Terms of Service Agreement
Last Updated: June 10, 2020
1. Acceptance of the Terms
Please carefully read the following.
These Terms of Service govern your access to and use of software including, but not limited to “DoVille,” “DoVille Wellness VR,” other DoVille ® branded softwares, services and websites (the “Services”) offered by Project Whitecard Inc. and Project Whitecard Digital Inc. in Canada and Project Whitecard International in North Dakota, USA (collectively known as “PWDI”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Service. By accessing or using the Services you agree to be bound by these Terms of Service.
2. Description of the Services
Subject to full compliance with the Terms of Service, PWDI may offer to provide the Services. Services shall include, but not be limited to, any service and content PWDI performs for you, as well as the offering of any materials displayed, transmitted or performed on the Website or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). PWDI may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. PWDI may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You must be 13 years of age or older to use the Services. By continuing to use the Services, you hereby represent to PWDI that you are 13 years of age or older. By using the Services, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 13 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your account may be deleted without warning if it is found that you are misrepresenting your age. Your account is solely for your personal use, and you shall not authorize others to use your account, including your personal information or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
Advertisers, or other PWDI partners, may employ a third-party measurement service for tracking the performance of an ad program. In these instances, we have no control over the information collected by the third party, and may not be held responsible for the actions of the third party measurement service where collected information is concerned. PWDI may use third-party advertising companies to serve ads when you visit the Services. These companies may use information (not including your name, address, email address or telephone number) about your visits to these and other Services in order to provide advertisements on the Services and other sites about goods and services that may be of interest to you. In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique “cookie” on your browser.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on the Services; or to protect our company. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-parties from illegally obtaining this information.
5. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The PWDI Services may be subject to United States export controls, and export controls of other jurisdictions. By downloading PWDI Content from the Services, you warrant that you are not located in any country, or exporting PWDI Content to any person or place, to which Canada, the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and Canada and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or PWDI Services or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the PWDI Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section 5 shall survive termination of this Agreement.
6. Accounts, Passwords, Security
During registration for an PWDI Services user account, you will select a Username and Password. Upon successful registration for a Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify PWDI of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. PWDI will not be liable for any loss or damage arising from your failure to comply with this Security clause.
You acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of PWDI.
All rights, title and interest in and to the Services (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by PWDI. The Services are protected by United States and international laws, and may contain certain licensed materials in which PWDI’s licensors may enforce their rights in the event of any violation of this Terms of Service agreement.
7. Modifications to the Services
PWDI reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that PWDI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8. Links and Framing
You may not link to or frame the Services, or any portion thereof, except as provided herein.
Without limiting other provisions contained in the Terms of Service, you may include a link(s) on your website to PWDI’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to PWDI Services any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
PWDI is concerned about the integrity of the Services when accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, PWDI does not permit activities such as bringing up or presenting content of the Services within another website (“framing”). In this regard, without limiting the provisions contained in our Terms of Service, you may not frame any web page from the Services. Further, you may not archive, cache, or mirror any Services or part thereof.
9. Code of Conduct
You agree that you will be personally responsible for your use of PWDI Services and for all of your communication and activity in using the Services, including any Content you contribute, and that you will indemnify and hold harmless PWDI, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Services, including any Content that you contribute.
You will violate the Terms of Service if you do any of the following:
Post, transmit, promote, or distribute Content that is illegal.
Harass, threaten, embarrass, or do anything else to another account holder or guest that is unwanted.
Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or, in a reasonable person’s view, objectionable.
Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
Impersonate another person (including celebrities), indicate that you are an PWDI employee or a representative of PWDI, or attempt to mislead users by indicating that you represent PWDI or any of PWDI’S partners or affiliates.
Attempt to get a password, other account information, or other private information from an account holder or any other user of the Services.
Upload any software or Content that you do not own or have the legal right to freely distribute.
Upload files that contain a virus or corrupted data.
Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of the Services.
Improperly use support or complaint buttons or make false reports to PWDI staff members.
You may not modify any part of the Services or any part thereof that PWDI does not specifically authorize you to modify.
You must obey all applicable laws, regulations and rules wherever you are on the Services. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable.
You may not post or communicate any person’s real-world personal information within the Services or through any of the Services Websites.
You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Services.
10. Submissions, Content
“Content” on PWDI Services may include software, technology, text and other audio visual material, and the design and appearance of our Services. Content may be provided by you or third parties, including other users of PWDI Services. PWDI does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to PWDI Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on PWDI Services.
Any information which is sent to the Services is deemed a grant to PWDI of a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology now known or hereafter developed. Further, PWDI shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the Content submitted, you warrant that you have received all necessary consents from the owner of such rights. PWDI reserves the right to edit, limit or remove any Content posted to the Services in its sole discretion.
11. No resale
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.
12. Disclaimer of Warranties / Limitation of Liability
To the maximum extent permitted by applicable law, you expressly agree that the use of PWDI Services, PWDI software, and the Internet is at your sole risk. PWDI Services, PWDI software, PWDI’s products and third-party services and products are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. PWDI provides the Services on a commercially reasonable basis and does not guarantee that you will be able to access or use PWDI Services at times or locations of your choosing, or that PWDI will have adequate capacity for PWDI Services as a whole or in any specific geographic area.
To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with PWDI or its licensors is to stop using PWDI Services, and to cancel your PWDI account. You acknowledge and agree that PWDI, its licensors and affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on PWDI Services or use of PWDI software. In no case shall PWDI or its licensors, affiliates’, employees’, officers’, or directors’ (collectively, “PWDI affiliates”) liability to you exceed the amount that you paid to PWDI for PWDI Services. In no case shall PWDI or PWDI affiliates be liable for incidental or consequential damages arising from your use of PWDI Services, PWDI software, the Internet or for any other claim related in any way to your use of PWDI Services or accounts. In those states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, PWDI’s and PWDI affiliates’ liability shall be limited to the full extent permitted by law. PWDI does not endorse, warrant or guarantee any third party product or service offered through PWDI and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
You will indemnify and hold harmless PWDI, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or PWDI User Identification, of any intellectual property or other right of any person or entity.
14. Governing Law
Except to the extent applicable law, if any, provides otherwise, this Terms of Service Agreement, and any access to or use of the Services is subject to the laws of the United States of America, of the State of North Dakota and of Canada.
You agree that PWDI, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Services, for any reason, including and without limitation, the lack of use, or if PWDI believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. PWDI may, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that PWDI may immediately deactivate or delete your PWDI account and all related information and files. PWDI reserves the right to bar any further access to such files or the Services. You agree that PWDI shall not be liable to you or any third-party for any termination of your access to the Services or part thereof.
16. Entire agreement
This Terms of Service Agreement constitutes the entire agreement between PWDI and you concerning the subject matter hereof, and the Terms of Service may only be modified by a written amendment signed by an authorized executive of PWDI, or by the posting by PWDI of a revised version.
The failure of PWDI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
17. Force Majeure
PWDI is not liable for failure to perform PWDI’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or Internet service.
You are not allowed to assign the Terms of Service or any rights hereunder. PWDI is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.
19. Copyright and Trademarks
The Content on the Services is protected under U.S., Canada and foreign copyright, trademark and other laws. All the Content is the property of PWDI, its content suppliers, or its affiliates. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. No copyright is claimed as to any material in the public domain, such as United States federal, state or local government information.
PWDI graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PWDI in the U.S. and Canada and/or other countries. PWDI’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
I have read and accepted the Terms of Service.