WSE Terms of Service

Date of Last Revision: Thursday 31st July 2008, 31/07/2008

Key Information about the World Stock Exchange Service: (Please read the full Terms of Service below)

  • World Stock Exchange is a service Hope Capital Pty. Ltd. ACN 109 245 892, Australia.

  • Membership to the Site and Services are free and there is no monetary charge to use the World Stock Exchange service.

  • The World Stock Exchange (WSE) operates using Fictional Currency called the World Internet Currency (WIC, WICS, W$) provided by WIC Exchange Pty. Limited., Australia located at http://www.wicexchange.com. Users of the World Internet Currency are subject to the Terms of Service of WIC Exchange.

  • This Site is intended solely for users who are thirteen (13) years of age or older. You must be at least 13 years of age to participate in the Site and Service.

  • The World Stock Exchange is not a securities exchange or banking service and does not provide any real, legally approved or recognized financial products, services, investments or investment opportunities.

  • To use the Site and Services provided by Hope Capital, all Users must abide by these Terms of Service, Policies & Procedures, Market Rules and Listing Rules

  • All content throughout this Site and Service or on approved software and applications located on the third party website platforms including offers, prices, account balances, historical, other values and data have been developed and are provided for educational and entertainment purposes in a simulated environments, hold no monetary or barter value and are not a legally recognized asset, investment or financial product, therefore no product or service provided by this Service and Site is a legally recognized or approved financial product or service, investment or investment opportunity.

  • Fictional services (Fictional) on the WSE are a creation in a simulated environment for game purposes only and are without basis in reality and hold no legal monetary, barter or asset value. Fictional Services are not a legally recognized asset, investment or financial product, therefore no product or service provided by this Service and Site is a legally recognized or approved financial product or service, investment or investment opportunity.

  • Hope Capital may choose to charge fees to use the Site and Services. Your continued use of the Site and Service after Hope Capita or its affiliates sends notice of such Fee or changes shall constitute your agreement to pay any current, future or revised Fees.

  • Hope Capita may, but is not obligated to, review the User Content and may edit, delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgement of Hope Capital violates this Agreement.

  • We do not guarantee access to or use of this website, the Site and Service. We do not guarantee that services will be uninterrupted or error free.

  • We may discontinue providing, temporarily or permanently, any or all of the web site, content and services, without advance notice or reason.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USE OF THIS WEB SITE AND THE RELATIONSHIP BETWEEN YOU AND HOPE CAPITAL PTY. LTD.

1. ACKNOWLEDGEMENT

The World Stock Exchange service (collectively, "World Stock Exchange", "WSE" or "the Service") is owned and operated by Hope Capital Pty. Ltd. ACN 109 245 892, Australia (collectively, "us", "we" or "the Company"). By visiting, accessing or using our web site located at http://www.wselive.com or approved WSE software and applications located on the third party website platforms thereof (together the "Site"), you (the "user", "participant"and "visitor") signify that you have read, understand and agree with and to be bound by all the terms and conditions contained in these WSE Terms of Service ("Terms of Service", "TOS" or "Agreement"), including your compliance with the policies and terms linked to this agreement (by way of the provided URL's) whether or not you are a registered user of World Stock Exchange. We resolve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree with and abide by these or any future WSE Terms of Service, do not use or access (or continue to use or access) the Service or the Site.

2. ELIGABILITY

Membership in this Site and Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. You must be at least 13 years of age to participate in the Site and Service. If you reside in a jurisdiction where the age of majority is greater than 18 years of age, you are prohibited from accessing the Site and Service until you have reached such age of majority. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site and Service or the Site, you represent and warrant that (I) you are 13 or older; (II) you have read, accepted and agree with all of the terms and conditions of this Agreement; (III) your parent or legal guardian has consented to you having an Account for participating in the Site and Service, and to providing your personal information for your Account; and (IV) your parent or legal guardian has read and accepted this Agreement.

The Company cannot absolutely control whether minors gain access to the Site and Service, and makes no representation that users are not minors. The Company cannot ensure that other users of the Site and Service will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable

3. THE SERVICES

Service Provided

"World Stock Exchange" is a fictional securities exchange and banking role playing game providing Users with a simulated securities exchange, trading and banking environment for educational and entertainment purposes, including the Site and Service provided to you by Hope Capital.

Fictional Services
You acknowledge that all "Fictional" services provided by the Company on the Site and Service are a creation in a simulated environment for entertainment and educational purposes that are without basis in reality, not real, hold no monetary or barter value and are not a legally recognized asset, investment or financial product, therefore no product or service provided by this Service and Site is a legally recognized or approved financial product or service, investment or investment opportunity.

Fictional Currency
The World Stock Exchange (WSE) operates using Fictional Currency called the World Internet Currency (WIC, WICS, W$) provided by WIC Exchange Pty. Limited., Australia located at http://www.wicexchange.com. Users of the World Internet Currency are subject to the Terms of Service of WIC Exchange.

You acknowledge that fictional currency is used on the Site and Service as a game token and holds no monetary or barter value.

You acknowledge that the Service presently includes a fictional Internet currency ("Fictional Currency", "World Internet Currency", "WIC", "WICS", "Virtual Currency"), which constitutes a limited license right that is subject to the WIC Exchange Terms of Service located at http://www.wicexchange.com/tos.php

Service Content
The Company is a service provider, which means, among other things, that the Company does not control various aspects of the Site and Service.

All content throughout this Site and Service or on approved software and applications located on the third party website platforms including offers, prices, account balances, historical, other values and data have been developed and are provided for educational and entertainment purposes in a simulated environments, hold no monetary or barter value and are not a legally recognized asset, investment or financial product, therefore no product or service provided by this Service and Site is a legally recognized or approved financial product or service, investment or investment opportunity.

You acknowledge that the Company is a service provider that may allow people to interact online regarding topics and content chosen by users of the Site and Service, and that users can alter the Site and Service environment on a real-time basis. The Company may but generally does not regulate the content of communications between users or users' interactions with the Site and Service. As a result, the Company has limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site and Service.

Content available in the Site and Service may be provided by users of the Site and Service, rather than by the Company. The Company and its affiliates have rights in their respective content, which you agree to respect.

You acknowledge that: (i) by using the Site and Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Site and Service (all such independent content providers, "Content Providers"). The Company does not pre-screen Content.

You acknowledge that the Company and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Site and Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from the Company.

The Site and Service is subject to scheduled and unscheduled service interruptions. All aspects of the Site and Service are subject to change or elimination at the Company's sole discretion.

The Company reserves the right to interrupt the Site and Service with or without prior notice for any reason or no reason. You agree that the Company will not be liable for any interruption of the Site and Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of any current or future fees for interruption of Site and Service or failure to perform. The Company has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and Service as it sees fit in its sole discretion.

In the event you choose to use paid aspects of the Site and Service, you agree to the posted pricing and billing policies on the Website.

Certain aspects of the Site and Service may be provided for a fee or other charge. These fees and charges will be described on the Website and provided in advance of any future charges or fees, and in the event you elect to use paid aspects of the Site and Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://www.wselive.com/about.php. The Company may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.

Security, Systems and Data
Use of this site is restricted to authorized persons only. Actual or attempted unauthorized use of this site shall result in criminal or civil prosecution by the Company or its affiliates. The Company and its affiliates reserve the right to view, monitor and record activity without notice to or permission from you. Any information obtained as a result of such monitoring, viewing or recording is subject to review by law enforcement organizations in connection with investigations or prosecutions of possible criminal activity on the Site or Service. The Company and its affiliates will also comply with all court orders involving requests for such information.

You hereby agree that the Company and its affiliates are not responsible or liable for any harm arising out of corrupted, distorted or erroneous data resulting from data transfer with third parties or third-party products or services, and that the Company will not be responsible or liable if you mishandle, alter or improperly use or store any Information, Data, Product or Service associated with the Site. You also hereby agree that you are solely responsible for:
* The security and maintenance of your computer system and data, including without limitation (i) creating fire walls and taking similar protective measures to prevent unauthorized access to your computer systems, software and data or infiltration of your computer systems, software and data; and (ii) creating, storing and updating any necessary back-up or archival copies of data as needed in case of system failure (including without limitation creating sufficient backups and fully documenting your account information); and the functionality and adequacy of any third-party software or other analytical or related tools that you may choose to employ with the Site.

You acknowledge and agree that the Company, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Site and Service. The Company may share general, demographic, or aggregated information with third parties about our user base, Site and Service usage, but that information will not include or be linked to any personal information without your consent.

Password Protected Areas
Some areas of the Site and Service ("Password Protected Areas") are password protected and available only to Users who are registered with World Stock Exchange to have an account. Registration requires Users to fully complete the account registration process. The Company reserves the right to deny or revoke registration or access to Password Protected Areas for any User. The Company takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from the Company and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. The Company will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password.

Payments
The Company and its affiliates reserve the right to charge fees (the "Fees") for use of the Site and Service. In the event the Company and its affiliates charges Fees, the Fees may change from time to time. Your continued use of the Site and Service after the Company or its affiliates sends notice of such Fee changes shall constitute your agreement to pay the revised Fees charged by the Company and its affiliates.

You hereby agree to pay all costs (including reasonable attorneys' fees) incurred by the Company and its affiliates in order to collect any overdue Fees owed by you to the Company or its affiliates. You also hereby agree to pay any Fees that may be assessed against you by the Company or its affiliates in connection with any products, services or information ordered by you through this site.

No Individual Investment Advice
You hereby agree that this Site and Service provided by the Company is designed for educational and entertainment purposes and does not provide real individual or customized legal, tax, or investment services. A qualified professional should be consulted before making financial or investment decisions relating to all legally recognized financial products or services which may involve assets of a real monetary or barter value.

Internet Access
The Company does not provide Internet access, and you are responsible for all fees associated with your Internet connection.

4. ACCOUNT REGISTRATION

Account Registration
You must establish an account with the Company (your "Account") to use the Service, except for those portions of the Site to which the Company allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form, account update form or registration process ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may establish an Account with Registration Data provided to the Company by a third party through the use of a WSE application on a third party platform through the use of an API (Application Program Interface), in which case you may have a separate, additional account relationship with such third party. You authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. The Company reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or terminate your Account registered at any time or in the event that your information, including your email address, is no longer current or contains inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that the Company cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.

You must create an account name to identify yourself to the Company and other users (your "Account Name"). You may not select or use as your Account Name the name of another person to the extent that could cause confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of the Company; or a name which the Company deems in its discretion to be vulgar or otherwise offensive. the Company reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name. You must provide your personal e-mail address ("User Email") to login and have access to your Account and the Site, and to identify yourself to the Company.

At the time your Account is opened or during the registration process, you must select and assign a password to your Account. You are responsible for maintaining the confidentiality of your password and are responsible for any changes, breaches or access by any person to your Account or Account Name resulting from your disclosure, or authorizing the disclosure of, your password. At no time should you acknowledge or respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.

Account registrations are limited per unique person. Transfers of accounts are generally not permitted. The Company may require you to submit an indication of unique identity in the account registration process; e.g. User Email Address, SMS message code, credit card or other information requested by the Company ("User Identification"). When an account is created, the information you provide for the Account must match the e-mail address, and/or other unique identifier information associated with the identification method. You may register multiple accounts per identification method only at the Company's sole discretion. A single Account may be used by a separate legal entity at the Company's sole discretion and subject to the Company's requirements.

You hereby agree to immediately notify the Company by submitting details using our web form on the contact page located at http://www.wselive.com/info/contact if you become aware of; (I) any loss or theft of your Account Name, User Identification or Password; (II) any unauthorized use of your Account Name, User Identification and Password or access to your Account. You must visit the Site immediately and change your password using the Change Password feature. If you allow any other person access to your Account, the Service and the Site through your Account Name, User Email, User Identification or Password, you hereby agree to defend and indemnify the Company, its affiliates and any independent contractor engaged by the Company to assist in moderating and operating the Service or otherwise, against any liability, costs or damages arising out of claims or suits by third parties based upon, or related to, such access and use by such other person.

Cancellation
Accounts may be canceled by you at any time by submitting a request for cancellation on the contact page at http://www.wselive.com/info/contact. Upon receipt of your cancellation request, your Account will be canceled within 48 hours.

Termination
The Company has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the service without notice or liability to you. In the event that the Company suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund, payment or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

In the event an Account is suspended or terminated for your breach of this Agreement (in each case as determined in the Company's sole discretion), the Company may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts. The Company reserves the right to store and archive all information, content and data associated with any suspended or terminated Account for research and development, statistical analysis or to be made available to law enforcement agencies and the justice system as a result of a court order.

5. CONDUCT BY USERS

Hope Capital has established a set of rules, policies and procedures called the Market Rules and Listing Rules (collectively, “Game Rules”) that govern how the User must behave when interacting with other users and participating in the Service.

You agree to abide by these Terms of Service, policies, procedures and rules of conduct, including the WSE Market Rules located at http://www.wselive.com/info/mrules and the WSE Listing Rules located at http://www.wselive.com/info/lrules to ensure a high standard of service for all users participating in the role-playing game and to prohibit illegal and other practices that Hope Capital deems negative, harmful or unlawful.

You understand that using the Service or Site for an illegal purpose or to upload, post, email or otherwise transmit content that (I) infringes or violates any third party rights; (II) impersonates any person or entity without their written consent or falsely state or misrepresent your affiliation with another person or entity; (III) transmit content that violates law or regulation; (IV) is unlawful, terrorism related activities, harassing, libelous, invasive of another persons privacy, harmful, threatening, abusive, causes tort, defamatory, malice, slanderous, racially or ethnically objectionable, vulgar, obscene or otherwise objectionable; (V) contains any viruses, Trojan horses, worms, spy ware, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (VI) would violate any right or duty under law that would violate any right or duty under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements); (VII) would transmit any unsolicited or unauthorised advertising, or promotional materials, that are in the nature of junk mail, Spam, chain letters, pyramid schemes, or any other form of solicitation that Hope Capital considers at its sole discretion to be of such nature; (VIII) interferes with or disrupts the Service, the Site, servers or networks connected to the Service or breach any requirements, procedures, policies or regulations of networks connected to the Service; (IX) attempts to gain access to any other user's Account, User Information or Password; may result in the removal of any content you submit and contribute to the Service and/or the suspension or termination of your Account at the sole discretion of Hope Capital.

You agree to use the Service as provided, without unauthorised software or other means of access or use. You will not make unauthorised works from or conduct unauthorised distribution of the Site.

Hope Capital has designed the Service to be experienced only as offered by Hope Capital at the websites or partner websites. Hope Capital is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Hope Capital. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Services without the express written permission of Hope Capital. Hope Capital is not obliged to allow access to the Servers by any software that is not provided by Hope Capital, and you agree to cease using, creating, distributing or providing any such software at the request of Hope Capital. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load or bandwidth demand on Hope Capital's infrastructure.

You may not charge any third party for using third party software designed to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the Site, or create any derivative works of the Site or the Service, or otherwise use the Site except as expressly provided in this Agreement.

6. LICENSE , PROPRIETARY RIGHTS AND INTERLECTUAL PROPERTY TERMS

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, data, information, applications, software, music, other files, and their selection and arrangement (the “Content”), are the proprietary property of Hope Capital, its users or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Hope Capital's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

License to Use Content

Provided that you are eligible for use of the Site and Service, you are granted a limited license to access portions of the Site , Service and Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site and Service or the Content other than as specifically authorised herein, without prior written permission of Company, is strictly prohibited and will terminate the license granted herein.

Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statues. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppal, implication or otherwise. This license is fully revocable at any time without notice and without cause at the sole discretion of Hope Capital.

Trademarks and Copyright

WORLD STOCK EXCHANGE, WSE, HOPE CAPITAL, HC, and other company graphics, logos, designs, page headers and service names are registered trademarks, trademarks or trade dress of Company in Australia and/or other countries. Company'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 and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hope Capital. Without a written license agreement, Hope Capital does not authorise you to make use of its trademarks.

You acknowledge that by using and accessing the Site and Service or by submitting and posting User Content and communications to the Site and Service, no confidential fiduciary, contractually implied or other relationship is created between you and Hope Capital or its affiliates.

7. CONTENT

User Content - Content Posted on the Site by Users

You are solely responsible for the photos, messages, images, announcements, reports, research results, analysis, opinions, notes, text, information, music, video, advertisements, listings, and other User Content that you submit, upload, publish, or display (hereinafter, “post”) on or through the Service or the Site, or transmit to share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create, or that you do not have permission to post. You understand and agree that Hope Capital may, but is not obligated to, review the User Content and may edit, delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Hope Capital violates this Agreement, the Market Rules or Listing Rules. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site and Service or provide to Hope Capital.

When you post User Content to the Site and Service, you authorise and allow us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site and Service. By posting User Content to any part of the Site and Service, you automatically grant, to Hope Capital an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site and Service or the promotion, thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grand and authorise sub-licenses of the foregoing. If we choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Hope Capital may retain archived copies of your User Content. Hope Capital does not assert any ownership over your User Content; rather , as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Site and Service, you do not own the account you use to access the Site and Service, nor do you own any data Hope Capital stores on Hope Capital and its affiliates servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Site and Service or any rights to data stored by or on behalf of Hope Capital.

Site and Service Content

The content available through the Site and Service (including without limitation HTML code, Source code, Ruby code, Ruby on Rails code, Java Applets, Adobe Flash files) is the property of Hope Capital and its licensors, and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You hereby agree that all Content located on the Site and Service is the sole property of Hope Capital. You hereby agree that Hope Capital shall not be liable for any errors delays in the content or any information provided through the Site and Service.

No Confidentiality
You hereby agree that any information transmitted to, from or through the Site and Service is not confidential and you acknowledge that you have no expectation of privacy with respect to such information. You agree that the Company, its affiliates and its marketing partners shall not be liable for any direct, indirect, special, incidental or consequential damages caused by the unauthorized use or misappropriation of any and all information that you transmit on the Site and Service. See Privacy Policy for further details located at http://www.wselive.com/privacy.php

Viruses
The Company does not guarantee that files available for downloading through the Site and Service will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output.

Advertisements, Links and Third Party Content
The data published at the Site and Service is for informational and entertainment purposes only. We make every effort to screen any advertisers and sponsors (collectively "Advertisers"), the Company does not endorse or recommend the products or services of any advertiser. The advertiser you select is solely responsible for its products and services to you, their customer. We are not responsible for the claims or representations made by advertisers and sponsors. We do not endorse or recommend any products or services of any third party mentioned on the Site and Service. We will not be liable in any way for the damages of any kind resulting out of the misuse or any personal information or data submitted by you to an advertiser or sponsor. The Company cannot be responsible in any way for any material you encounter and we exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.

Communications
The Company and its related parties can and will from time to time communicate with the user via all forms of electronic communication including sending email in html/plain text format with possible attachments to a Users email address, instant messaging account from instant messaging service providers and using notecards in a virtual world to provide any information relating to your account and the services provided on this website or by the Company. When you visit our web site or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. The Company will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of the Company, its customers, suppliers and Users.

8. PRIVACY POLICY

This web site may collect personal information from Users. Because the Company respects the privacy of its Users and their personal information, it has established a Privacy Policy located at http://www.wselive.com/privacy.php to protect your personal information provided during the registration or account detail update process ("Registration Data").

You hereby certify that you have read the "Privacy Policy" and agree to the terms and conditions included therein.

9. RELEASES, DISCLAIMERS OF WARRENTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

As a condition of access to the Service, you release the Company (and the Company's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Site and Service. You further understand and agree that: (a) the Company will have the right but not the obligation to resolve disputes between users relating to the Service, and the Company's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent the Company elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgements regarding legal issues or claims; (c) the Company's resolution of such disputes will be final with respect to the Site and Service but will have no bearing on any real-world legal disputes in which users of the Site and Service may become involved; and (d) you hereby release the Company (and the Company's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Company's resolution of disputes relating to the Service.

When using the Site and Service, you may accumulate Content, information or other value or status indicators that reside as data on the Company's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT NAMES, ACCOUNT HISTORY, ACCOUNT RELATED DATA, USER REGISTRATION DATA RESIDING ON THE COMPANY'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN THE COMPANY'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, THE COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY AND ITS AFFILIATE'S SERVERS.

YOU UNDERSTAND AND AGREE THAT THE COMPANY HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. THE COMPANY PROVIDES THE SITE AND SERVICE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Site and Service, the Software or your Account, and you understand that you shall not be entitled to refunds for current or future fees based on the Company's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE AND SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL THE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (USD. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that the Company cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site and Service.

At the Company's request, you agree to defend, indemnify and hold harmless the Company, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, content providers, and other users of the Site and Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Site and Service. You agree to defend, indemnify and hold harmless the Company, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Site and Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

10. DISPUTES AND ARBITRATION

In the event you become involved in a dispute with another user or the Company relating to or arising out of your use of the Site and Service, you shall submit such dispute via our website at http://www.wselive.com/info/contact . You hereby agree to release the Company and its affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected.

In the event a dispute arises relating to or arising out of your use of this site which cannot be resolved in good faith by the parties thereto, the parties thereto shall submit such dispute to arbitration in Melbourne, Australia before a single arbitrator applying the Commercial Rules of the Australian Centre for International Commercial Arbitration. The non-prevailing party shall be liable to pay the prevailing party's reasonable costs incurred in connection with such arbitration.

11. JURISDICTION AND GOVERNING LAW

This agreement and the relationship between you and the Company shall be governed in all respects by the laws of the State of Victoria in Australia. You submit to the jurisdiction of the Courts of Victoria. Use of this Site and Service is unauthorized in any jurisdiction that does not give full effect to this paragraph. the Company and its affiliates reserve the right to make changes to this Site and Service including all disclaimers, terms and conditions and terms of service at any time.

The clauses relating to the limits of liability, governing law and legal jurisdiction shall survive the ending of this agreement.

12. HEADINGS

The headings in these Terms of Service are solely for the convenience of reference and shall be given no effect in the construction or interpretation of these Terms of Service.

13. SEVERABILITY

If any provision of these Terms of Service is hereafter held to be invalid, illegal or unenforceable for any reason, such provision shall be reformed to the maximum extent permitted so as to preserve the parties' original intent, failing which, it shall be severed from these Terms of Service, with the balance of these Terms of Service continuing in full force and effect. If any provision of these Terms of Service is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable. If any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.