Vacation Forum Terms and Conditions
registering for the WorldMark Vacation Forum, you are agreeing
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.
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").
Requirements for Access
- The Forum is not intended for children under 13.
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.
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.
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
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.
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.
Forum Privacy Statement
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.
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.
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).
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.
- 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.
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.