PLEASE READ THESE TERMS CAREFULLY
1. MINORS AND CHILDREN UNDER THE AGES OF THIRTEEN AND SIXTEEN
Minors must be supervised by a parent or legal guardian, and the parent or guardian must agree on their behalf, and on behalf of the minor, to these Terms. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to post to the Site. If you are under 13, please do not attempt to post or send any information about yourself to us, such as your name, address, telephone number, or e-mail address. If you become aware that we have collected personal information from a child under age 13 without verification of parental or guardian consent, please provide notice to us at the address provided in Section 10, below.
Also, if you are under the age of 16, please be sure that your parents or guardians are aware of and agree to your access to, use of and activities on the Site.
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other proprietary rights in or associated with the Site, the Site Contents and Site Code are the properties of Wal-Mart, its owner(s), affiliated entities, licensors or third-party suppliers of products, services or Content. Nothing in these Terms or any Site Contents convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other intellectual property or proprietary rights in or associated with the Site, the Site Contents or the Site Code. As used in these Terms, “Site Code” and “Code” mean any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.
3. SUBMISSIONS AND USER GRANT OF LICENSE
You must exercise caution, good sense, and proper judgment in using the Site. You are responsible for any material you place on or transmit to the Site. You warrant that any such material is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information.
Due to legal or practical requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any creative ideas, suggestions, text, designs, items, images, designs, illustrations, icons, logos, information or any other type of content placed on the Site (all collectively referred to as “Content”). In order to avoid confusion and unmanageable situations, you must agree that all Content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to Wal-Mart to consider, retain, copy, use, publish, display, delete, distribute, modify, edit, perform, disclose and otherwise exploit the Content, at Wal-Mart’s sole discretion, and to authorize others to do so. Wal-Mart may, in its sole discretion, determine that a particular submission should be kept confidential. Any or all of these license rights can be assigned and sublicensed by Wal-Mart and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter conceived. PLEASE BE SURE NOT TO SUBMIT ANY WAL-MART CONTENT, SUCH AS DESIGNS, QUOTES FROM WAL-MART EMPLOYEES, IMAGES OF EVENTS OR ACTIVITIES AT WAL-MART, ADVERTISEMENTS, DOCUMENTS, ETC., UNLESS YOU HAVE SPECIFIC, WRITTEN PERMISSION FROM APPROPRIATE WAL-MART MANAGEMENT PERSONNEL.
PLEASE NOTE that once you hit “Submit” you will not have the ability to edit or delete any Content you have submitted.
Unless expressly stated otherwise in writing by Wal-Mart, Wal-Mart does not necessarily control third-party sites that may be linked to or from the Site. Wal-Mart cannot monitor or otherwise evaluate such sites, and Wal-Mart is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site’s terms and conditions of access and use, as well as the site’s privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK. Wal-Mart is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy or appropriateness of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. You may not link to the Site or any of its pages without the prior express written consent of Wal-Mart.
5. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
The Site may provide blog areas and other features for communications and postings. Such features are referred to herein as “Visitor Features.” Wal-Mart may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any Content provided by a Site visitor. Please be sure to exercise caution in deciding whether to post particular Content. Such posting must comply with these Terms and any applicable laws and regulations.
We hope that all of those who use and have access to the Site will follow the Terms and otherwise conduct themselves properly. However, we cannot be responsible for monitoring, verifying or substantiating Content or Code provided by users of the Site. Also, the appearance of any particular product, service, opinion, statement or other Content on the Site does not necessarily mean that Wal-Mart endorses, sponsors or recommends it. Therefore, you agree that neither Wal-Mart nor any of its employees or contractors shall be liable to you for any breach of the Terms by Site users or for other injurious behavior engaged in by entities who use or gain access to the Site, its Contents or Code. Also, any Content provided by a Site Visitor is also subject to the grant of rights set forth in Section 3 of these Terms.
Users of Visitor Features are bound by and must comply with the Terms and all applicable laws and regulations. For example, users agree NOT to do the following:
(a) Transmit any Content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to Wal-Mart, including but not limited to, communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual;
(b) Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulations, or create civil liability, while you are using or accessing any Visitor Features;
(d) Infringe the copyrights, trademarks, or otherwise injure the personal or proprietary rights of any person or entity;
(e) Modify, without proper authorization, Content provided by another user.
(f) Conduct spam or similar activities. Specifically, you are prohibited from transmitting commercial advertising or chain letters to other Users, or continuing to email other Users when requested not to do so.
(g) Engage in conduct that could damage the intended operation of the Site or its security.
6. YOUR LICENSE REGARDING THE SITE
Your compliance with the Terms provides a limited, terminable license regarding access to and use of the Site Contents in accordance with these Terms. We reserve the right (but not obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of the Terms.
In addition to compliance with the other provisions of these Terms, you agree:
(a) Not to alter any Site Content without Wal-Mart’s express, written permission or use any Site Content in a manner
specifically prohibited by, or not expressly authorized by, these Terms;
(b) To use the Site Contents for your own informational purposes only. For example, unless expressly authorized by
Wal-Mart, you agree not to place any Site Contents on a network and will not use any Site Contents to advertise or
otherwise promote any products, services or political positions;
(c) Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code
without the express written permission of Wal-Mart; In addition, you agree not to combine or associate the Content or excerpt with any other material, e.g., as part of a derivative work, collective work or compilation;
(d) Wal-Mart may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code. If requested by Wal-Mart, you agree to cease using and/or to destroy any copies of the subject Content or Code;
(e) Unless expressly permitted in writing from Wal-Mart, you will not frame, link, associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code; and
(f) You are responsible for ensuring that other parties that have access to the Site, Site Content or the Site Code through our system or equipment, or through your actions or inactions, agree to and comply with these the Terms.
(g) All rights not expressly granted to you by these Terms are reserved by Wal-Mart, its owner(s), affiliated entities or its licensors.
7. WARRANTY DISCLAIMERS, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THE SITE AND LINKED SITES, ARE PROVIDED “AS IS.” WAL-MART, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO, WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; (6) INJURY TO PERSONAL OR PROPRIETARY RIGHTS; AND (7) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, WAL-MART, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION.
PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WAL-MART, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, SUPPLIERS, AGENTS, AND CONTRACTORS FROM ANY AND ALL CLAIMS AND CAUSES OF ACTIONS ARISING FROM OR RELATED TO ANY VIOLATION OF THE TERMS BY YOU OR BY OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR TO WHOM YOU HAVE PROVIDED ACCESS TO SITE CONTENTS. WAL-MART RESERVES THE OPTION, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH WAL-MART IN ASSERTING ANY AVAILABLE DEFENSES. YOU SHALL BE RESPONSIBLE FOR ANY DAMAGES OR FINES ASSESSED DUE TO VIOLATION OF THE TERMS BY YOU OR OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR TO WHOM YOU HAVE PROVIDED ACCESS TO SITE CONTENTS.
8. PRODUCTS AND SERVICES
9. CHANGES TO SITE, TERMS AND OWNERSHIP
Wal-Mart reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the Terms. Changes to the Terms shall be immediately effective when posted. You agree to review the Terms for changes. YOUR ACCESS TO AND CONTINUED USE OF THE SITE AFTER THE CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, Wal-Mart reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content. You agree that these Terms and Wal-Mart’s interests, rights, and obligations hereunder, can be transferred by Wal-Mart to a subsequent owner of an interest in the Site or any of the Site Contents.
10. NOTICE AND COMMUNICATIONS BY YOU REGARDING COPYRIGHT AND OTHER MATTERS
We have adopted processes outlined under the Digital Millennium Copyright Act as the framework for receiving communications and claims regarding violations of these Terms and potentially injurious or infringing Content, such as content that may infringe a copyright. If you believe that any Site Code or Contents in a linked site or in the Site, including but not limited to Content provided by third parties via Visitor Features, infringes a copyright or other proprietary right or is otherwise injurious or violates these Terms, please forward the following information to our Notice Agent at the address specified below:
(a) Your name, address, telephone number, e-mail address and other pertinent contact information;
(b) A description of the right that you believe is infringed, the violation of these Terms or the injury that you believe is being caused;
(c) A detailed description of where the allegedly infringing, violative or injurious Content or Code is located;
(d) A statement by you (with respect to the right, violation or injury) that you have a good faith belief that the objectionable use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right and/or an electronic or physical signature of the person(s) who claims injury;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner, or are an injured party; and
(g) Any other information required for specific notice of the claim and allegedly infringing or injurious item.
The e-mail address of our agent and recipient for notices and other communications regarding the Site is:
The mailing address is:
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, Arkansas 72716-0520
We seek to preserve all rights and exemptions from liability available under law, including without limitation, copyright law, but we do not stipulate that we are a “service provider” for all purposes.
11. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These Terms, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved and remedied in accordance with the laws of Arkansas, USA (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within Arkansas and to acts or omissions occurring wholly within Arkansas. Any claims arising from or related to the Terms or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in Arkansas and you expressly consent to the jurisdiction and exclusive venue of said courts. However, Wal-Mart, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Fayetteville, Arkansas. All disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of law, jurisdiction, venue and forums for dispute resolution. To the extent permitted by applicable law or terms, and where applicable law or terms do not provide for a shorter term, you agree that any claim by you arising from or related to these Terms, or their subject matters, must be filed by you within one (1) year from the date the claim arose. Additional regulations of mandatory applicability may apply in certain circumstances and, e.g., provide for a shorter term in which a claim must be filed.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Wal-Mart. The section headings in these Terms are for convenience only and do not limit or otherwise affect the interpretation of any of the language in the Terms. If Wal-Mart fails to enforce any provision of these Terms or fails to exercise or waives any right in respect thereto, such failure or waiver shall not be construed as constituting: (1) a continuing waiver; (2) a waiver of its rights to enforce such provision with respect to other events; (3) a course of dealing; or (4) a waiver of any other rights under these Terms.
If any provision(s) of the Terms are deemed void or unenforceable in a determination by a body with proper jurisdiction, the parties agree (without waiving rights of appeal) that the subject provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the Terms and the parties shall negotiate in good faith with respect to their modification. If the parties cannot agree to a modification, the Terms shall be enforced, without the unenforceable provision, in a fair manner that most closely approximates the evident intent or understanding of the parties. Modifications made due to the unenforceability of any provision(s) or their being held void in a particular circumstance or jurisdiction shall not be deemed applicable (and the terms shall remain unchanged) in other circumstances and jurisdictions where such provision(s) would not be void or unenforceable.
These Terms comprise the entire agreement between the parties relating to the matters contained herein and shall not be modified except in a written document supplied by Wal-Mart, such as modified Terms.
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