YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TERMS AND CONDITIONS IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS THAT WESAVENEVERLAND.COM MAKES FROM TIME TO TIME. If you do not agree to this Terms and Conditions, you may not use the Site or the Service.
You may not use the Service and you may not accept this Terms and Conditions if you are not 18 years of age. If you accept this Terms and Conditions, you represent that you have the legal capacity to be bound by it. WeSaveNeverldand may amend this Terms and Conditions at any time by posting the amended Terms and Conditions on the Site, and you agree that you will be bound by any changes to this Terms and Conditions. The date of last revision of this Terms and Conditions is included at the bottom of this page. WeSaveNeverland may make changes to the Site and/or the Service at any time. You understand that WeSaveNeverland may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
General Website Disclaimers & Terms:
This site content is provided for information only without any warranty, express or implied, that the content is accurate, current or complete, fit for a particular purpose or free from any computer viruses or defects. We will not be liable for any loss or damage caused by a virus or denial of service that may infect your computer hardware or programs, data or other proprietary material due to your use of this site and/or your downloading of any material posted on it (whether belonging to WeSaveNeverland or not). Commentary by WeSaveNeverland and other materials posted by WeSaveNeverland on this site are not intended to amount to advice by WeSaveNeverland or by any of its directors, agents, employees or members. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents. WeSaveNeverland will not be liable for any damages of any kind resulting from the use of or inability to use this site or its content. No guarantee is given that this site will always be available 24/7.
The WeSaveNeverland website may be linked to other websites that are not under WeSaveNeverland’s control. WeSaveNeverland provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or approval by WeSaveNeverland of any website, product or service. WeSaveNeverland does not assume any responsibility or liability in respect of such websites, including, for example, responsibility or liability for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Requests for permission for linking a website to the WeSaveNeverland website can be done by emailing us.
You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.
Use And Indemnity:
WeSaveNeverland expressly prohibits the use of this site by you for any purpose which may be unlawful in the United Kingdom. You agree to keep WeSaveNeverland indemnified against any claim, loss, liability, damages or expenses on a full and unqualified indemnity basis arising out of any misuse by you of any part of this site or any information embodied in it.
WeSaveNeverland is an initiative of fans aimed at buying Michael Jackson’s ranch. WeSaveNeverland.com and all pages in this domain (“Site”, “Website”, “WeSaveNeverland”) is offered as a platform to allow an individual (“Donors”) to make donations (“Donations”) to the site owner in an effort to help the WeSaveNeverland.com website owner to buy Michael Jackson’s former home called Neverland Valley Ranch (5225 Figueroa Mountain Rd, Los Olivos, CA 93441) for the WeSaveNeverland siteowner’s own use. WeSaveNeverland is not a broker, agent, financial institution, creditor or nonprofit corporation (“Charity”)! The WeSaveNeverland Site provides certain promotions on the Site (“Promotions”, “Raffle”, “Rewards”) for a chance to win unique, amazing, or once-in-a-lifetime experiences and receive rewards traditionally unavailable to the general public. Donors may enter Promotions by making a Donation. Supporters who donate $50 (USD) or more than $50 (USD) have a chance to win Michael Jackson or Neverland memorabilia. If this Terms and Conditions conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. Occasionally where law permits, we may offer different types of Promotion than sweepstakes, which will have their own rules and terms.
WeSaveNeverland reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this Terms and Conditions. In addition, WeSaveNeverland may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
Donations & Refunds:
All donations are final, refunds cannot be provided. Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable.
The campaign runs as long as the target is achieved, i.e. until the current selling price of the ranch is collected or until we can buy the ranch. If the campaign ends due to reasonable considerations or if a vis maior situation should happen, all funds raised in the campaign will be used for charity. Therefore, refunds of donations cannot be claimed on the grounds that the campaign was unsuccessful. Feel free to recommend a charity organization to receive the collected donations in the ‘Forum’ section of our web page (https://www.wesaveneverland.com/forum/). Donations may be divided among several organizations so that we can support several different charity organizations. This is in line with the spirit of Michael Jackson and his heritage.
If a reward includes the right for the supporter to enter the ranch, to spend a night on the ranch or that the supporter’s name will be shown at the gates of the ranch, please note that this reward can be granted (in whole or in part) only after we have successfully bought Neverland Ranch. If the reward offered in exchange for the donation includes a gift that can be granted regardless of whether or not the ranch is bought, the supporter accepts that they cannot make any claims or requests for replacement following the delivery of the reward.
Your WeSaveNevreland donation supports an awesome cause and enters you to win an awesome prize(s). It helps us to save Michael Jackson’s former home and create real impact – as such, we do not provide refunds. If your donation is accompanied by a campaign perk, please note that delivery time varies based on the item. Due to the exclusive nature of all campaign perks, we apologize for not being able to accommodate exchanges.
To use certain portions of the Site and Service, you will be directed to register on the Site (for example on the “Forum”) and create a user profile or account (“Account”). Eligibility is limited to persons equal to or over the age of 18, or to persons who have reached the age of majority in their countries of residence. As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to WeSaveNeverland for purposes of creating an account will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this Terms and Conditions and may result in the immediate termination of your Account. You shall promptly update your registration information to keep it true, accurate, current and complete; and maintain the confidentiality of your password.
In creating an Account, you shall not select or use the email address or user name of another person with the intent to impersonate that person, use a name subject to the rights of any other person without authorization, use an email address or user name that is profane, offensive or otherwise inappropriate or allow any other party to use your account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify WeSaveNeverland by sending an email to email@example.com of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. WeSaveNeverland is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Termination of Account:
You understand and agree that you have no ownership rights in your Account and WeSaveNeverland may stop offering the Service at any time. Further, WeSaveNeverland may cancel your Account, delete all of your registration information and any other information you have provided through the Site (collectively, user content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of this Terms and Conditions. WeSaveNeverland will not be liable for any damages or loss resulting from the removal of any user content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. WeSaveNeverland reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.
Limited License to Use Site and Service:
Subject to all of the terms and conditions of this Terms and Conditions, WeSaveNeverland hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service. The Site and Service may only be used for personal and non-commercial purposes and must at all times be used in accordance with this Terms and Conditions and rules, restrictions and/or documentation set forth by WeSaveNeverland from time to time. All modifications and enhancements to the Site and Service remain the sole property of WeSaveNeverland. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that WeSaveNeverland, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof including any Service, without prior notice. WeSaveNeverland reserves the right to add or remove features or functions to the Site or Service at any time in its sole discretion. Notwithstanding anything to the contrary herein, you may not: cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of WeSaveNeverland; or make any false, misleading or deceptive statement or representation regarding WeSaveNeverland and/or the Site or Service.
Use of Site and Service:
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: is defamatory, harmful, abusive, obscene or hateful; in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, performs any unsolicited commercial communication not permitted by applicable law; constitutes harassment or a violation of privacy or threatens other people or groups of people; is harmful to children in any manner; violates any applicable law, regulation or ordinance; makes any false, misleading or deceptive statement or representation regarding WeSaveNeverland and/or the Site or Service or constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a sweepstakes (or multiple sweepstakes) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.
You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. WeSaveNeverland does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, WeSaveNeverland does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that WeSaveNeverland may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will WeSaveNeverland be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.
The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.
All comments, feedback, suggestions, ideas, uploaded photo and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: to maintain any Comments in confidence; to pay to you or any third party any compensation for any Comments; or to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); to satisfy any applicable laws or regulations where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and in order to protect the rights or property of WeSaveNeverland, including to enforce this Terms and Conditions. By entering into this Terms and Conditions, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Site and the Service are operated by WeSaveNeverland in the United Kingdom. Those who choose to access the Site, and/or the Service from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with applicable local laws.
Links from the Site. The Site may contain links to websites operated by other parties. WeSaveNeverland provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of WeSaveNeverland, and WeSaveNeverland is not responsible for the content available on the other sites. Such links do not imply WeSaveNeverland’s endorsement of information or material on any other site and WeSaveNeverland disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to WeSaveNeverland’s linking policy as follows: the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with WeSaveNeverland and/or its licensors’ names and trademarks, the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with WeSaveNeverland, when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and WeSaveNeverland reserves the right to revoke its consent to the link at any time and in its sole discretion.
Disclaimer of Warranties:
THE SITE, SOFTWARE AND THE SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WESAVENEVERLAND MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. WESAVENEVERLAND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WESAVENEVERLAND PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Because some countries or states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
You agree to defend, indemnify and hold WeSaveNeverland, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of or relating to your use or misuse of the Site, the Software or the Service, your breach or alleged breach of this Terms and Conditions, including, without limitation, a breach or alleged breach of any representation or warranty by you in this Terms and Conditions; your violation of any law, rule, regulation or rights of others in connection with your use of the Site, the Software or the Service, or infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through the Service.
Governing Law; Jurisdiction:
This Terms and Conditions shall be is governed by, and will be construed under, the laws of the United Kingdom, without regard to choice of law principles. All disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the courts located within the United Kingdom and you agree to submit to the personal jurisdiction of such courts.
Third party services, content, information and products may be made available by WeSaveNeverland on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and WeSaveNeverland makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.
At WeSaveNeverland we have partnered with Stripe.com to handle all our customers on-line payments. Doing so allows us to remove the burden of processing highly sensitive data to a dedicated and verified payment operator. Please Note: Your financial details are processed by Stripe and they never reach our servers. This approach makes sure that your card is processed safely. And can never be stolen.
1. Amendments/Revisions. This Terms and Conditions may only be amended and/or revised in writing by WeSaveNeverland (including by publishing such revisions by WeSaveNeverland on the Site.
2. Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WeSaveNeverland as a result of this Terms and Conditions or your use of the Site, the Software or the Service.
3. Assignment. WeSaveNeverland may assign this Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Terms and Conditions without WeSaveNeverland’s prior written consent, and any unauthorized assignment by you shall be null and void.
4. Severability. If any of the provisions of this Terms and Conditions is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
5. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Terms and Conditions, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
6. No Waiver. Our failure to enforce any provision of this Terms and Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Terms and Conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
7. Notices. All notices given by you or required under this Terms and Conditions shall be in writing and addressed to: FLV Media LTD, 40 Marlborough road N19 4NB, London, United Kingdom, Attn: WeSaveNeverland Customer Service.
8. Equitable Remedies. You hereby agree that WeSaveNeverland would be irreparably damaged if the terms of this Terms and Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms and Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
9. Entire Agreement. This Terms and Conditions, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, the Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.
All questions and concerns regarding this Terms and Conditions should be directed to firstname.lastname@example.org
Last Updated: March 30th, 2019