WHEREZA TERMS & CONDITIONS
1. Acceptance of Terms
This is the whereza.com ("WHEREZA") Terms & Conditions (the "Agreement). As used in this Agreement, "we", "us", or "our" refers to WHEREZA, and "you" or "your" refers to the company or person(s) who uses the site. The Agreement governs your use of WHEREZA, as well as your use of any data you obtain by using the site.
WHEREZA reserves the right to change the Agreement from time to time without notice to you by posting new Terms & Conditions on the WHEREZA website. Please refer to the Terms & Conditions periodically for any changes.
BY CONTINUING TO USE THE WHEREZA SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS THEREOF.
WHEREZA will never disclose your name, email address, business name, contact data or other information to anyone except on-site employees of WHEREZA and you yourself without receiving your permission.
3. User Account, Password, and Security
Upon creating a user account, you agree to provide WHEREZA with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WHEREZA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WHEREZA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
4. Release to Display Location Information
4.1. You hereby authorize WHEREZA to display locations which you have provided to it by entering them into your account.
4.2. You grant to WHEREZA a non-exclusive, worldwide, royalty-free license to utilize the locations that are entered to advertise, market, promote, and publicize in any manner including but not limited to all areas of the website, our affiliate sites, in internet advertising and hard copy marketing materials; provided, however, that we shall not be required to so advertise, market, promote, or publicize.
4.3. You hereby release WHEREZA and its agents, principals, employees or servants from any liability regarding the display of addresses and locations that you have submitted to them, including any liability for redisplay by individuals making copies of the addresses and locations published by WHEREZA.
5. RESTRICTIONS AND RESPONSIBILITIES
5.1. You will abide by WHEREZA's Terms & Conditions laid out herein and those assigned specifically to uploaded art and content. We may update these documents from time to time at our sole discretion.
5.2. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the WHEREZA site or any software, documentation, or data related to the it; remove any proprietary notices or labels from the site, modify, translate, or create derivative works based on the site.
5.3. You agree to indemnify, defend and hold harmless WHEREZA, its subsidiaries, affiliates, officers, employees, and consultants from any and all claims, liability, damages and/or costs (including without limitation legal fees) arising from your use of the site, or from your violation of this Terms & Conditions.
5.4. WHEREZA will not use any customer information for any other purposes than those intended for the site. In addition, we will not use your information for the purpose of sending unsolicited commercial email. We will not disclose personally identifiable information about you to third parties, without your authorisation, unless we believe such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend our rights or property or that of others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement.
5.5. The WHEREZA site may only be used for lawful purposes. Transmission or solicitation of any material that violates the applicable laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. Any such information on any part of the site shall be removed by WHEREZA
5.6. WHEREZA reserves the right, but is not obligated to, review and approve any content posted by Users. WHEREZA retains the right to cancel and delete any information/content violating responsible Usage Rules as defined by WHEREZA. WHEREZA disclaims all copyright and other rights in such content and all responsibility for them.
5.7. You will also indemnify WHEREZA in the event that WHEREZA shares your name with third parties for violations of Usage Rules. By using the Service, you are giving WHEREZA permission to copy and/or store User content, contact Lists and other information.
6. PAYMENT AND REFUND POLICY
6.1. Payments made by any party to WHEREZA using the WHEREZA web site are non-refundable. If you believe that there are extenuating circumstances that entitle you to a refund, please write to us at firstname.lastname@example.org
describing in detail the reasons for your refund request.
Prices for products and services on WHEREZA (if applicable) are described on our Site and incorporated into this Agreement by reference. Prices and products may change at WHEREZA's discretion.
8.1. WHEREZA reserves the right to terminate this Agreement, in whole or part, at any time.
9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF WHEREZA IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHEREZA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHEREZA DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT WHEREZA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WHEREZA, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT WHEREZA DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, WHEREZA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
YOU ACKNOWLEDGE THAT WHEREZA MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHEREZA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL WHEREZA OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING WHEREZA OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHEREZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. TERM OF THE AGREEMENT
11.1. The term of this Agreement will begin upon your first use of the WHEREZA site and will end when terminated by either you or us as described herein. We may terminate this Agreement at any time, with or without cause, and with or without notice. In the event that you would like to terminate this Agreement, you will need to send such notice of termination via email to email@example.com. Your termination of the Agreement will be effective upon the last day of the month in which we received such notification.