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Terms and Conditions

TERMS OF USE

Welcome

Welcome to Whoswhoville.com, the website of Whoswhoville, Inc. We are offering you access to our website and related services upon your acceptance of these Terms of Use and any other notices posted on our website. Your registration as a member indicates your acknowledgement and agreement that you have read and accepted all of the terms and conditions of these Terms of Use and any other notices posted on our website. We suggest you print a copy of each of these documents for your records. Nothing in these Terms of Use shall be construed to confer any rights or benefits to third parties.

Update to Terms of Use

We reserve the right, at our sole discretion, to modify or update any of these Terms of Use from time to time without notice or liability to you. Any modified or updated terms shall be effective immediately upon our posting such terms on our website. Your continued use of our services indicates your agreement to the modified or updated terms. If you do not agree to any modified or updated terms, you must notify us to terminate your account. You are responsible for regularly reviewing these Terms of Use for modified or updated terms.

Member Account, Password, and Security

In creating your account or community, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. As a member of our website, as a community creator, or administrator, you are solely responsible for keeping your password secure. You will be entirely responsible for any and all activities that occur under your account or community, and you agree to indemnify us for any loss incurred by us or another party for any wrongful use of your account or community.

You agree to notify us immediately of any unauthorized use of your account, community, or any other breach of security. We cannot and will not be liable for any loss that you may incur as a result of someone else using your password, account, or community, either with or without your knowledge. You agree to indemnify us for any losses incurred by us or another party due to unauthorized use of your password, account, or community. In addition, you agree not to use anyone else's password or account at any time, without the permission of the account holder.

Personal And Non-Commercial Use Limitation

Unless otherwise specified in this Terms of Use, our services and website are for your personal and non-commercial use. You agree that all of the intellectual property in your account, on our website, or in a community you create on our site is owned by us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from us (including simulating the appearance or function of our website). You are prohibited from selling, trading, or otherwise transferring your account or any community you create on our website to another party.

Links To Third Party Sites

Our website (including any community created within our website) may contain links to third party websites ("Linked Sites"). The Linked Sites are not under our control. We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working appropriately. We provide any Linked Site as a convenience to you, and the inclusion of any Linked Site does not imply endorsement by us of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within our website or services, any participation in promotions (including the delivery of and the payment for goods and services), and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of our website or services, you agree not to use our website or services for any purpose that is unlawful or prohibited by these Terms of Use, including the following: (1) in any manner that could damage, disable, overburden, or impair any of our website, any community created on our website (including any community connected to any of our websites) or any other party's use and enjoyment of our website and services; (2) in any attempt to gain unauthorized access to any of our accounts, computer systems or communities connected to any of our websites through hacking, password mining or any other means; (3) any attempt to obtain any materials or information through any means not intentionally made available through our website or services; and (4) any attempt to place an unreasonable load on our infrastructure (including, without limitation, transmission or activation of computer viruses or unsolicited communications).

Use of Services

Our website (including communities created on our website) may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative messages (commercial or otherwise);
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses (including use of manual or automated software, devices, or other processes to "crawl" or "spider" any of our web pages);
  • Violate any applicable laws or regulations;
  • Create a false identity for the purpose of misleading others; or
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of our website, other user or usage information, or any portion thereof.

You acknowledge and agree that we have no obligation to monitor the Communication Services. However, we reserve the right at any time to review materials posted to a Communication Service and to remove any material for any reason in our sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services, our website, or any community created by you on our website in our sole discretion at any time, without notice, for any reason whatsoever.

We reserve the right in our sole discretion at all times to disclose any information (including, without limitation, materials posted to a Communication Service) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

Information You Provide On Our Website

While using our website and services, you may provide information about yourself that may be visible to others. You should always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, and community creators are not authorized spokespersons for us, and their views do not necessarily reflect our views. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. As a result, you are responsible for adhering to such limitations if you download the materials.

Grant of License From You

The materials you post on our website, each a "submission" and collectively "submissions," (including, without limitation, any works of authorship, your profile, comments, recommendations, forums, photos, videos, sounds, images, text, listings, files, postings, messages, or other materials posted on or transmitted through our website or through any community created on our website) is yours, subject to the following license grants. If you post a submission to a community created on our website that is designated as public, it is a "public submission." If, on the other hand, you post a submission to a community created on our website that is designated as private, it is a "private submission." If you post a public submission, you are granting us and each user of our website a royalty-free, perpetual, irrevocable license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such public submission, provided that it is attributed in a manner specified by its author, if any is specified. If you post a private submission, you are granting us and each user of the community on which the private submission was posted a royalty-free, perpetual, irrevocable license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such private submission, provided that it is attributed in a manner specified by its author, if any is specified. Additionally, you acknowledge and agree that we may reformat, excerpt, or translate any submission you submit or post, and we may publish your name in connection with the submission. By posting any submission, you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission. You are responsible for making sure you have the rights to the submission and the right to grant a license to such submission as described above in this section.

Additionally, you may join one or more communities created on our website by a community creator. We or the community creator may delete the community at anytime for any reason in ours or the community creator's sole discretion. Any submission associated with a deleted community may also be deleted at our or the community creator's discretion. Accordingly, you agree and acknowledge that any submission you make may be deleted, and you have contemplated this possibility before contributing to a community.

Software and Content Available Through our Website

Any content made available to view in connection with our website, excluding submissions that may be made available by end-users through a Communication Service, is owned by us or our suppliers, is copyrighted work of ours or our suppliers, and is protected by copyright laws and international treaty provisions.

Trademarks

Whoswhoville, Inc., our website and related graphics, our logo and sub-logos, and trade names used on our website are our trademarks and may not be used without permission. Other trademarks and trade names that may appear on our website are the property of their respective owners.

Terms For Creating Communities

If you create your own community on our website, you agree to the terms and conditions set forth on our website at the time you establish your community, unless we negotiate a separate agreement with you. When establishing a community through our website, you will be given a number of choices regarding (i) whether you want to control the advertising and its revenue on your community, (ii) whether you want to charge the members of your community a subs

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