Member Agreement

AnnaAndKristina.com Website Membership Agreement


This membership agreement ("Agreement") is a legally binding agreement between you ("you", "your") and Worldwide Bag Media Inc. (hereinafter referred to as "Bag Media", "us", "we" or "our"), governing your membership in Bag Media's website at www.annaandkristina.com (the "Website") and use of the services ("Services") available through the Website.


YOUR USE OF THE WEBSITE AND SERVICES IS ALSO GOVERNED BY OUR WEBSITE TERMS OF USE AND PRIVACY POLICY, WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.


Please read this Agreement carefully.  By REGISTERING AS A MEMBER, you are stating that you have read and understood this Agreement and that you agree to be bound by its terms.  If you do not agree with the terms in this Agreement, your sole recourse is not to become a member of the Website or use the Services.


From time to time, Bag Media may amend this Agreement.  Amendments will be posted on the Website.  Please check back frequently to see the terms of the Agreement then in effect.  The amended Agreement will be effective on the effective date indicated therein.  Your continued membership and use of the Services will constitute acceptance of the amended Agreement.  If you disagree with this Agreement, or any amendments to the Amendment, your sole recourse will be to cease using the Website, the Services, and/or to cancel your membership.


1.         MEMBERSHIP


A.                 ELIGIBILITY FOR MEMBERSHIP


To be eligible to become a member of the Website ("Become a Shopping Bag") and to use the Services, you must be over the age of majority in the jurisdiction in which you live and be capable of forming legally binding contracts under applicable law.                                                                       


B.                 HOW TO REGISTER


To Become a Shopping Bag, you must register on the Website by providing us with your email address, first name and last name,  country and province/state of residence, year of birth, and indicating whether you want to subscribe to the newsletter  (your "Registration Data") and selecting a password.  You will also be asked to complete optional personal information ("Personal Info") and profile details ("Profile Details"), which may include a photo and links to profiles you maintain on other websites. Your first name, the initial of your last name and your Profile Details will be used to create a Member Profile, which will be accessible to other Website members.  See the Privacy Policy for information about how we manage, use and make available your personal information.  You may cancel your membership at any time by contacting us and requesting that your membership be cancelled.


In consideration of your use of the Website, you agree to ensure that your Registration Data, Personal Info and Profile Details are accurate, current and complete, and that you keep all such information (including but not limited to your email address) up to date at all times.  Bag Media reserves the right to terminate the membership of any individual whose Registration Data, Personal Info or Profile Details have fallen out of date or cannot be verified for any reason.


You are responsible for maintaining the confidentially of your password.  Keep your password in a secure place and do not allow any unauthorized persons to access the Website or the Services using your password.  As a member, you are responsible for all activity that occurs under your password and through your Member Profile.  If you suspect that others have knowledge of your password, have accessed your Member Profile without consent, or suspect any other security breach, you are expected to report this to us immediately.  Access to and use of password-protected areas of the Website is restricted to registered members.  Attempting to access the member-only Services without authorization is prohibited.


C.                 CONTESTS


From item to time Bag Media may offer and/or co‑sponsor contests, sweepstakes and games on the Website.  Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.


D.                GENERAL


By choosing to Become a Shopping Bag and using the Services on the Website, you represent, warrant and agree that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website or Services.  Membership and use of the Services is void where prohibited by applicable law.


2.         SAFETY AND SECURITY SUGGESTIONS


Your optional Profile Details will be visible to all other members of the Website.  We do not recommend that you include information such as your last name, phone number, address, email address or other contact information in your Profile Details, or in postings on the Website, including but not limited to product reviews that you write.  We strongly encourage you to be cautious when sharing with other members personal information that could reveal your identity, address or contact information.


3.         USER CONDUCT


Members have the opportunity to upload, publish, display or otherwise post information, ideas and opinions on the Website through product reviews, responses, feedback, or other material (collectively, "User Content") posted to the Website or posted on other websites to which members provide links on the Website ("User Links").


By choosing to access the Website, Become a Shopping Bag and/or by submitting User Content, you represent, warrant and agree that:


  • You are over the age of majority in the jurisdiction in which you reside;

  • You will abide by all applicable laws and regulations;

  • You will not upload, post, email, provide a link to or otherwise transmit any User Content that:

    • Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", pyramid schemes or other such forms of solicitation;

    • Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy right of any party;

    • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, misleading, invasive of another's privacy, hatefully, racially, ethnically or otherwise objectionable; or

    • Contains any form of destructive software such as a virus, worm, trojan horse, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

  • You will not:

    • Harvest or otherwise collect or store any information (including personally identifiable information) about any other users or members of the Website except with the express consent of such individuals and as contemplated by use of the Services offered;

    • For the purposes of misleading others, create a false identity for your membership registration, or the origin of any message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;

    • Impersonate any person or entity, including but not limited to employees or representatives of Bag Media, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    • Attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through any means;

    • Interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; or

    • Use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information, or any portion thereof, other than in the context of your use of the Website.


4.         USER CONTENT


You are solely responsible for the content of your Member Profile and for all other User Content (including product reviews) that you upload, publish, provide a link to or display (hereinafter, "post") on or through the Website. You may not post User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that Bag Media may, but is not obligated to, review the Website and may block, edit, delete or remove (without notice) any User Content at its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Bag Media violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website.


You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Bag Media may retain archived copies of your User Content.


By posting or submitting or providing a link to User Content, you:


a.                   represent and warrant that you own or otherwise control all rights (including but limited to copyright and moral rights) in and to the User Content, and that the User Content does not and will not infringe the rights of any third party;


b.                  grant to Bag Media the unrestricted, irrevocable, perpetual, transferable, worldwide, royalty-free, nonexclusive right to use, aggregate, reproduce, display, adapt, modify, distribute, reformat, translate and edit the User Content that you post to the Website for any purpose whatsoever; and


c.                   waive all moral rights therein.


5.         PRODUCT REVIEWS


Bag Media strives to provide to the public product reviews of the highest quality and integrity. We encourage honest and respectful communication. Therefore, if you submit a product review, you hereby agree:


  • not to post a product review unless you own or have used the product;

  • to post only one review for each product (unless you are providing new information);

  • not to include insults, personal attacks or inflammatory language; and

  • not to post a review of a product if you are an employee (or a relative of an employee) of the manufacturer of the product or of a competitor's product.


You also understand and agree that Bag Media is under no obligation to display any product reviews that you submit on the Website, and may edit or remove product reviews at its sole discretion.


6.         RELEASE AND INDEMNITY; LIMITATION OF LIABILITY; NO     WARRANTY


By choosing to use this Website, Become a Shopping Bag, or by using any Services on this Website, you agree to release Bag Media, its licensors or partners or their respective employees, officers, directors or agents (the "Released Parties") from any and all liability, claims, demands, losses, costs, expenses, damages (actual and consequential) or actions of any kind and nature (collectively, "Liability"), known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable attorney's fees suffered by you, your executors or heirs, any third party, or their respective successors or assigns, and agree to defend, indemnify and hold harmless the Released Parties from any Liability suffered by the Released Parties with respect to or resulting from (i) your use of, or your acts or omissions related to, the Website or Services, (ii) your breach of this Agreement (including all documents incorporated by reference); or (iii) your violation of any law or the rights of a third party.  Without limiting the generality of the foregoing, the Released Parties will not be liable or responsible for: (i) the actions or inactions, acts or omissions, of any other Website member or other third party; or (ii) any misrepresentation, inaccurate, harmful, offensive or deceptive content posted on the Website, or any such conduct perpetrated, by any other Website member or any third party.


IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


THE LIABILITY OF THE RELEASED PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $150.


THE RELEASED PARTIES PROVIDE THE WEBSITE AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  THE RELEASED PARTIES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE.


SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION of certain damages, or certain limitations on implied warranties.  ACCORDINGLY, the exclusions and/or limitations above may not apply to you.


Each Released Party which is not a party to this Agreement is hereby constituted a third party beneficiary of the provisions of this Section 6.


7.         TERM OF MEMBERSHIP


Your membership will commence upon our acceptance of your registration and will continue until one of the following occurs: (1) you provide written notice to us of your intent to terminate this Agreement, (2) you breach any of the terms of this Agreement, including but not limited to using the Services in any fraudulent, misleading, material or harmful manner; or (3) Bag Media elects to terminate this Agreement, with or without cause and for any reason at its sole discretion, by notice to you.  In the event that your membership and/or this Agreement is terminated for any of the reasons stated above, you agree to discontinue any further use of the Services and the Website.  Any provision of this Agreement that imposes or contemplates continuing obligations on or of a party will survive any expiration or termination of this Agreement.


8.         NOTICES


Except as explicitly stated otherwise or as required by law, you will provide any notices to Bag Media by contacting us in writing or by email at the following address:


Worldwide Bag Media Inc.
805-207 West Hastings Street
Vancouver, BC V6B 1H7


administrator @ annaandkristina.com (Please remove spaces when typing this address into an email message.)


Bag Media will provide any notices to you by email to the email address you provide upon registration, and will be deemed given upon transmission. 



9.         GENERAL PROVISIONS


This Agreement does not, is not intended to and will not be construed as creating any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Bag Media.  You may not transfer your rights under this Agreement.  The waiver of any breach or default under this Agreement will not constitute a waiver of any subsequent breach or default.  This Agreement is deemed to be concluded in, and will be governed by and interpreted in accordance with the laws of the Province of British Columbia, without regard to principles of conflicts of law.  You agree that any action to enforce this Agreement may be brought in the Province of British Columbia.  You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of this Agreement and waive any objections and defenses inconsistent with such venue.


This Agreement, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and Bag Media with respect to the subject matter hereof.  Headings and captions of the sections are for reference purposes only.  If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.


� 2008-2011, Worldwide Bag Media Inc. 


Last Updated:  November 2008


 
 

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