors and affiliates from any claims and expenses,
including reasonable attorney's fees and court costs, arising out of or
related to the User’s use of the Site and the information herein
contained.
33. The
Site has been prepared for informational purposes only, is intended
solely as general guidance and is not legal advice.
34. The
Site does not create an attorney-client relationship. The Site is not
provided in the course of an
attorney-client relationship and is not intended to constitute legal
advice or to substitute for obtaining legal advice from an attorney
licensed in your jurisdiction.
LINKS TO THIRD-PARTY
SERVICES
35. This
Site contains links to websites not under WorldCourts’ control.
WorldCourts provides those links as a convenience for Users of the Site
and is not responsible for their contents. The presence of a link does
not imply endorsement or approval of its contents by WorldCourts or its
partners, agents, executives, directors, employees, contractors and
affiliates.
LINKING TO THE SITE
36. You
are granted a limited, nonexclusive right to create a hyperlink to this
Site provided such link does not portray WorldCourts or any of its
products and services in a false, misleading, derogatory or
otherwise defamatory manner. You may not use a WorldCourts logo or other
proprietary graphic or trademark of WorldCourts to link to this Site
without the express written permission of WorldCourts. This limited
right may be revoked at any time.
GOVERNING LAW
37. Use
of the Site is governed by the federal and provincial legislation in
force in the Province of British Columbia, Canada, and you hereby
consent and submit to the personal jurisdiction of such courts for the
purpose of litigating any such action.
38. Any
legal action against WorldCourts with regards to the Site shall be
brought before the courts of the Supreme Court of British Columbia in
the City of Vancouver, and you hereby consent and submit to the personal
jurisdiction of such courts for the purpose of litigating any such
action.
SEVERABILITY
39. If
any provision or provisions of these Terms of Service shall be held to
be invalid, illegal, unenforceable, or in conflict with the law of any
jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not be in any way affected or impaired
thereby.
40. These
Terms and Conditions constitute the entire agreement with respect to the
Site. WorldCourts shall not be bound by any additional provisions that
may appear in any communication with the User.
41. All
rights not expressly granted in these Terms and Conditions are hereby
reserved.
42. Any
information that is collected by WorldCourts and that does not identify
the User personally is non-confidential and is not subject to any
obligation of confidence on the part of WorldCourts. This includes, but
is not limited to, Your internet
protocol (IP), navigation through the site, software used, email
address, and time spent on the Site.
43. WorldCourts
reserves the right to use, process and disclose such data without
restriction at any time and its sole discretion.
44. WorldCourts
assume no responsibility for the security of this data.
45. WorldCourts
may preserve, disclose, or use data if required to do so by the law
applicable in any jurisdiction or in the good faith belief that doing so
is necessary to (a) comply with legal process; (b) enforce these Terms
and Conditions; (c) respond to claims that any content violates the
rights of third parties; or (d) protect the rights and property of
WorldCourts.
COPYRIGHT NOTICE
46. The
User acknowledges that the site is protected by copyright, neighbouring
rights, database rights, trademarks, trade secrets, other proprietary
rights and/or other applicable law, and that these rights are valid and
protected in all forms, media and technologies existing now or hereafter
developed.
47. The
compilation of materials gathered here by WorldCourts and the pages
holding them are protected by copyright, with the copyright held by
WorldCourts. The Site is copyrighted as a collective work under
copyright laws, and WorldCourts owns a copyright in the selection,
coordination, arrangement and
enhancement of such content.
48. Distribution
of these pages on the Internet does not constitute consent to any use
not authorized by the Terms and Conditions.
49. WorldCourts,
worldcourts.com, www.worldcourts.com and its logos are trademarks of
WorldCourts. Other products, brands, company names and the like are
trademarks of their respective owners. In addition, all page headers,
custom graphics, button icons and scripts are service marks, trademarks
and/or trade dress of WorldCourts, and may not be copied, imitated or
used, in whole or in part, without the prior written permission of
WorldCourts.
50. The
User may not reproduce or distribute content protected by copyright, or
other proprietary rights, without obtaining prior written permission
from WorldCourts.
51. Copyright
is not claimed as to any work of the United States government or other
materials that are in public domain, but WorldCourts does claim
copyright in markup, navigation apparatus, and other value-added
features of electronic editions of these publications.
52. Any
materials provided on the Site without permission from the copyright
owner(s) under the "fair use" doctrine may not be distributed for other
purposes without permission of the copyright owner(s).
PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
53. If
you believe that your work has been copied and is accessible on this
site in a way that constitutes copyright infringement, please notify
WorldCourts via email at admin@worldcourts.com by providing the
following information:
a. identification
of the copyrighted work claimed to have been infringed;
b. identification
of the allegedly infringing material on the Site that is requested to be removed;
c. your
name, address and an e-mail address, so that WorldCourts may contact
you, if necessary;
d. a
statement that you have a good faith belief that the use of the
copyrighted work is not authorized by the copyright owner, its agent, or
the law;
e. a
statement that the information in the notification is accurate, and
under penalty of perjury, that the signatory is authorized to act on
behalf of the owner of an exclusive copyright right that is allegedly
infringed; and
f. an
electronic or physical signature of the copyright owner or someone
authorized on the owner's behalf to assert infringement of copyright and
to submit the statement.
54. WorldCourts will remove any posted submission which infringes the copyright of any person under the laws of the Province of British Columbia upon receipt of such a statement.