WorldMark Vacation Forum Terms and Conditions

By registering for the WorldMark Vacation Forum, you are agreeing to the Minimum Requirements and Terms of Use for the WorldMark Vacation Forum; you are also accepting the WorldMark Vacation Forum Privacy Statement and the WorldMark Copyright and Trademarks Statement. You understand that if you do not agree to these terms of use and privacy statements, you should not register to use the WorldMark Vacation Forum.

Your use of the Vacation Forum, an online discussion board, (this portion is hereinafter referred to as the "Forum") is governed by the following Terms and Conditions and the Privacy Policy linked from this page. Together, these constitute an agreement between you and WorldMark The Club and The WorldMark Asia Pacific Club (collectively, "WorldMark").

1. Minimum Requirements for Access

2. Children - The Forum is not intended for children under 13.

3. Your Forum Membership - If you are accessing and using the Forum on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Forum resulting from such access or use. WorldMark reserves the right to refuse service and terminate accounts for any reason, at their sole discretion without prior notice.

4. Copyright and Trademarks

5. User-Posted Content - Users age 13 or older may post comments. However, when you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials ("User Content") on the Forum, you are entirely responsible for such User Content. You hereby grant WorldMark a worldwide, perpetual, freely transferable license to use, reproduce, store, sublicense, modify and display such User Content in any medium now existing or hereafter developed.

Neither WorldMark controls the User Content posted on the Forum and, as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Forum, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will WorldMark be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Forum.

You agree not to (i) transmit, upload, post, e-mail or otherwise make available User Content to the Forum that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) "stalk" or otherwise harass any third party; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (v) transmit, upload, post, e-mail, or otherwise make available any User Content to the Forum that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vi) transmit, upload, post, e-mail, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam;" (viii) intentionally or unintentionally violate any applicable local, state, national or international law; or (ix) collect or store personally identifiable data about other users.

You acknowledge that WorldMark does not pre-screen User Content, but that it has the right (but not the obligation) in its sole discretion to refuse or remove any User Content that is available via the Forum. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, WorldMark shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and they may terminate the accounts of any users who repeatedly infringe the rights of others.

6. WorldMark Forum Privacy Statement

7. Liability Disclaimer - ALL SERVICES AND INFORMATION CONTAINED ON THE FORUM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

WORLDMARK WARRANTS THAT THE INFORMATION AVAILABLE ON THE FORUM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WORLDMARK SHALL NOT BE HELD RESPONSIBLE FOR INACCURACIES OR ERRORS FROM USE OF RESORT AVAILABILITY AND RESORT RESERVATIONS OR WITH ANY OTHER SECTIONS OF THE FORUM.

YOU AGREE THAT WORLDMARK WILL BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE FORUM; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE FORUM; (v) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE FORUM, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (vi) EVENTS BEYOND THEIR REASONABLE CONTROL.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WORLDMARK WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WORLDMARK'S MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

8. Indemnification You agree to defend, indemnify and hold harmless WorldMark for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Forum. You also agree to indemnify and hold harmless WorldMark for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the infrastructure of the Forum.

9. General - WorldMark reserves the right to modify the Terms and Conditions from time to time at its sole discretion by posting the changes on the Forum. Any changes are effective immediately upon posting to the Forum. Your continued use of the Forum constitutes your agreement to all such terms and conditions. WorldMark may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Forum.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and WorldMark. Any failure by WorldMark to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall their waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. WorldMark may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, their original objectives and intent as reflected in the original provision.

© 2005 - Wyndham Resort Development Corporation. All rights reserved.
WorldMark® is a federally registered service mark of Wyndham Resort Development Corporation.