WhoWeUse, Inc. Terms of Service
Last Updated September 17, 2014
Table of Contents
If you do not agree to all of these terms and conditions, do not use our Service. We reserve the right, at any time, to modify, suspend, or discontinue our Services, or any portions of them. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, or any portions of them.
CREATING AN ACCOUNT
In order to use our Service, you will need to register and create an account (your "Account"). By creating an Account, you represent that (a) all required registration or other information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. When creating an Account, you will be required to provide certain personal information about yourself. You agree to provide accurate, current and complete information about your Account.
When creating an Account, don’t provide any false personal information to us or create any account for anyone other than yourself without such other person’s permission.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any Account that you create through the Service that violates our Terms. You are responsible for activities that occur under your Account.
CONTENT ON THE SERVICE
Our Services allow you and your friends to share recommendations and opinions about various services, businesses, and people. The information available through the Services has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
CONTENT YOU PROVIDE
Our Service scans the address book of your cell phone with your permission, finds local services and friends in your address book, and uploads the data you elect to share to our service so it can be shared with other users. The Service allows you and other users to post, link, store, share and otherwise make available certain information, images, comments, messages, text and/or other content ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You should not post the contact information of anyone under the age of 18, such as a nanny or babysitter.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
USING THE SERVICE
We grant you permission to use the Service subject to the restrictions in these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive compliments or friend requests from other Users, text messages, or push notifications if you opt in to that feature. You may also receive e-mail newsletters and other communications about happenings in your local area.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose.
WhoWeUse and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
ACCEPTABLE USE AND CONDUCT
You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.
You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. "Prohibited Content" includes content that: (a) promotes illegal or harmful activities or substances; (b) is harassing, threatening or insulting to others; (c) violates the privacy, publicity, moral or any other proprietary right of others; (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) is sexually explicit or pornographic; or (f) otherwise violates these Terms or creates liability for us.
ENFORCEMENT BY US
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe constitutes or promotes prohibited conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms.
In order to satisfy governmental requests, subpoenas or lawful court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may find it necessary to access and disclose certain information or content, including your account information (i.e. your phone number, etc.), IP address and traffic information, usage history, your Content, and your conduct. As long as you comply with these Terms, you may view and use our Services for your personal, non-commercial entertainment purposes. No other use of our Services is authorized.
You acknowledge that all intellectual property rights in our Services, including the underlying software technology and the information and content available on our Services, are owned by us and our suppliers (including other users), are protected by copyright laws throughout the world. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Services or any content therein, in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in these Terms. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service ("Feedback") will be the sole and exclusive property of WhoWeUse, Inc. and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please contact us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Sites or through our Services; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent email@example.com.
THIRD PARTY SERVICES
Our Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a part of the value the service provides, but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites or other online services available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
CANCELLATION AND TERMINATION
You can cancel your account at any time by deactivating your account or by providing notice to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If you cancel your account or your access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account.
You understand and agree that the App and the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.