My World Registry Terms of Use

Last Revised December 21, 2018

General

The Terms of Use and incorporated Privacy Policy (“Terms of Use”, “Terms”) set forth herein apply to the www.MyWorldRegistry.com web site which is owned, operated, licensed or controlled by World Registry LLC (“we”, “us”, “My World Registry”, or “MWR”) and to you, a user of the Web Platform (“User”, “You” and “Your”).

Welcome to www.myworldregistry.com! You are reading our My World Registry Terms of Service (“Terms”), an agreement between you and My World Registry (“My World Registry,” “we” or “us”) which governs your access to our platform and Platform which we offer via www.myworldregistry.com and our other affiliate websites (collectively, the “Platform”). To make these Terms easier to read, our online platform and service, and the Platform are collectively called the “Platform.” You must read the Terms carefully before you use the Platform. These Terms apply to all users of the Platform whether you are a Registered User (defined below) or just visiting.  If you have any questions feel free to send us a note at feedback@myworldregistry.com. We will be happy to answer any questions you may have.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE OR CLICKING THROUGH THESE TERMS YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE. The Privacy Policy is incorporated into the Terms of Use by reference.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Web Platform following the posting of changes to these Terms of Use will mean you accept the changes.

 

Changes to these Terms or the Platform

We can change these Terms at any time. If we do so, we’ll let you know either by posting the changed Terms on the Platform or through other communications. We’ll also update the “Last Updated Date” at the top of these Terms. It’s important that you review the changed Terms because if you continue to use the Platform after we’ve provided notice of the change, you’re telling us that you agree to be bound by the changed Terms. If you do not agree to be bound by the changed Terms then you’re not allowed to use the Platform anymore. We are always striving to make the Platform better and because they’re evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice, at our discretion.

 

Agreement to our Terms

By accessing or using our Platform you agree to be bound by these Terms, whether or not you have registered with the Platform, you are a Gift Registry Creator, a Gift Registry Receiver, a Gift Registry Contributor, an Experience Buyer, an End User (defined below) or an Experience Provider (defined below). These Terms outline the conditions under which all Experiences are made available on the Platform. If you do not agree, then you are not permitted to use the Platform. If you are accessing and using the Platform on behalf of a company, organization or entity (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms as the company’s agent. In that case, “you” and “your” will refer to that company, organization or other entity. Certain areas of the Platform or features of the Platform may have additional terms that incorporated herein by reference, and you should read those additional terms to ensure you agree to be bound thereby. For example, if you enter a sweepstakes, you will be bound to the terms specific to that sweepstakes. If there’s a conflict between these Terms and the additional terms, the additional terms will govern your use of Platform the subject matter therein.

 

We are a Platform Service Provider

Through the Platform, we offer an online community that allows individuals and entities (each an “End User”) to view, purchase, bid on, and/or participate in Experiences offered by Experience Providers, or to add your idea for a desired gift to our gift registry platform. This means that we act as an intermediary between the End User and the Experience Provider and our responsibilities under these Terms are limited to facilitating the availability of the Platform and collecting payments on behalf of the Experience Provider.

 

Defined Terms

Capitalized words herein are called “Defined Terms.” We have included the defined terms to help make this Agreement easier to read and understand.

 

End User” – the person who receives the experience, regardless of whether the person was also the buyer or not.

“Exclusive Experience” or “Exclusive Gift Experience” is an Experience that is not advertised or offered for sale anywhere else, online or print, other than on the Platform.

 

Experiences” or “Gift Experiences” means the experiences, activities, products in digital form or interactions including in-person experiences, activities, or interactions and virtual experiences, activities, or interactions, offered by the Provider via the Platform.  

 

Experience Buyer” or “Buyer” – the person who purchases an experience via the My World Registry Platform either for themselves or for someone else.

 

“Experience Provider” or “Provider” means a person or entity that has accepted these My World Registry Terms and the My World Registry Experience Provider Agreement Addendum, and offers an Experience for sale via the Platform.

 

 “Gift Experience Listing” means the description and details of the Experience including, but not limited to, the price of the Experience, uploaded media and links, and the date and time, as applicable.

 

“Gift/Experience Marketplace” or “My World Marketplace” or “Marketplace” – The section of the Website in which the Experience Listings are found and can be purchased.

 

Gift Registry Contributor” – the person who makes a cash gift contribution via a credit card or debit card transaction on My World Registry’s platform.

 “Gift Registry Creator” – the account owner who creates a particular cash gift registry on the My World Registry Platform.

Gift Registry Receiver” – the person who is the recipient of all money gift contributions in their bank account.

 

 “Non-Exclusive Experience” or “Non-Exclusive Gift Experience” is an Experience that is already published or offered for sale in online or print places other than the Platform.

“Platform” means www.myworldregistry.com and any of our other affiliate websites or digital and print media channels.

Registered User” means a person that completes our Account Registration Process (defined below), including Buyers, End Users and Experience Providers.

 

“Service Fee” – the amount that My World Registry charges for each financial transaction that occurs through the Platform.

 

There are more terms defined under “Key Terms” in the section below regarding payment, and in specific sections of these Terms.

 

 

The Experience Provider, not My World Registry, is responsible for honoring the purchase of any Experience. As an End User, you may be required to sign and return a waiver and liability release before you participate in an Experience.

 

 

Using the Platform

Eligibility

You can only use the Platform if you are 18 years or older and are not barred from using the Platform under applicable law. Additionally, in order to offer or purchase some Experiences, you must be 21 years or older at the time you offer, or purchase, the Experience.

 This Web Platform and its materials, platforms and functions are available only to users at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent’s consent to use the Platform or Platform Materials and to be bound by these Terms of Use, and whose parents agree to also be so bound. IF YOU ARE NOT YET 18 AND YOUR PARENTS DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST CEASE TO USE AND EXIT THE WEB SITE. IF YOU ARE NOT YET 13 YEARS OR AGE, YOU MUST CEASE USING THE WEB SITE IMMEDIATELY.

Registration

If you want to use certain features of the Platform you’ll need to create an account with a username and password (an “Account”) and become a Registered User.  You can do this via our Platform or through your account with certain third-party social networking Platform such as Facebook, if it is currently enabled in the Platform, an “SNS Account”). The process of creating this account is the (“Account Registration Process”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. By creating a SNS Account, you authorize My World Registry to obtain and use your personal information. See also, our Privacy Policy.

 

You are required to provide us with accurate and complete information and keep your Account information up to date. If you do not, we may suspend or terminate your Account, in My World Registry’s sole discretion. You agree not to share your Account login and password, and will let us know immediately upon discovering any unauthorized use of your Account. You’re responsible for all activities that occur under your Account

 

Registry Cancellations, Chargebacks, Disputes

 

If a registry will be cancelled, or changed, the registry creator must log into his or her Platform Account and edit the information pertaining to the registry as soon as reasonably possible. The End User who creates or posts a registry is responsible for any refunds required by the applicable My World Registry Terms. End Users who make monetary gifts to registries understand that these monetary gifts may not be refunded, and World Registry, LLC does not require that these transactions be refunded. Unless required to refund gifts by operation of state or federal law or other authority, End Users who post registries may not return funds through My World Registry or the Platform. It is the intent of My World Registry that monetary gifts towards fulfilling a registry progressively make the desired gift experience more possible. A recipient End User may then elect to use the money collected to purchase the experience, even if a stated monetary goal has not been reached. Even if an End User elects to or desires to return funds, the 3% Service Fee (above) is not refundable. By using the Platform, you are waiving your rights to chargebacks. You, the End User, are posting a gift registry. There should be no dispute about the validity of a charge for a cash gift registry you have posted. In the instance that the event or gift experience registry you have contributed towards or created has been, or is cancelled, it is the responsibility of the registry recipient or creator to return the money to the giver if the creating or receiving End User so elects; a situation such as this is not just cause for a chargeback. My World Registry does not provide a mechanism for returning gift-payments, the End User who wishes to return payments must do so on his or her own independently from the Platform. Notwithstanding this waiver, you further agree to indemnify and hold My World Registry harmless in the event of a dispute regarding or involving chargebacks. In the event of a fraudulent transaction with a credit card, we will work with the card holder, the bank or card provider in a good faith attempt to rectify the situation.

 

Registry Service Fee and Non-Refundability

 

My World Registry does not have a fee to sign-up and create an account, create a registry or list an Experience. There is a total Service Fee of 3% on each cash contribution to a registry and monetary gifts by any individual or entity to any registry. This Service Fee excludes the credit card processing fee due to the merchant bank. THE FEE for any cash contribution and monetary gift IS NON-REFUNDABLE, EVEN IF THE EVENT, EXPERIENCE, OR REGISTRY IS CANCELLED.

 

Becoming an Experience Provider

You can apply to become a Experience Provider by completing the application process which can be initiated via our Contact Us form on the Platform. My World Registry reserves the right to approve or reject any Experience Provider application, for any reason. If you are approved and you agree to the terms and conditions of the “Experience Provider Agreement” made available to you in connection with the application process and found here, you will be deemed a Experience Provider. The “Experience Provider Agreement” contains terms regarding the creation and posting of Experience Listings, how and what Experience Providers get paid for their Experiences and other terms specific to a Experience Provider’s provision of Experiences in connection with the Platform.

 

Payments; Cancellations; Returns

 

Key Terms:

 “Group Event” means an Experience with a Ticket Sales Minimum and Ticket Sales Maximum whereby unrelated users can buy Tickets. If a given Experience’s Ticket Minimum is met before the Sales Cut Off Date, the Experience will be confirmed and will proceed for fulfillment on the Experience Date.

 

 Payment Method” means any of the payment methods used to purchase an Experience, such as a credit card or debit card, wire transfer, or third-party payment service like Wepay or PayPal.

 

Total Fees” means the amounts due from an End User for the purchase or confirmed scheduling of an Experience plus the Tax when applicable.

 

Tax” or “Taxes” means any sales taxes, value added taxes (VAT), and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

 

Ticket Sales Minimum” means the minimum number of tickets determined by the Experience Provider that must be pre-purchased by the Sales Cut Off Date for the Experience Group Event to be held.

 

Ticket Sales Maximum” means the maximum amount of tickets that can be sold for a particular experience.

 

Sales Cut Off Date” means date when the Ticket Sales Minimum must be reached in order for a scheduled Group Event to occur.

 

When you initiate a purchase transaction or request to schedule an Experience via the Platform, you will be asked to provide us with customary billing information such as your name, billing address, and credit card information. As an End User, upon completion of a purchase on the Platform for an Experience or the confirmed scheduling of an Experience, you will be liable to pay the total fees presented at checkout.  You agree to pay My World Registry (on behalf of the Experience Provider) the Total Fees for any transactions made in connection with your Account.

 You hereby authorize the collection of such amounts by My World Registry by charging your selected Payment Method. In addition, you agree that My World Registry may charge your Payment Method for verification and pre-authorization purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you. You agree that all Experiences are non-refundable unless otherwise specified on the Experience Listing and you will not dispute the total fees if the Experience is fulfilled substantially as presented in the Experience Listing, a determined solely by My World Registry.

 For all Experiences, all expenses and incidental costs not specifically stated in the Experience Listing and/or receipt, including, but not limited to, fees for calling or connectivity, travel, food or lodging are the sole responsibility of the End User.

 

Payment and cancellation/returns for specific Experiences

 Various types of Experiences are offered via the Platform. For example, Experience Providers can offer several types of virtual or in-person Experiences or digital products.  As an End User, the type of Experience you order impacts when you are charged for your purchase. The process for cancellations and refund eligibility also varies depending on the type of Experience. It is your responsibility to review Experience Listing and the confirmation email(s) to verify the accuracy of the information relating to the Experience.

  • For “Experiences” with a set time and location:

Payment: Upon the completion of your purchase, we will immediately validate your Payment Method and charge you for the total fees.

 Cancellations/Returns: Tickets for Experience purchased from our Platform are neither returnable nor refundable, unless the Experience is cancelled by My World Registry or the Experience Provider and is not rescheduled within 30 days.

 

  • Group Events

 The Ticket Sales Minimum and the Sales Cut Off Date are determined by the Experience Provider and indicated in the applicable Experience Listing. The Sales Cut Off Date will be at least 7 days before the date the Experience is schedule to take place in order to provide ample time for you to know whether the event will occur.

 Payment: Upon the completion of your purchase, we will immediately validate your Payment Method and charge you for the total fees.

 Cancellations/Returns: If the Ticket Sales Minimum is not met, we will, cancel their orders and automatically refund each End User the total fees paid for their tickets. 

 

  • For Experiences, where scheduling (time and/or location) must be agreed upon in advance:

 Payment: Upon the completion of your purchase, we will immediately validate your Payment Method and charge you for the total fees. For Experiences that require the End User and Experience Provider to agree on particulars such as time and location for the Experience, both the End User and Experience Provider are to communicate and confirm their agreement via email on the Platform (“Confirmed Booking”).  In the event that the End User and Experience Provider cannot come to an agreement regarding the details of an experience, a refund will be made to the End User for the total fees paid once requested by the End User. If no refund is requested, and a schedulable experience is not confirmed within 6 months of the date of initial purchase, the total fees paid will revert to Platform credit and the face value of such credit will be controlled by the Platform Terms of Use and subject to expiration.

 

Cancellations/Returns: Once an Experience is a Confirmed Booking, all Experiences purchased from the Platform are a final sale (neither returnable nor refundable), unless:

 

You experience technical problems (for virtual Experiences) due to an error caused wholly by My World Registry; the Experience Provider cancels or fails to fulfill the Experience and the Experience cannot be rescheduled within 30 days; the Experience Provider fails to fulfill the Experience in substantial accordance with the Experience Listing (as determined in My World Registry’s sole discretion). Please note that the details of Experiences are subject to change and End Users are not entitled to refunds or site credit if the Experience provided was comparable to what was promised.

 

However, if any of the 3 issues listed above are encountered, you may be entitled to receive a refund to your Payment Method or a Platform credit in an amount at least equal to the ratable portion of the Experience left unfulfilled in a manner comparable to the Experience Listing. Such calculation shall be conducted in the sole discretion of My World Registry.

  • Digital Platform

 Payment: Upon the completion of your purchase of an Experience, we will immediately validate your Payment Method and charge you for the total fees.

 Cancellations/Returns: Due to the nature of our Platform, these products and/or services are not returnable or refundable unless otherwise specified on the Experience Listing.

 Change Requests

 

  • For certain Experiences, after an Experience is a Confirmed Booking, the End User and the Experience Provider may agree to change the details for the particular Experience, such as the date and time, number of attendees, contents and duration of the Experience (“Change Request”). The End User and Experience Provider may also agree to certain add-ons not published in the Experience Listing for an Experience using a Change Request. Communications regarding an Experience must take place via the website’s e-mail platform.
  • Not all Experiences are eligible for Change Requests and, depending on the type of Change Request, certain Change Fees may apply. The Experience Provider is responsible for indicating whether Change Requests are allowed for a particular Experience and if any Change Fees apply. This information will be provided in the Change Request communications between you and the Experience Provider.
  • All Change Requests must be approved by both the End User and the Experience Provider and, if the price for a specific Change Request is not indicated in the applicable Experience Listing, both the Experience Provider and End User must agree to the Change Fee amount. You agree that you and the Experience Provider are responsible for any Change Requests or any other modifications to a booking or Experience.
  • If the you and the Experience Provider cannot agree on the terms for the Change Request, and either party chooses to cancel the Experience, the terms applicable to cancellations provided in these Terms of Use for the particular type of Experience still apply.

 

Custom Experiences and Custom Travel Experiences

Our Experience design team, in partnership with World Oyster Travel LLC (“World Oyster Travel”) (a business vendor, not owned by My World Registry), a luxury and experiential travel agency, may provide services to facilitate and arrange a unique, customized Experience (each a “Custom Experience”) or Travel Experience (“Custom Travel Experience”) for purchase via the Platform. If you wish to purchase a Custom Experience or a Custom Travel Experience certain terms applicable to the Custom Experience and in addition to these Terms will be provided at the point of purchase, booking or reservation for the Custom Experience or Custom Travel Experience. In addition, due to the nature of travel bookings and other experiences for which availability and pricing cannot be guaranteed until a payment has been made to secure it:

  • The posting of an Experience Listing for a Custom Experience or Custom Travel Experience on the Platform is not a guarantee that the Custom Experience will be confirmed or available.
  • If you choose to initiate the purchase of a Custom Experience or Custom Travel Experience, a variable payment amount of a non-refundable deposit is required. ALL DEPOSITS FOR CUSTOM EXPERIENCES ARE NON-REFUNDABLE, except in the event that the Custom Experience or Custom Travel Experience becomes unavailable for the listed price range or the details for the Experience materially change. In such cases, you will receive a full refund of the deposit amount in a timely manner.
  • Without limiting any other terms of this My World Registry TOS, by clicking the “Buy Now” button on the Experience Listing page for a Custom Experience, you authorize My World Registry, and for a Custom Travel Experience you authorize World Oyster Travel to: (i) charge your Payment Method for the deposit amount; and (ii) if My World Registry or World Oyster Travel secures the Custom Experience or Custom Travel Experience, to charge your Payment Method for the outstanding balance on the indicated due date. MY My World Registry or World Oyster Travel will not charge your Payment Method for the outstanding balance without permission if there are unapproved variations in the communicated price or the details for the Custom Experience or Custom Travel Experience. 
  • Certain Custom Travel Experiences designed, arranged for and booked by My World Registry’s vendor World Oyster Travel may require wire transfers for Custom Travel Experience related payments in excess of $10,000.

 

Experiences as Gifts

If you choose to give an Experience as a gift, upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount. In the event that the gift recipient and Experience Provider are unable to agree upon particulars, the gift recipient will be awarded a credit equal to the purchase amount for use on the Platform.

 

No Resale After Purchase

After the purchase of any type of Experience is completed and the total fees have been charged to your Payment Method, you may not resell the Experience to a third party without the prior written consent of My World Registry and the applicable Experience Provider. These terms apply to all Experiences including direct purchases or sweepstakes via the Platform.

 

Digital Platform, Virtual and In-Person Experiences

Digital Platform, virtual Experiences, and in-person Experiences purchased via our Platform are coordinated via our website, email, video-conferencing platforms, in-person, social networks, telephone, or other communication services.

 

No Endorsement

Any reference made by this Platform to any specific commercial product, process, or service (or provider of such product, process or service) other than of My World Registry by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement or recommendation by My World Registry. Content on this Platform may be provided by third parties and users. Any opinions, advice, statements, Platform, offers or other information expressed or made available by third parties, information providers, users, or others, are those of the respective users(s) or provider(s) and do not necessarily state or reflect those of My World Registry.

To the extent that this Platform contains links to outside Platform and resources, My World Registry does not control the availability and content of those outside Platform and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

We do not plan, host, operate, or provide the Experiences that are not indicated to be a “My World Registry Signature Experience”. We also do not endorse any Experience Providers or Experiences.  For detection, fraud prevention or other purposes, My World Registry may either directly or through third party service providers, verify your (the End User’s) identity and/or conduct background checks on you, including criminal background checks. In such instances, you may be asked to provide additional information for these purposes (including, but not limited to, your date of birth and social security number) and to execute any required consents and authorizations, and you agree to do so within 2 business days from the time we contact you or the Gift Recipient, to enable us or our third party service providers to conduct such checks or processes. In the event that a specific Experience requires a background check, the Experience Listing will indicate that this requirement applies to the purchase of the Experience.  By running such checks or processes we do not make any representations about, verify, confirm or endorse any Registered User or the Registered User’s identity or background.

 

We are not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the Experience Provider and we do not verify the accuracy of this information, except for the Experiences that clearly display a My World Registry -verified seal or written statement. We are also not responsible for any personal injury, damage or harm resulting from your provision or purchase of, or participation in, any Experience or your interaction with any Registered User. You, as an End User or Experience Provider, are responsible for your own acts and omissions, and the acts and omissions of any individual whom you invite to, or otherwise enable his or her participation in, an Experience, including without limitation any minors. You are responsible for the supervision of all minor participants in connection with any Experience and the attendance of, or participation by, any unsupervised minors in an Experience is prohibited.

 

Limitation of Liability. By using the Platform you agree that any legal remedy or liability that you seek to obtain arising from or related to an Experience, (including, without limitation, your Experience Listing or provision of any Experience) will be limited to a claim against the particular Experience Provider or other third parties who caused you harm.  You agree not to sue or seek any legal remedy or damages from My World Registry, My World Registry with respect to Experiences.

 

Sweepstakes

If you wish to enter or a sweepstakes, contest or similar promotion (each a “Promotion”) in hopes of winning an Experience, you will be bound to the terms specific to that Promotion in addition to these Terms. The additional terms will be posted via the Platform.  If there’s a conflict between these Terms and the additional terms, the additional terms will supersede these Terms to the extent that they create no additional legal rights with regards to any alleged liability by My World Registry.

 

Alerts and Notifications

As part of the Platform we provide, you may (if enabled) receive alert notifications, , or emails messages directly sent to you from outside or inside our Platform (“Alert Messages”).

 

 

Intellectual Property Rights of User Materials

By submitting or posting any material (“Content”) to the Platform, you automatically grant to My World Registry a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display the Content alone or as a part of other works in any form or media present or future. Please note this is a non-exclusive license that allows you to continue to use the Content elsewhere however you please.

Copyright Infringement

My World Registry is committed to protecting the rights of copyright owners. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and My World Registry will undertake appropriate steps against copyright repeat offenders. My World Registry will process any notices of alleged copyright infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act (the “DMCA”). Upon receipt of notices complying with the DMCA, My World Registry will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

Users are responsible for their own content. You agree not to use material you do not have the rights to use (such as by having legal permission from the copyright holder). 

Content Ownership and Responsibility

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform; “Registered User Content” means any Content that you provide to be made available through the Platform, including Experience Listings. Content includes, without limitation, Registered User Content.

 

My World Registry does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Registered User Content. Subject to the foregoing, as between us and you, My World Registry and its licensors exclusively own all right, title and interest in and to the Platform and Content, including all associated intellectual property rights therein even if we incorporate any Feedback (as defined below) into subsequent versions of the Platform or otherwise use such Feedback. You acknowledge that the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content.

 

Content Rights

Subject to your compliance with these Terms, My World Registry grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Platform and solely for your personal and non-commercial purposes. By making your Registered User Content available on or through Platform you hereby grant to My World Registry a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit your Registered User Content on, through or by means of the Platform, including for commercial, advertising and promotional purposes relating to the Platform. These rights that you grant to My World Registry include permitting My World Registry to syndicate your Registered User Content, including any suggestions for Experiences you provide My World Registry or the content of your Experience Listings, on, through or by means of websites operated or owned by third parties.

 

You are solely responsible for all your Registered User Content. You represent and warrant that you own all your Registered User Content or you have all rights that are necessary to grant us the license rights in your Registered User Content under these Terms. You also represent and warrant that neither your Registered User Content, nor your use and provision of your Registered User Content, nor any use of your Registered User Content by My World Registry on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Inappropriate Materials

Material, including that used to offer an experience, that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another End User is prohibited, and you agree not to post it, to the best of your ability. This may mean that you cannot offer your experience on the Platform, depending on the nature of the experience.

Because My World Registry’s intent is that End Users create and offer experiences, registries or material advertising goods for sale or other things which are not experiences may be inappropriate and will be removed.

Although My World Registry periodically reviews the content posted to the Platform, My World Registry does not represent or guarantee the truthfulness, accuracy, inoffensiveness or reliability of any Content posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by users will be at your own risk.

My World Registry may at its sole discretion remove content and has no liability to you for such removal regardless of any consequences to you or any other person or entity.

Termination or Reduction of Access or Removal of Content

My World Registry reserves the right to limit or revoke your access to this Platform in its sole discretion, at any time, and for any reason, including, but not limited to any violation of these Terms of Use or in the event of Platform corruption or other technical difficulties. My World Registry may at its sole discretion remove content and has no liability to you for such removal regardless of any consequences to you or any other person or entity.

By using this Platform, you understand you may incur liabilities between yourself and other persons or entities not party to this agreement that may not be terminated through the termination of these Terms of Use. Additionally, some terms in these Terms of Use survive termination, such as, but not limited to, the irrevocable license to use materials you have posted on the site, as described above.

Other Prohibited Content

User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by My World Registry), or encourage, facilitate or cause spamming or flooding.  You agree that My World Registry may reject or remove any user content from the Platform for any or no reason.

Experience Providers are prohibited from requiring an End User to purchase anything else in addition to the Experience (including, but not limited to products, subscriptions, and kits).

Further, End Users are also prohibited from (i) violating or attempting to violate the security of any Platform; (ii) accessing the Platform(s) except through the interface provided by My World Registry; (iii) interfering with or disrupting the Platform, servers or networks connected to My World Registry; (iv) accessing data not intended for End Users or logging into a server or account which the User is not authorized to access; (v) transmitting or uploading any harmful code (including, but not limited to viruses, “Trojan horses”, “worms”, “time locks” or “bombs”, or any other harmful or unapproved code) or use or misappropriate the data on the Platform for Your own commercial gain; and (vi) generating or assisting with the creation of unsolicited mail, faxes, or email (this includes no violations of the USA CAN-SPAM Act or any other anti-spam law then in effect). Any violation of system or network security may result in civil and/or criminal liability.  My World Registry reserves the right to limit Your access to Content and may conduct investigations into potential violations of security. Notwithstanding any other provision of the Terms or Privacy Policy, My World Registry may use User information and content in relation to civil or criminal suits for suspected violations of these Terms or security provisions.

Linking to Platform

Unless you have a written agreement in effect with My World Registry which states otherwise, you may only provide a hypertext link to the Platform on another Platform, provided that (a) the link must be a text-only link clearly marked “My World Registry”; (b) the link should “point” to the URL “http://www.myworldisregistry.com” or another sub-page within that URL, such as to a User’s registry, event, or experience landing page ; (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with My World Registry’s name and trademarks; (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by My World Registry; (e) the link, when activated by a user, must display the Platform full-screen and not within a “frame” on the linking Platform; and (f) My World Registry reserves the right to revoke its consent to the link at any time in its sole discretion. You agree you understand that My World Registry has an important interest in maintaining its brand’s image.

Reservation of Rights

The software, code, workflow processes, user interface, designs, know-how, and other creations and technologies provided by My World Registry as part of the Service are the proprietary property of My World Registry and its licensors (if any), and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with My World Registry. You may not remove or modify any proprietary marking or restrictive legends in the Platform content or in any My World Registry materials or information. My World Registry reserves all rights unless expressly granted in these Terms.  You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indications of ownership on the materials accessed through the Platform other than your content. Any use of materials or descriptions; any derivative use of the Platform or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. The materials on the Platform are provided with “Restricted Rights.”

Aggregate Data

My World Registry may use during and after this agreement all aggregate non-identifiable data in the Platform for purposes of enhancing the Platform, technical support and any other business purpose. See also, Privacy Policy.

Claims of Infringement

U.S. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by My World Registry infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow My World Registry to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send My World Registry a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Please consult your legal counsel before filing a notice or counter-notice. There can be penalties for false claims under the DMCA.

Other Claims of Infringement

For claims of infringement that do not involve US copyrights, please contact us via our Platform.

Governing Law and Miscellaneous Provisions

These terms shall be governed by and construed exclusively in accordance with the laws of the state of Oregon in the United States of America, or the federal law of the United States of America where superseding and applicable. You agree to be bound to the law of the state of Oregon and the United States of America, and forego the law in your home state, region, and/or country in favor of the laws of the United States and Oregon. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in a state or federal court of competent jurisdiction within Deschutes County, Oregon, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You agree to keep all user information accurate and up-to-date, including all billing information. Failure to so maintain your billing information will likely result in termination of Platform, at My World Registry’s sole discretion. Any notices to My World Registry must be sent to the My World Registry business address via certified mail return receipt requested or overnight courier, and are deemed given upon receipt. Any notices to You shall be to the email address specified by and linked to your account. You may not assign or delegate any of your rights or obligations hereunder without My World Registry’s prior written consent and any such attempt is void. My World Registry may freely assign or delegate its rights and obligations hereunder without notice to you. YOU UNDERSTAND AND ACKNOWLEDGE THAT PROVISIONS INCLUDING, BUT NOT LIMITED TO WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION ARE MATERIAL TO THIS AGREEMENT AND My World Registry WOULD NOT ENTER INTO CONTRACT WITH USER WITHOUT THESE PROVISIONS. This is the entire agreement between us relating to the subject matter herein and will not be modified except as provided herein. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights without our permission will be void. The waiver by us of a breach of any provision of these Terms of Use will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. Titles and headers contained within these Terms of Use are informational only and not legally binding.

 

 Feedback

My World Registry welcomes your input for improvements to the Platform.  If you decide to provide ideas, comments, suggestions or other feedback to us (whether written, verbal or in any other format) in connection with the Platform or these Terms (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind.  You agree that all Feedback will be the sole and exclusive property of My World Registry.  You hereby irrevocably transfer and assign to My World Registry and agree to irrevocably transfer and assign to My World Registry all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.  At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.  Further, you acknowledge and agree that My World Registry may currently or in the future be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or Experience Listings.  Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, Platform, products or concepts that are similar to and/or compete with the applications, Platform, products or concepts contemplated by or embodied in any Feedback or your Experience Listings.

 

Registered User Conduct Terms

You agree that you’ll only use the Platform in a manner that is consistent with the Registered User Conduct Terms, set forth below. If you do not we might have to suspend or terminate your Account. In connection with your use of the Platform you agree that you won’t:

 

  • use the Platform for any commercial, governmental or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Platform for purposes not expressly permitted by My World Registry or that would violate any laws;
  • interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use the Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
  • use the Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
  • use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Platform or to access, “scrape,” “crawl” or “spider” any web pages or other Platform contained in the Platform or Content;
  • register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • recruit or otherwise solicit any Experience Provider or other Registered User to join third-party Platform or websites that are competitive to the Platform, without My World Registry’s prior written approval.
  • register under a false name or use an invalid or unauthorized credit card. You may not offer to purchase under a false name, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Platform;
  • “stalk” or harass any other user of the Platform; mistreat any My World Registry employees, Experience Providers, guests, and other parties with actions including, but not limited to, using abusive language in writing or by telephone;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • use, display, mirror or frame the Platform, or any individual element within the Platform, My World Registry’s name, any My World Registry trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without My World Registry’s express written consent;
  • access, tamper with, or use non-public areas of the Platform, My World Registry’s computer systems, or the technical delivery systems of My World Registry’s providers;
  • attempt to probe, scan, or test the vulnerability of any My World Registry system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by My World Registry or any of My World Registry’s providers or any other third party (including another user) to protect the Platform or any of the content on the Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or content on the Platform;
  • accept or make payments for an My World Registry Experience outside of the Platform; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

My World Registry’s Enforcement Rights

Although We are not obligated to monitor access to or use of the Platform or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms or to comply with applicable law. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. My World Registry, in its sole discretion, may terminate the right of any user to participate in the purchase of Experiences on this Platform or to access the Platform without notice for any reason. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements, including providing such authorities with access to any Content on the Platform.

 

Links to Third Party Platforms or Resources

The Platform may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or Platform on or available from those websites or resources or links displayed on such third-party websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

Termination

We may terminate these Terms or your access to the Platform or deactivate or cancel your Account (including, without limitation, your designation as an Experience Provider and your ability to offer Experiences in connection with the Platform), at our sole discretion and without liability to you, at any time and with or without prior notice to you. You may cancel your Account at any time by sending an email to us at support@myworldregistry.com.

 

Upon termination (a) all undisputed payments that have accrued prior to termination will be payable in full within fifteen (15) days after any applicable and previously booked or secured Experience due is provided or completed; (b) all licenses and other rights granted to you under these Terms will immediately cease; and (c) any Experience Listings you, as an Experience Provider, posted prior to the effective date of termination will be removed from the Platform. Notwithstanding the foregoing, without limiting rights and remedies available to My World Registry, My World Registry, in its sole discretion, may withhold payment to you, as an Experience Provider, if you breach these Terms or commit fraud against My World Registry.  Upon any termination or suspension, any information that you have submitted to the Platform may no longer be accessed by you.  Any suspension or termination will not affect your obligations to My World Registry under these Terms or your obligation as an Experience Provider to provide a purchased Experience. The following Sections will survive any termination, discontinuation or cancellation of the Platform, these Terms or your Account: Content Ownership and Responsibility; Termination; Indemnity; Warranty Disclaimers; Limitation of Liability; Governing Law; Dispute Resolution; and General Terms.

 

 

Disclaimer of Warranties

THE MATERIALS AND CONTENT IN THIS PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, My World Registry DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 

My World Registry DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND CONTENT DISPLAYED IN THIS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS PLATFORM OR THE SERVER(S) THAT MAKES THIS PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

WHILE My World Registry TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, My World Registry DOES NOT GUARANTY THAT THE SERVICE CANNOT BE COMPROMISED AND DISCLAIMS ANY AND ALL WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, PERFORMANCE OF PLATFORM, OR INFORMATION OBTAINED THROUGH THE PLATFORM, ADVERTISEMENTS OR LINKS PROVIDED.  YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA AND ANY OTHER LOSS, OR THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.

My World Registry DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE My World Registry RESULTS OR POSTED ON THE WEBSITE BY My World Registry, USERS OR THIRD PARTIES. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE PLATFORM. My World Registry DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. My World Registry DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE WEBSITE OR ON OTHER SITES ON THE INTERNET ACCESSED THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL My World Registry BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE My World Registry WEBSITE AND/OR CONTENT.

My World Registry DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS AS TO THE EXPERIENCES OR ANY OTHER GIFT OR OFFER POSTED ON THE PLATFORM.

 My World Registry ASSUMES NO RESPONSIBILITY FOR ANY PERSON OR ENTITY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. My World Registry EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY REGISTERED USER, CHARITY OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY PERSON OR ENTITY; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. My World Registry’s RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE PLATFORM AND COLLECTING PAYMENTS ON BEHALF OF THE EXPERIENCE PROVIDER. THE EXPERIENCE PROVIDER, NOT My World Registry, IS RESPONSIBLE FOR HONORING THE PURCHASE OF ANY EXPERIENCE. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM THE EXPERIENCE LISTING, EXPERIENCES OR USE OF THE PLATFORM.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER WILL My World Registry BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO: (1) YOUR USE OF THE PLATFORM, OR RELIANCE ON THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY EXPERIENCE OFFERED OR DESCRIBED BY ANY USER, (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY My World Registry, (3) MISREPRESENTATIONS OR BREACHES OF CONTRACT BY THIRD-PARTIES OR (4) ANY NEGATIVE EXPERIENCE WITH EXPERIENCES OR EVENTS OFFERED THROUGH THE PLATFORM EVEN IF My World Registry OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER My World Registry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PLATFORM OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORM, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION, SERVICE OR PRODUCT THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AND My World Registry AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND My World Registry.

Without limiting the foregoing, under no circumstances shall My World Registry or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, My World Registry SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND My World Registry AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED ANY AMOUNTS PAID BY YOU DIRECTLY TO My World Registry. YOU AND My World Registry AGREE THAT ACTUAL DAMAGES WOULD BE DIFFUCULT TO DETERMINE AND THAT THE LIQUIDATED DAMAGES ABOVE CONSTITUTE A MATERIAL BASIS FOR ALLOWING YOU TO USE HE PLATFORM.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN My World Registry AND YOU.

 

Indemnification

YOU HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY My World Registry AGAINST ANY AND ALL EXPENSES (INCLUDING ATTORNEYS’ FEES), WITNESS FEES, DAMAGES, JUDGMENTS, FINES AND AMOUNTS PAID IN SETTLEMENT AND ANY OTHER AMOUNTS THAT My World Registry BECOMES LEGALLY OBLIGATED TO PAY BECAUSE OF ANY CLAIM OR CLAIMS MADE AGAINST OR BY My World Registry IN CONNECTION WITH ANY THREATENED, PENDING OR COMPLETED ACTION, SUIT OR PROCEEDING, WHETHER CIVIL, CRIMINAL, ARBITRATIONAL, ADMINISTRATIVE OR INVESTIGATIVE (INCLUDING AN ACTION BY OR IN THE RIGHT OF My World Registry) TO WHICH My World Registry IS, WAS OR AT ANY TIME BECOMES A PARTY, OR IS THREATENED TO BE MADE A PARTY, BY REASON OF THIRD PARTY CLAIMS OR YOUR USE OF THE WEBSITE(S), CONTENT AND PLATFORM, INCLUDING, BUT NOT LIMITED TO COMMUNICATIONS WITH OTHER USERS.

 

PRIVACY POLICY of World Registry LLC

Last Revised December 21, 2018

 

General

MyWorldRegistry.com is owned and operated by World Registry LLC (“We”). This Privacy Policy (the “Policy”) discusses the personally identifying information (“PII”) that we collect about you through our Platform at resource locator http://www.myworldisregistry.com (the “Platform”). Please read the complete Policy below and contact us if you have any questions. This Policy is part of and incorporated into the Terms of Use of the Platform.

If you are not comfortable with this Privacy Policy or our Terms of Use, you should not provide us with PII or other information or content and should cease use of the Platform. Please check this Privacy Policy regularly for changes, which World Registry LLC may make at any time. Continued use of the Platform constitutes agreement with the Privacy Policy as revised.

Definitions

Platform. Platform means the http://www.myworldregistry.com/ website operated by World Registry, LLC

Personal Data. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data. Usage Data is data collected automatically either generated by the use of the Platform or from the Platform infrastructure itself (for example, the duration of a page visit).

Cookies. Cookies are small files stored on your device (computer or mobile device).

Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Platform Providers). Data Processor (or Platform Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Platform Providers in order to process your data more effectively.

Data Subject (or User). Data Subject is any living individual who is using our Platform and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Platform to you.

Types of Data Collected

Personal Data

While using our Platform, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Platform or when you access the Platform by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Platform that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, mouse tracking, form submission data and other diagnostic data.

When you access the Platform with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Platform, to improve and customize our Platform.

You can enable or disable location services when you use our Platform at any time by way of your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Platform and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Platform.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Platform.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Platform.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

 

Use of Data

World Registry, LLC uses the collected data for various purposes:

  • To provide and maintain our Platform
  • To notify you about changes to our Platform
  • To allow you to participate in interactive features of our Platform when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Platform
  • To monitor the usage of our Platform
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA): the General Data Protection Regulation (“GDPR”) regulates the processing, collection, use, transfer, monitoring and tracking of the Personal Data (“PD”, defined below) of European Union residents (“EUR”), regardless of location or geography of the EURs or the businesses that obtain the PD. (See “Your Data Protection Rights under the General Data Protection Regulation” below).

Legal Basis for Processing Personal Data under the GDPR

World Registry, LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

For purposes of compliance with the GDPR, “Personal Data” shall have the same definition as provided in the GDPR, and includes, but is not limited to: any information relating to an identified or identifiable person (a “data subject”). The identifiers of a person may include, but is not limited to: an EUR’s name, email address, identification number, photo, location data, online identifier (e.g., IP address, social media info), and one more factors that are specific to the physical, physiological, genetic, mental, economic, cultural or social identify of the EUR.

World Registry, LLC may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • To comply with the law

Retention of Data

World Registry, LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

World Registry, LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Platform, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

World Registry, LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, World Registry, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

World Registry, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of World Registry, LLC
  • To prevent or investigate possible wrongdoing in connection with the Platform
  • To protect the personal safety of users of the Platform or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. World Registry, LLC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where World Registry, LLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Platform Providers

We may employ third party companies and individuals to facilitate our Platform (“Platform Providers”), provide the Platform on our behalf, perform Platform-related services or assist us in analyzing how our Platform is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Platform Providers to monitor and analyze the use of our Platform.

Links to Other Sites

Our Platform may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Platform does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Platform, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: support@myworldregistry.com

 

 

 

 

 

 

 

 

 

 

MWR Experience Provider Agreement

Addendum to Terms of Use

 

Last Updated: December 21, 2018

 

Thank you for becoming a Gift Experience Provider (“Experience Provider“ and “you”) at the My World Registry Marketplace. This MWR Experience Provider Agreement (“Provider Agreement”), is part of and subject to the My World Registry Terms of Use (“MWR Terms”), which are incorporated herein by reference, and constitutes the agreements between you and World Registry LLC (“My World Registry”, ”MWR”, “we” or “us”). If there is any conflicting provision as between this Provider Agreement and the MWR Terms, the provision in this Provider Agreement shall control.

 

The Provider Agreement contains terms regarding the creation and posting of Experience Listings (also called an “Experience” herein, both of which are defined as an experience that you as an Experience Provider are promoting selling and providing on the MWR online platform(s)), how and what Experience Providers get paid for their Experience Listings and other terms specific to an Experience Provider’s Experience Listings in connection with the Services (defined as all services provided by MWR, including but not limited to MWR’s provision of online platform(s) for the sale and purchase of experiences and gifts). Unless otherwise defined in this Provider Agreement, all capitalized terms have the meaning provided in the MWR Terms.  

Please read this Provider Agreement carefully.  If you don’t agree to its terms and conditions you will not become an Experience Provider and you may not offer Experience Listings in connection with the Services. MWR reserves the right to approve or reject any Experience Provider application, for any or no reason.  

 

Experience Listings and Experience Purchasing

Experience Listings

If you are listing an Experience in our website for the first time, MWR will also publish a “Bio” for your Experience, for which an interview will be conducted by a MWR staff member in order to draft the Bio. Your Bio shall be drafted by a MWR staff member and will include a description of: you as the provider, your inspiration, experience and expertise, and the Experience, along with any mutually approved images and a short introductory video of you introducing yourself and your expertise. The Bio will be displayed with all Experiences you provide. Unless MWR uses a Bio, word by word, that has been previously published by you elsewhere, MWR owns the copyrights for the MWR version of your Bio. You must negotiate the cost of using the Bio, if you wish to use the Bio in any other place besides the MWR online platform(s). The description of your Experience Listing is a proprietary marketing asset owned by MWR, unless the description is a simply copied and /from a description you have already drafted.

 

For each Experience, MWR will create an Experience Listing via the “MWR Admin portal”, and you will have access to through your Experience Provider Admin portal page. When you are in the process of creating your Experience with a MWR staff member, you will be asked questions about the Experience that will provide “Customers” (defined as the person(s) who are purchasing the Experience and/or enjoying the Experience he/she received as a gift) with the information that MWR believes they need. You may must also inform of  any applicable requirements which must be met by the Customer(s), including but not limited to the recommended health, fitness and skill level, time and location, form of delivery of the Experience (such as face to face, by phone, or virtually/online), and the expiration date of the Experience  You will also set the price for your Experience, as further described below under the section titled “Financial Terms”. See below regarding the pricing requirements for Exclusive versus Non-Exclusive Experiences (terms defined below).

After your Experience Listing information and details are complete, MWR will conduct a final review and you will be requested to approve all the information and images being published. Once your Experience Listing is approved, the applicable Experience will be published and offered for sale on MWR’s online platform(s) (i.e., MWR’s website). However, it will not be available for purchase on the front end of the website if the Experience Provider has not successfully linked their bank account on the Admin portal.

Changes to an Experience Listing must be submitted to MWR for approval prior to publication. Your ability to change or modify an Experience Listing after it’s been posted to the Services (and it’s visible on our website) can be modified anytime; however you are bound to the terms of an Experience Listing once it is purchased by a Customer. For Experiences that require the Customer and Experience Provider to agree on particulars such as the time and location for the Experience (“Scheduled Experiences”), the Experience Listing can be modified up until the time a Customer has submitted a request to schedule your Experience, paid a deposit for it, or purchased it for its full price. For Experiences that constitute an event with a set date, the Experience Listing can be modified up until the time that the first Customer registers for the event Experience, after which time, the Experience Listing must remain unchanged.  

Once an Experience has been approved for publication by Experience Provider and made available for purchase on MWR’s online platform or website, any substantial changes to the experience which would make the Experience no longer qualify to be sold on MWR’s website and therefore need to be taken down or cancelled, including if Experience Provider cancels or deactivates an Experience within six months of being published Experience Provider will be charged a non-refundable administrative fee of $75. However, you shall not be obligated to pay a non-refundable administrative fee of $75 if the reason for cancellation or deactivation is  for reasons not under your control, which shall be defined specifically as a death, relocation, or major catastrophe directly affecting your ability to provide the Experience as published.

 

MWR has the right to terminate the offering of any Experience via the Services and remove any Experience Listing at any time for any or no reason in MWR’s sole discretion (including, without limitation, if such Experience is related to any unlawful, distasteful, or prejudicial activity, or is inconsistent with MWR’s brand identity). MWR does not act as an insurer or as your contracting agent. If your profession is one that professionals normally require insurance to perform, then maintaining the appropriate insurance for your industry is required under the terms of this Provider Agreement. If your profession is one that professionals do not normally maintain insurance to perform, we still highly recommend that you obtain appropriate insurance for any Experience you provide.

Change Requests and Experience Scheduling

Changes to an Experience Listing prior to a Customer purchase is discussed above. However, once an Experience is purchased by a Customer, you and the Customer may negotiate a potential modification of the Experience (“Change Request”). If you choose to allow Change Requests in connection with your Experience, you can indicate the availability of this option in your Experience Listing. You will be responsible for managing all aspects of any Change Request including monetary transactions of any applicable fees directly with the Customer. If you will allow schedule changes for your Experience, we recommend that you include that option on the Experience Listing’s published details as additional information, and mention any fees associated with such changes, and any due date for such changes.  

 

For Scheduled Experiences, or for Experiences that cannot be purchased instantly and require an interview, qualification or application process, you must respond to a notification of inquiry, deposit paid or purchase with a request to schedule your Experience within forty-eight (48) hours, or preferably sooner when possible.  MWR may, at their discretion, make a good faith effort to contact you if you do not reply to a schedule request in a timely manner. MWR reserves the right to 1) remove your Experiences and/or Experience Provider account from the Services if you do not respond to schedule requests, 2) charge you an administrative fee of $75 and 3) you will be required to refund all payments you received for any Experience that has not been yet provided, within twenty-four (24) hours of MWR removing your Experience Listing. The time of receipt of the purchase and scheduling request will be tracked by MWR via the Services.  If you and the End User agree on the time and location (as applicable) for the Experience, you are required to send My World Registry an e-mail notification.

You are required to keep an accurate count of the number of available spots for any given Experience at all times and to update MWR of the remaining spots available.

Group Events

A Group Events allows unrelated Customers to participate in the same experience and you may determine what constitutes the minimum amount of Customer needed for the Group Event. If you choose to create a Group Event that requires a minimum number of sold Customers to occur, you will have to inform potential Customers of that minimum in your Experience Listing including the scheduled date and time for the Group Event, the minimum Customer threshold, and the final date the Group Event can be purchased. You are required to set a event viability date that is at least seven (7) days prior to the date the applicable Experience is scheduled to take place.  After the minimum Customer threshold has been reached, event tickets will continue to be sold until the date that you allow (“Sell By Date”) or until all tickets have been sold out. If the minimum Customer threshold is not reached by the event viability date, you will have one day to manually confirm the experience with only the ticket quantity currently purchased. Otherwise, the Group Event will be cancelled, and we will notify you and all Customers who have purchased tickets of the cancellation, cancel their orders and you will be required to immediately refund each the total fees paid for their tickets. You will not be paid for cancelled Group Events.

 

You are required to keep an accurate count of the number of available Group Event tickets available at all times and to update MWR of the remaining tickets available. If MWR sells a ticket for which there is not a spot available due to your failure to notify MWR of the tickets left available for any reason, you will refund the full purchase price paid by the Customer (including MWR’s Platform Fee) directly to the Customer, and cover any related costs of such refund. MWR shall be entitled to keep the Platform Fee collected as an earned fee for successfully selling the Experience. Therefore, you will refund the listed public sales price to the Customer, and not just the portion of the fee sales price you received, within 24 hours, in the form of a check, PayPal or similar, or bank transfer as preferred by the Customer.  One exception to the repayment of the Platform Fee portion of Customer’s price paid, is if you do not or cannot provide the Experience due to death, relocation, or major catastrophe directly affecting your ability to provide the Experience as published.

 

 

Experience Fulfillment and Customer Information

Unless otherwise agreed upon in writing, you – and not My World Registry – are the seller of the goods and Experiences and your services (including any add-ons or extras) described in your Experience Listing.  You are responsible for all Experience Listings you post. You represent and warrant:  (i) you have the right, power and authority to enter into this Provider Agreement; (ii) that any Experience Listing you post and the related Experience (a) will not breach any agreements you are bound to with any third parties; and (b) will (1) be administered in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to your profession and any Experience (including, without limitation, your acquisition and maintenance of all required permits, licenses and registrations for your profession and/or the Experience), and will not conflict with the rights of third parties; (iii) all Experiences will be provided pursuant to the terms and conditions of your Experience Listing; and (vi) your Experience Listing and any advertising or promotion of your products Experience(s) and services will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws.

In connection with the purchase of your Experience, you will receive certain information regarding the applicable Customer which may include , email addresses, and any other contact information for the Customer (collectively “Personal Data”, defined more below). You agree to hold all Customer Personal Data information in strict confidence, not to use it in any way, commercially or otherwise, except for purposes of fulfilling your obligations under this Provider Agreement. Further, you agree to comply with all privacy laws, including but not limited to the laws of the U.S. and the European Union’s General Data Protection Regulation (“GDPR”). Finally, you must obtain express permission from a Customer before you add a Customer to your own marketing contact lists, including without limitation your email list.

“Personal Data” shall have the same definition as provided in the GDPR, and includes, but is not limited to: any information relating to an identified or identifiable person (a “data subject”). The identifiers of a person may include, but is not limited to: an EUR’s name, email address, identification number, photo, location data, online identifier (e.g., IP address, social media info), and one more factors that are specific to the physical, physiological, genetic, mental, economic, cultural or social identify of the EUR. Said data need not be sensitive or secret to be protected under the GDPR.

You are solely responsible for honoring and fulfilling your Experiences.  From time to time My World Registry may add additional functionality to its online platform(s) or offer you additional services to assist with your fulfillment of Experiences.

 

Experience Provider Conduct

As an Experience Provider, without limiting the Terms of Use provided in the MWR Terms, in connection with your use of the Services, you also agree that you will not:

  • Use the Services to find a Customer for an Experience and then complete a sale and accept payment from that Customer for that Experience or any other services you offer publicly, outside of, or independent of, MWR’s Services, unless you inform MWR of such transaction that was possibly due to MWR’s marketing efforts and pay the due fee that you would have paid MWR as stated herein, whether the Experience or service bought outside MWR’s platform was exclusive or non-exclusive. You are required to track all Customer leads that originated from a Customer discovering your services through the MWR online platforms or website but who did not purchase via MWR’s platform, and provide said report to MWR monthly for all such Customers, along with the calculation of all fees owed to MWR. You are required to implement a method by which to determine and track how your customers found you and your services including customers that purchase from you directly. All Experience Fees (whether Exclusive or Non-Exclusive, as defined in the Financial Terms below) to be paid to MWR, shall be paid for a given month on or before the 15th day of the following month;
  • Offer an Experience for anything illegal, inappropriate, prejudicial, discriminatory or otherwise unlawful;
  • Fail to contact MWR if there are any issues with the execution of your Experience, before, during or after the Experience;
  • Accept or make payments for an MWR Experience outside of the Services unless previously agreed or arranged for with MWR; or
  • Provide an Experience that is inconsistent with the Experience Listing, including but not limited to, failing to fulfill all promised Experience components, failing to show up for a scheduled Experience or showing up late significantly enough to detrimentally affect the end users plans outside the allocated time for the Experience, or failing to provide an adequate and comparable Experience when it is impracticable to fulfill the purchased Experience as promised, as determined in MWR’s sole discretion;

Failure to adhere to friendly, respectful and professional standards of conduct, including, but not limited to, safe and respectful communication with Customers, MWR staff members, contractors and personnel, and anyone else involved in Experience fulfillment. You agree to provide Experiences in a safe and professional manner, and to provide prompt written (and verbal, when reasonably appropriate) notification to MWR and guests should any issues arise with the Experience.

Anti-Terrorism.xperience Provider represents that neither you nor, to your knowledge, any person or entity controlling, controlled by or under common control with you, nor any person having a beneficial interest in you, nor any person on whose behalf you are acting: (i) is a person listed in the Annex to Executive Order No. 13224 (2001) issued by the President of the United States (Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism); (ii) is named on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Office of Foreign Assets Control; (iii) is a non-U.S. shell bank or is providing banking services indirectly to a non-U.S. shell bank; (iv) is a senior non-U.S. political figure or an immediate family member or close associate of such figure; or (v) is otherwise prohibited from investing in the Company pursuant to applicable U.S. anti-money laundering, anti-terrorist and asset control laws, regulations, rules or orders (categories (i) through (v), each a “Prohibited Subscriber”). Further, Experience Provider, nor any of your affiliates, are in violation of any Anti-Terrorism Law (as hereinafter defined) or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. “Anti-Terrorism Laws” shall mean any laws relating to terrorism or money laundering, including: Executive Order No. 13224; the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, as the same has been, or may hereafter be, renewed, extended, amended or replaced; the applicable laws comprising or implementing the Bank Secrecy Act; and the applicable laws administered by the United States Treasury Department’s Office of Foreign Asset Control (as any of the foregoing may from time to time be amended, renewed, extended, or replaced).

Failure to abide by any of the Experience Provider Conduct agreements may result in any appropriate response, which may include, but not be limited to MWR terminating your Experience Listing and this Provider Agreement, in MWR’s sole discretion and without liability to MWR.

Cancellations

Without limiting any other terms of this Provider Agreement, if you cancel or do not fulfill your Experience, you will not be eligible for payment for such Experience and upon notice you must return to My World Registry any portion of the Experience Provider Share (defined below) paid to you in advance. Any refunds to Customers will be made in accordance with the MWR Terms.

 

Financial Terms

Key Definitions and Financial Terms.

 

Experience Sales Fee” means the portion of the Experience List Price that MWR keeps as its fee split, which is a percentage of the List Price. This fee will vary per Experience type and individual agreement between the Provider and MWR on List Price and Experience Sales Fee per each Experience.  The Experience Sales Fee is deducted from the total amount after any applicable credit or debit card transaction fees have been deducted upon purchase.

 

Gross Purchase Amount” means all monies received through the Wepay payment platform for the purchase of, or confirmed scheduling of, an Experience plus the Tax received from the Customer less any processing fees and related expenses.

 

List Price” means the gross purchase price for an Experience less any applicable Taxes.

 

Match Pricing” means that if you have published the price of any service that matches the Experience in the Experience Listing anywhere other than MWR’s online platform(s) and website, you agree that you will publish the exact same price on your Experience Listing with MWR, or notify MWR to change it in our end to match the new public price.

 

Tax” or “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT).

 

Fees. You agree to include in your Experience Listing a fixed purchase price for the Experience (whether dollars per person, dollars per hour, total fixed, or any other pricing system we may offer. Subject to the terms and conditions of this Provider Agreement, we will pay you an amount equal to the Gross Purchase Amount minus the relevant Experience Sales Fee, (the “Experience Provider Share”).  

 

 

Payment Terms.  When a Customer purchases an Experience from our Services, the purchase price will be automatically split between the Experience Provider’s payment platform as selected by MWR (currently a Wepay account) and MWR’s bank account, in the percentage split that corresponds to such Experience and in compliance with this Provider Agreement. An Experience Provider is required to sign up with the payment platform MWR uses (currently Wepay) in order to have their Experiences published live and available for purchase and in order to get paid for their sales. The Experience Provider is required to refund all payments received for Experiences that do not or will not take place for any reason whatsoever, within three (3) business days of the day that the Experience Provider knows the Experience will not take place.

 

Additional Payment Terms

 

Payments will be made in U.S. dollars, typically by Electronic Funds Transfer, to the current payment method platform in the financial section of your account. To ensure proper payment, you are solely responsible for keeping your account information current and complete. Notwithstanding the foregoing, MWR will not be liable for any payment based on:  (a) any amounts which result from invalid transactions; or (b) any illegal or otherwise invalid request for Customers to engage in a transaction.  Furthermore, MWR reserves the right to require payment:

  • as a result of (a) or (b), or breach of this Provider Agreement by you, as determined solely by MWR;
  • in certain cases where we decide, in our sole discretion, that it is prudent or necessary to reverse a transaction or to provide an Customer with a refund of all or a portion of the amount paid by such Customer for an Experience, for example, in the event that an Experience is cancelled by you or cancellation occurs for another reason beyond either party’s control; and
  • in certain cases where our bank or third party credit card processor withholds a percentage of a payment as a reserve, for example, as a result of actual or alleged fraudulent activity.

Furthermore, Experience Provider shall be required to reimburse MWR for the full amount received from MWR via our payment system (currently Wepay), in the event an Experience is not fulfilled as promised by Experience Provider in the Experience Listing. Reimbursement must be made within 5 business days from the date in which such Experience was scheduled to take place or, in the case of a Digital Product, within 3 business days of MWR’s written request (which shall include an email request to Experience Provider). MWR shall endeavor, but is not required to, include an email subject heading that includes the words “Reimbursement Required”).

Taxes. My World Registry cannot and does not offer Tax-related advice to any Experience Providers.

 

Marks

You hereby grant to My World Registry a non-exclusive, royalty-free, revocable license to use your trade names, trademarks, service marks, logos, branding elements and domain names (“Experience Provider Marks”), in connection with the Services, as well as in presentations, marketing materials, customer lists, press releases, and financial reports. All goodwill generated from the use of your Experience Provider Marks by My World Registry will inure to your benefit. Further, you authorize My World Registry to identify you as an Experience Provider.  You represent and warrant that you own all your Experience Provider Marks or you have all rights that are necessary to grant us the license rights in your Experience Provider Marks under this Experience Provider Agreement. With written permission from MWR, you may use My World Registry‘s trade names, trademarks, service marks, logos, branding elements and domain names (“MWR Marks”) for your Experience Listing on MWR’s website. Any such use of MWR’s Marks will be a non-exclusive, royalty-free, revocable license, limited only to use on MWR’s website for the length of time as determined solely by MWR.

Contact Us

If you have any questions regarding this Provider Agreement feel free to send us a note at support@myworldregistry.com.