"Agreement" means these Terms & Conditions.
"Content" means the text, information, photographs, graphics, software or any downloads and other material on the Web Site.
"Advertiser" means the third party businesses or other organisations who advertise on our Web Site.
"Services" means the provision of content and any other services provided by us at any time through the Web Site or our online/digital channels.
"Web Site" means http://wowsource.info and includes all web pages hosted at http://wowsource.info
"We", "Us", etc means us. Without a limitation, it includes any subsidiary or associated company, charity or organisation of ours together with any licensor, affiliate, or network partner.
"You", "Yours", means you , as a user of our website, who may search for a "User" etc source and click a link.
Our Contract with you
These terms and conditions regulate the relationship between you and us. By using the Web Site to access the Services, you agree to have read and understood this Agreement and to be bound by it.
You agree that:
• If required, you shall provide only true and accurate information to us (including our advertisers, affiliates and partners) at all times.
• You will not commit any fraud or abuse of the system.
Acceptable Use Policy
• You will not attempt to interfere in any way with our networks or network security, or attempt to gain unauthorized access to any other computer system using our Web Site or Services.
• You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Web Site and all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide services.
Examples of violations, include but are not limited to the following:
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
• taking any action in order to obtain services to which you are not entitled.
You agree to indemnify us against any claims, demands, actions, costs, proceedings, expenses, loss or damage, including reasonable lawyers' fees by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other User using your computer, of any intellectual property or other right of any person or entity.
Interruption to the Services
• If it is necessary for us to interrupt the Services then we may do so without telling you first.
• You acknowledge that the Services may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
• All Content and Services are being offered on a "as is" basis with no warranty condition or term of any kind to the maximum extent as permitted by the law. We disclaim any representation and warranties, express or implied with respect to the service, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. WoWSource is not liable for any reliance placed on information posted on this site.
• Where we provide a service without specific charge, then it is deemed free of charge, and not to be associated with any other service for which a charge is made. Accordingly there is neither contractual nor other obligation upon us in respect of any such service.
• Where we provide a service with a specific charge, then it is deemed a donation, and not to be considered a purchase. Accordingly there is neither contractual nor other obligation upon us in respect of any such service.
• We are not responsible for any or all advertisements or user uploaded content on Web Site, including but not limited to goods or services advertised by Advertisers or Users. Each such offer is provided at the sole discretion and subject to the terms and conditions, as applicable, of the respective Advertiser. We give no warranty and accept no liability in relation with any such offer.
• We or our content suppliers may make improvement or changes to the Web Site, the Content or to any of the products and services described on the Web Site, at any time and without you.
• You are advised that Content may include technical inaccuracies or typographical errors.
• We give no warranty and make no representation, express, or implied, as to:
• the truth of any information given on the Web Site by any Offer Provider or third party;
• compliance with any law;
• non-infringement of any right;any implied warranty or condition as to merchantability or fitness for a particular purpose;
• The Web Site contains links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or Damage arising from your use of any such web site.
• In no event shall we, the Advertisers or our Content suppliers (by official partnership or User generated content) be liable for any special consequential damages or any damages whatsoever resulting from loss of use, results of use, loss of data or loss of revenues or profits, loss of business, loss of anticipated savings, loss of goodwill and loss or damage of any kind, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the Content available from this Web Site. WoWSource does not exclude liability for death or personal injury rising from negligence, nor liability for fraudulent misrepresentation, nor liability for anything which cannot be limited or excluded by law.
• These disclaimers form an essential part of this Agreement. Each sub paragraph in this Agreement is independent and severable from each other paragraph and enforceable accordingly if any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
We reserve the right to modify the Services and to change the terms and conditions of this Agreement at any time, without notice to you. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. WoWSource reserves the right to change the site, its functionality and design without prior notice. WoWSource may do this on a regular basis. Material on this website may be out of date, WoWSource has no obligation to update such material.
We may terminate this Agreement, in our sole discretion, at any time, for any reason, without notice to you. A breach of these conditions will result in an immediate termination of the right to use this site, WoWSource reserves the right to commence such action as we deem appropriate.
No waiver by us, in exercising any right shall operate as a waiver of any other right or that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
This context and claim arising out of these terms and conditions shall be interpreted according to the Laws of Untied States and the parties agree to non-exclusive jurisdiction of the U.S. courts.
Transactions Concluded Through Our Web Site
Contracts for the supply of goods and services formed through our site or as a result of visits made by you are governed by our terms and conditions of sale and supply of goods and service. Please review the bottom of this document for further information.
Uploading Material To Our Web Site
Supply of goods and services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply of goods and service.
Links To Our Web Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Web Site must not be framed on any other site, nor may you create a link to any part of our Web Site other than the home page. We reserve the right to withdraw linking permission without notice.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered and if it is moderated.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Web Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Web Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor (under 18’s) is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
TERMS AND CONDITIONS OF FINANCIAL TRANSACTIONS
You agree that all transactions are donations and not purchases, regardless of price being stated, and will be treated as such.
• Acceptance — ALL DONATIONS ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON DONOR'S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON XATACLYSM UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE.
• Changes — Orders arising hereunder may be changed or amended only by written agreement signed by both Donor and WoWSource, setting forth the particular changes to be made and the effect. The Donor may not cancel this order unless such cancellation is expressly agreed to in writing by WoWSource. In such event, WoWSource will advise the Donor of the total charge for such cancellation ($150.00 usd), and Donor agrees to pay such charges, including, but not limited to, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, cancellation costs imposed on WoWSource by its suppliers, and any other cost resulting from cancellation of this order by the Donor which is permitted by WoWSource.
• Delivery, claims, delays — If Shipping and Handling Charges are quoted or invoiced, they will include charges in addition to actual freight costs. Delivery of the goods to the carrier at Donor's shipping point shall constitute delivery to the Donor and the Donor shall bear all risk of loss or damage in transit. The general method of shipment for each item is listed in Donor's catalog. However, WoWSource reserves the right, in its discretion, to determine the exact method of shipment. WoWSource reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve the Donor of the Donor's obligations to accept remaining deliveries.The Donor agrees, that WoWSource may delay delivery, shipping, and processing, for any reason, at any time, which does not have to be disclosed unto you.
• Immediately upon Donor's receipt of any goods hereunder, The Donor shall inspect the same and shall notify WoWSource in writing of any claims for shortages, defects or damages and shall hold the goods for WoWSource written instructions concerning disposition. If the Donor shall fail to so notify WoWSource within 24hrs after the goods have been received by the Donor, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Donor.
• WoWSource shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond WoWSource control, including, without limitation, unsuccessful reactions, act of the Donator, embargo or other governmental act, regulation or request affecting the conduct of WoWSource, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
• Allocation of goods — If WoWSource is unable for any reason to supply the total demands for goods specified in the Donor's order, WoWSource may allocate its viable supply among any or all the Donor's on such basis as WoWSource may deem fair and practical, without liability for any failure of performance which may result there from.
• Payment — ALL currency transactions are considered a donation and will treated as such.You, the Donor, willingly and of your own accord, offer freely, funds to WoWSource to help maintain and support site, server, and anything that will be to the benefit of WoWSource. Goods received are a "token of thanks" for donations and not purchases.
• Taxes and other charges — Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between WoWSource and the Donor shall be paid by the Donor in addition to the prices quoted or invoiced. In the event WoWSource is required to pay any such tax, fee or charge, the Donor shall reimburse WoWSource three times the amount,therefore; or, in lieu of such payment, the Donor shall provide WoWSource at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
• Pricing — Goods which state "free" are as such. Goods which do have a prices are for donation pricing only. You, the Donor, agree to goods offered and priced, as such. Goods with "donation pricing" are considered a "token of thanks" for donating and not a actual purchase in any way.
• Price Changes — Shipment will be made promptly even if prices have been nominally increased. Price changes will be automatically applied to your invoice.
• Warranties — No goods, services, or anything else presented by WoWSource are under any type of warranty. Products, services, and goods obtained, in any way, from our service is " as is".
• WoWSource sole and exclusive liability and the Donor's exclusive remedy with respect to products or services proved to WoWSource satisfaction to be defective or nonconforming shall be no replacement of such products or services. XATACLYSM SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS OR SERVICES, EVEN IF XATACLYSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF THE DONOR OR OTHER USE OR ANY LIABILITY OF THE DONOR TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT OR SERVICE INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE EVEN IF SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY XATACLYSM'S GROSS NEGLIGENCE.
• Donor's use of products and services — WoWSource products and services are intended for learning and research purposes and, unless otherwise stated in WoWSource catalog or in other literature furnished to Donor, are not to be used for any other purposes, including but not limited to, diagnostic purposes, drugs, devices for humans or animals or for informing any anti-piracy group or organization. The Donor acknowledges that the products have not been tested by WoWSource for safety and efficacy for any use, unless otherwise stated in WoWSource literature furnished to the Donor.
• The Donor realizes that, since WoWSource products are, unless otherwise stated, intended primarily for research and learning purposes, they may not work properly, yet the Donor accept them "as is".
• Donor's Representations and Indemnity — The Donor represents and warrants that it shall use all products and services ordered herein in accordance with said terms, and that any such use of products or services will not violate any law or regulation. The Donor agrees to indemnify and hold harmless WoWSource, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that WoWSource may sustain or incur as a result of any claim against WoWSource based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by the Donor, its officers, agents, employees, successors or assigns, by the Donor's customers, by end users, by auxiliary personnel or by other third parties, arising out of, directly or indirectly, the use of WoWSource products, or by reason of the Donor's failure to perform its obligations contained herein. The Donor shall notify WoWSource in writing within fifteen (15) minutes of the Donor's receipt of knowledge of any accident, or incident involving Seller's products which results in personal injury or damage to property, and the Donor shall fully cooperate with WoWSource in the investigation and determination of the cause of such accident and shall make available to WoWSource all statements, reports and tests made by the Donor or made available to the Donor by others. The furnishing of such information to WoWSource and any investigation by WoWSource of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by WoWSource, infact the Donor agree's to no liability by WoWSource or its personal
• Returns — Goods may not be returned for credit except with WoWSource permission, and then only in strict compliance with WoWSource no return policy.
• Technical Assistance — At the Donor 's request, WoWSource may, at WoWSource discretion, furnish technical assistance and information with respect to the Donor 's products. XATACLYSM MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO TECHNICAL ASSISTANCE OR INFORMATION PROVIDED BY XATACLYSM OR XATACLYSM'S PERSONNEL. ANY SUGGESTIONS BY XATACLYSM REGARDING USE, SELECTION, APPLICATION OR SUITABILITY OF THE PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN A WRITING SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF XATACLYSM.
• Miscellaneous — WoWSource failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of WoWSource right to strictly enforce such terms or conditions or exercise such right thereafter. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies WoWSource may have at law or in equity. Any waiver of a default by the Donor hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms and conditions and shall not affect their interpretation. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.