Whozin Mail is a free web-based email service. In order to use Whozin Mail, you must be a registered Whozin user. Standard Terms and Conditions Introduction. This agreement between You and Whozin Corporation consists of these WHOZIN MAIL ONLINE PROGRAM Standard Terms and Conditions. Program Participation. Participation in the Program is subject to Whozin Corporation prior approval and Your continued compliance with the Program Policies. Whozin Corporation reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Whozin Corporation (including by electronic mail). - You agree to direct to Whozin Corporation.
- You agree not to disclose Whozin Corporation Confidential Information without Whozin Corporation 's prior written consent; these includes without limitation: (a) all Whozin Corporation software, technology, programming, specifications, materials, guidelines and documentation relating to the Program;
- No Guarantee.
Whozin Corporation makes no guarantee regarding the level of clicks or the amount of any payment to be made to You under this Agreement. Whozin Corporation MAKES NO WARRANTY for the Whozin Mail Program. - Limitations of Liability; Force Majeure.
Except for any indemnification and confidentiality obligation hereunder or your breach of any intellectual property rights AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, - IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND
- Whozin Corporation 's AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY Whozin Corporation TO USERS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
- Payment.
You shall receive a payment related to the number of valid clicks on your Inbox Whozin Email if Your earned balance is $100 or more. In the event the Agreement is terminated, Whozin Corporation shall pay Your earned balance to You within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You (following Whozin Corporation 's receipt of Your written request, including by email, to terminate the Agreement) or by Whozin Corporation. In no event, however, shall Whozin Corporation make payments for any earned balance less than $10. Notwithstanding the foregoing, Whozin Corporation shall not be liable for any payment based on: (a) any amounts which result from invalid clicks generated by any person, bot, automated program or similar device, as reasonably determined by Whozin Corporation, including without limitation through any clicks (i) originating from Your IP addresses or computers under Your control, (ii) solicited by payment of money, false representation, or request for end users to click on your Whozin Inbox Email or (iii) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period. Whozin Corporation reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending Whozin Corporation 's reasonable investigation of any of the foregoing or any breach of this Agreement by You. In addition, if You are past due on any payment to Whozin Corporation in connection with any Whozin Corporation program (including without limitation the Whozin Mail Program program), Whozin Corporation reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to Whozin Corporation. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. Whozin Corporation may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify Whozin Corporation in writing within thirty (30) days of any such payment; failure to so notify Whozin Corporation shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Whozin Corporation. No other measurements or statistics of any kind shall be accepted by Whozin Corporation or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by Whozin Corporation (including by electronic mail). You agree that Whozin Corporation may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use Whozin Corporation 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may do so, so long as such use is in compliance with this Agreement and in compliance with Whozin Corporation's. - Your Obligation to Indemnify.
You agree to indemnify, defend and hold Whozin Corporation, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement. - Whozin Corporation Rights.
You acknowledge that Whozin Corporation owns all right, title and interest, including without limitation all Intellectual Property, and Brand Features, and excluding items licensed by Whozin Corporation from third parties), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Whozin Corporation services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter G Whozin Corporation 's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Whozin Corporation services, software, or documentation (including without limitation the display of Whozin Corporation’s Brand Features with Ads, Links, Search Boxes, Search Results, and/or Search Buttons, as applicable). Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. This Agreement shall be governed by the laws of Romania , except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Cluj Napoca - Romania . The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Whozin Corporation. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Whozin Corporation. Notwithstanding the foregoing, Whozin Corporation may assign this Agreement to any affiliate at any time without notice. The relationship between Whozin Corporation and You is not one of a legal partnership relationship, but is one of independent contractors. Program Policies Users participating in the Whozin Mail program are required to adhere to the following policies. We ask that you read these policies carefully and refer to this document often. If you fail to comply with these policies, we may disable your Whozin Mail account. While in many cases we prefer to work with users to achieve policy compliance, we reserve the right to disable any account at any time. If your account is disabled, you will not be eligible for further participation in the Whozin Mail program. Please note that we may change our policies at any time, and pursuant to our Terms and Conditions, it is your responsibility to keep up to date with and adhere to the policies posted here. Invalid Clicks Clicks on your Inbox emails must result from genuine user interest. Any method that artificially generates clicks or impressions on your Inbox emails is strictly prohibited. These prohibited methods include but are not limited to repeated manual clicks, using robots, automated click generating tools, third-party services that generate clicks such as paid-to-click, paid-to-surf, autosurf, and click-exchange programs, or any deceptive software. Failure to comply with this policy may lead to your account being disabled. Getting paid In the Beta Edition we pay the users for every readed email from the Indox of Whozin Email Account. In Beta Edition we cannot guarantee that the amount af money that you collect through your email account are according to your email reading. Also, we cannot guarantee that the amount of money will be paid. In Whozin Beta Edition we offer the opportunity to collect 0.001 USD for every read email from your Whozin Inbox Email. Since payments are sent to the mailing address submitted with your application, it's important to confirm the accuracy of your contact information and payee name. If can modify and correct any information any time you want accesing your account information. For security reasons, you cannot change the Payee Name or Country fields once your application has been approved. If you need to make changes to either of these fields, please contact us and request that we close your account. Once your request has been processed, you will then be able to submit a new application with the corrected payee name and mailing address. In addition to confirming your contact information, you'll need to submit your tax information so that you may become eligible to receive a payment from Whozin Corporation. When your total unpaid earnings reach $100, we'll send you a payment at the end of the next month. If your total unpaid earnings haven't yet reached $100, they'll roll over to the next month and accrue until they meet the $100 threshold. Payment is disbursed within approximately 30 days of the end of the month. NOTE: If you are not yet 18, you may have a parent or guardian submit an application using their name as the payee name. Please note that, should the application be approved, all payments will be made to the adult responsible for the account. Information Collection and Use Practices If you have previously registered with Whozin, the first time you access Whozin Mail, you will be asked for the first and last name you would like to display on all outgoing mail messages. You can choose the name you would like your account to reflect. If you register with Whozin through Whozin Mail, this information will be collected during the registration process. Whozin's practice is not to use the content of messages stored in your Whozin Mail account for marketing purposes. Whozin Mail automatically identifies objects in your email, such as phone numbers, addresses, email addresses and other items of interest, so that you can quickly take actions, such as saving information to your Whozin Address Book, getting a map or initiating a search. The identification of these objects is an automated process, carried out by servers that are designed to detect and highlight specific types of words or phrases, but which do not attempt to analyze the meaning of an email. No person reads your email, nor is any personal information collected or stored in this process. Your email is just as private with or without this feature enabled. You may turn this feature off or adjust the types of objects detected at any time by going to the Mail Options-> General Preferences page. In order to protect users, Whozin Mail does automated spam, virus, and malware detection that may use any of the message's contents including headers, body, and attachments. Whozin takes your security seriously and takes reasonable steps to protect your information. We use industry-standard SSL (Secure Socket Layer) to encrypt the transmission of your credit card and other information used when ordering premium services. Information Sharing and Disclosure Practices Whozin Mail includes IP addresses in outgoing mail message headers, as specified by standard Internet protocol. When users click the Spam and Not Spam buttons, information is sent to Whozin Mail's anti-spam team for review, and aspects of these messages may be shared with the sender to reduce spam. Practices Regarding Your Ability to Update or Delete Information You can modify your settings and preferences in your Whozin Mail account by accessing "Mail Options" or your “Account Information”. Other When you use Whozin Mail, you are subject to the Whozin Terms of Service and to the Whozin Mail Additional Terms of Service and Guidelines. Please see Whozin Mail Help if you have questions about this service. This page describes current Whozin practices with respect to this particular service. This information may change as Whozin revises this service by adding or removing features or using different service providers. To find out how Whozin treats your personal information, please visit our Privacy Policy. Whozin Inc. ("Whozin”) welcomes you. Whozin provides its service to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. In addition, when using particular Whozin owned or operated services, you and Whozin shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the Terms of Service. Whozin may also offer other services that are governed by different Terms of Service. Whozin provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Whozin to provide the Service. You also understand and agree that the Service may include certain communications from Whozin, such as service announcements, administrative messages and the Whozin Newsletter, and that these communications are considered part of Whozin membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Whozin properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Whozin assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. - YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Whozin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Whozin has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Whozin and its affiliates. - MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive or provide a password and account designation upon completing the Service'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 Whozin 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. Whozin cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Whozin,are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Whozin does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Whozin be liable in any way for any 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 via the Service. You agree to not use the Service to: - upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Whozin official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complet Privacy Policy).
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any foreign terrorist organization;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Whozin may or may not pre-screen Content, but that Whozin and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Whozin and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Whozin or submitted to Whozin, including without limitation information in Whozin Message Boards and in all other parts of the Service. You acknowledge, consent and agree that Whozin may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Whozin, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Whozin and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. - INTERSTATE NATURE OF COMMUNICATIONS ON WHOZIN NETWORK
When you register with Whozin, you acknowledge that in using Whozin services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and files, and other Internet activities), you will be causing communications to be sent through Whozin’s computer networks, portions of which are located all over the world. As a result, and also as a result of Whozin network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions. - SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. - CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Whozin does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Whozin the following worldwide, royalty-free and non-exclusive license(s). - With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Whozin removes such Content from the Service.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Whozin through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Whozin is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Whozin shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Whozin may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Whozin without any obligation of Whozin to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Whozin under any circumstances. You agree to indemnify and hold Whozin and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Whozin ID), use of the Service, or access to the Service. - GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Whozin may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Whozin 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Whozin has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Whozin reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Whozin reserves the right to modify these general practices and limits from time to time. Whozin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Whozin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Whozin may, under certain circumstances and without prior notice, immediately terminate your Whozin account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Whozin account includes (a) removal of access to all offerings within the Service, including but not limited to Whozin (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Whozin's sole discretion and that Whozin shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. - DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Whozin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Whozin has no control over such sites and resources, you acknowledge and agree that Whozin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Whozin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. - Whozin'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Whozin or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Whozin grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Whozin for use in accessing the Service. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: - YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHOZIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WHOZIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOZIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Service.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHOZIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 WHOZIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. - EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. - SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Whozin and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information. - NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement. Whozin may provide you with notices, including those regarding changes to the Terms of Service, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed. Universal Anti-Spam Policy Whozin encourages you to use our service as long as you abide by the Whozin Terms of Service and Whozin prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service: - Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Whozin computer systems.
- Relaying email from a third party's mail servers without the permission of that third party.
- Using or causing to be used Whozin computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- Using "robots" or otherwise harvesting other's email addresses from the Whozin site for purposes of sending unsolicited or unauthorized material.
- Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
- Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
Violations of our Terms of Service may result in legal action against you and the termination, without notice, of your Whozin ID and/or anything associated with it, including, but not limited to, email accounts, clubs, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through Whozin computer systems. Whozin does not waive any rights by the failure to enforce this policy in every instance in which it might apply. NOTICE: Sending unsolicited email advertisements to or through Whozin computer systems will use or cause to be used Whozin servers located around the world. Any unauthorized use of Whozin computer systems is a violation of the Whozin Terms of Service. Such violations may subject the sender and his or her agents to civil and criminal penalties. When your web browser or email application requests a web page or email from another computer on the Internet, it automatically gives that computer the address where it should send the information. This is called your computer's "IP address." (IP stands for "Internet protocol.") For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time you log on. Information Collection and Use Practices - Whozin receives IP addresses from all users because this information is automatically reported by your browser each time you view a web page.
- Your IP address is also stored in our user registration databases when you register with Whozin.
- IP addresses may be used for various purposes, including to:
- Diagnose service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
- Send the most appropriate advertising based on geographic area or information derived from your IP address. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.
- Help determine which users have access privileges to certain content that we host.
Other - When a Whozin web page is requested and viewed, that request is logged on our servers with information including the IP address of the computer that requested the page.
- Whozin mail includes IP addresses in outgoing mail message headers, as specified by standard Internet protocol.
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