Terms Of Use
General. The www.whobyyou.com website ("website") is designed to facilitate networking and to permit the exchange of information among its network of visitors and their designated contacts throughout the world. The Terms of Use is a legal agreement ("Agreement") that governs the use and behavior of each visitor to the website.
Agreement. Each visitor to the website becomes a WBY user ("User"), simply by accessing, viewing, downloading or otherwise using the website and/or any information, e-mail, service, webpage or feature contained within the website ("Services"). Each use of the website is conditioned upon each User agreeing to all of the terms and conditions of the Terms of Use ("Agreement") which apply to each and every page of this website content wherever located..
Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from WBY; (c) are not a direct competitor of WBY; (d) do not have more than one WBY account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. If you do not meet these minimum requirements you cannot use this website. In addition, you must be able to provide all equipment and software necessary to connect to WBY, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Acknowledgement. By becoming a User, you acknowledge that you have read agree to be bound by all of the provisions of this Agreement. If you are using WBY on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, and do not register, access, view, download or otherwise use any WBY webpage, information or services.
Access. On the condition that you become a User, we grant you a right to access the website, through a generally available web browser (excluding data harvesting techniques) to view information that we provide and and to generate exchanges of information on WBY webpages as we intend such information to be used, and only in accordance with the Agreement. This website is for informational purposes only. Your use of this website is undertaken at your own risk and initiative and you are responsible for compliance with applicable local laws or regulations.
Use. WBY include various features, templates, forums, blogs and chat rooms where you can post your observations and comments on designated topics. You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you hereby grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform WBY in the event that any such information has changed since your registration with WBY and, if appropriate, you agree to make such modifications yourself to your profile. WBY is not utilizing this website to provide advice to you or any other party, and no information or material at this website is to be relied upon for the purpose of making or communicating decisions. Rather the service facilitates communications within your network of friends and acquaintances on subject involving matters that you choose.
Control. WBY exercises no control over any content you or others submit while using WBY. The content at this website is user generated and subject to change without notice. WBY makes no representations regarding the accuracy, usefulness, completeness, appropriateness or lawfulness of any materials found at this website. WBY has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through WBY in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform WBY.
Acceptance. This site is self-selective. You must consider and decide the extent to which you wish to reveal information about yourself to your group or the larger community of WBY Users. Each communication has the potential to disclose personal information. You must be careful not communicate to WBY and its Users any information the dissemination of which could be harmful to you or others. WBY AND THE WBY AFFILIATES ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Privacy: You should carefully read our full Privacy Policy before deciding to become a User of WBY. Please note that certain information, statements, data and content that you may choose to provide can reveal personal or confidential information. You understand and acknowledge that the disclosure of any information, statements, data and content is your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the communication and processing by us of such "sensitive" data.
Accountability. Keep your password confidential, do not use other Users' accounts and do not let others use your account; you are responsible for anything that happens through your account - until you notify us of a breach (customer-service@whobyyou.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your WBY account or any information therein to another party or charging anyone for access to any portion of WBY, or any information therein. WBY may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
Changes. The WBY website, platform and service is dynamic and may be updated, improved, discontinued and/or changed at any time, in any way, at WBY's sole discretion. We allow you to access WBY as it may exist and be available on any given day. You have no right to any aspect of service, content, access, interoperability, application or use beyond what WBY chooses to deliver at any given moment in time. WBY has no other obligations, except as expressly stated in this Agreement. If we modify, replace, refuse access to, suspend or discontinue WBY, partially or entirely, or modify prices for WBY, any and all changes shall be effective upon their posting on our site or by email communication to you.
Removal of Content. WBY reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, WBY has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Disputes. You are solely responsible for your interactions with other members. WBY reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if WBY determines, in its sole discretion, that doing so is prudent.
Indemnity. You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to WBY or (c) any activity in which you engage on or through the WBY.
Fees. If you subscribe to any premium services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Ownership. All WBY trade names and service marks are registered marks of WBY and may only be used with written permission. Nothing at this website shall be construed as granting any license or right to use any content, image, trademark, logo or service mark at the site. No act of downloading or copying from this website will transfer title to any software or material to you.
Materials. All materials at this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Users shall not remove any copyright, trademark or other proprietary rights notices contained in or on WBY, including those of both WBY or any of its licensors.
Linked Sites. WBY may include or automatically produce links to third party web sites ("Third Party Sites"). As well, websites may be linked to this website, with or without the permission of WBY. WBY is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. WBY may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave WBY and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from WBY or relating to any applications you use or install from the site.
No Warranty. The materials at this website are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or non-infringement. IF YOU ARE DISSATISFIED OR HARMED BY WBY OR ANYTHING RELATED TO WBY, YOU MAY LEAVE WBY AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Additional Disclaimers. WBY further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. WBY shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer or other property on account of your use of this website to the greatest extent permitted by law. WBY is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through WBY to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology. WBY does not have any obligation to verify the identity of the persons subscribing to its services, nor to monitor the use of its services by other users of the community and WBY declines all liability for identity theft or any other misuse of your identity or information.
Liability Waiver. In no event shall WBY or any third party vendor be liable to you or any other person for any incidental, indirect, special or consequential damages, or any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, costs of delay, loss of business information, loss of data, or other pecuniary loss, whether or not with a claim of breach of warranty or based on contract, strict liability or otherwise) arising out of the use or inability to use this website, whether or not the possibility or cause of such damages was known to WBY or such other third party vendor. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so the limitation or exclusion may not apply to you. In no event shall WBY's total liability for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this website.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WBY account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
User Communications and Access. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide 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 this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WBY, the WBY Affiliates, its Users and the public.
Export Control. WBY software and services may be subject to export and reexport control laws and regulations, including the the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Limitation of Liability. The limitation of liability for any dispute involving cliams related to the use of WBY shall be the lesser of (1) USD $10 or (2) the value of one month of any WBY premium services contract. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU
Termination. You may terminate this Agreement, for any or no cause, at any time, with notice to WBY which shall be effective upon WBY processing such notice. WBY may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your WBY account includes disabling your access to WBY (including any content you submitted or others submitted) and may also bar you from any future use of WBY. Additionally, WBY may at WBY's sole discretion, terminate access to visitors who are deemed to be repeat infringers under the United States Copyright Act or who infringe any intellectual property rights of others, whether or not there is any repeat infringement.Upon termination, you lose access to WBY. The terms of this Agreement shall survive any termination.
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time..
Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, WBY for any third party that assumes our rights and obligations under this Agreement.
Complaints. Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA without regard to conflicts of law provisions. Any action taken to interpret or enforce this Agreement shall occur in a court of competent jurisdiction in Broward County, Florida, USA.
Conflicts of Law. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Equal Opportunity Employer. WBY is committed to the principles of equal employment opportunity. The Firm does not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, veteran status, disability, age, citizenship, marital status, sexual orientation or because of any other criteria.
WHOBYYOU, LLC., a Florida USA corporation ("WBY" or "we"), is developer of software applications used to operate social networks on the Internet. It's business address is 2189 West 60th Street, Suite 205, Hialeah, Florida 33016 USA. Phone: 917-494-3465.
© 2009 WhoByYou, LLC
General. The www.whobyyou.com website ("website") is designed to facilitate networking and to permit the exchange of information among its network of visitors and their designated contacts throughout the world. The Terms of Use is a legal agreement ("Agreement") that governs the use and behavior of each visitor to the website.
Agreement. Each visitor to the website becomes a WBY user ("User"), simply by accessing, viewing, downloading or otherwise using the website and/or any information, e-mail, service, webpage or feature contained within the website ("Services"). Each use of the website is conditioned upon each User agreeing to all of the terms and conditions of the Terms of Use ("Agreement") which apply to each and every page of this website content wherever located..
Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from WBY; (c) are not a direct competitor of WBY; (d) do not have more than one WBY account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. If you do not meet these minimum requirements you cannot use this website. In addition, you must be able to provide all equipment and software necessary to connect to WBY, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Acknowledgement. By becoming a User, you acknowledge that you have read agree to be bound by all of the provisions of this Agreement. If you are using WBY on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, and do not register, access, view, download or otherwise use any WBY webpage, information or services.
Access. On the condition that you become a User, we grant you a right to access the website, through a generally available web browser (excluding data harvesting techniques) to view information that we provide and and to generate exchanges of information on WBY webpages as we intend such information to be used, and only in accordance with the Agreement. This website is for informational purposes only. Your use of this website is undertaken at your own risk and initiative and you are responsible for compliance with applicable local laws or regulations.
Use. WBY include various features, templates, forums, blogs and chat rooms where you can post your observations and comments on designated topics. You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you hereby grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform WBY in the event that any such information has changed since your registration with WBY and, if appropriate, you agree to make such modifications yourself to your profile. WBY is not utilizing this website to provide advice to you or any other party, and no information or material at this website is to be relied upon for the purpose of making or communicating decisions. Rather the service facilitates communications within your network of friends and acquaintances on subject involving matters that you choose.
Control. WBY exercises no control over any content you or others submit while using WBY. The content at this website is user generated and subject to change without notice. WBY makes no representations regarding the accuracy, usefulness, completeness, appropriateness or lawfulness of any materials found at this website. WBY has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through WBY in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform WBY.
Acceptance. This site is self-selective. You must consider and decide the extent to which you wish to reveal information about yourself to your group or the larger community of WBY Users. Each communication has the potential to disclose personal information. You must be careful not communicate to WBY and its Users any information the dissemination of which could be harmful to you or others. WBY AND THE WBY AFFILIATES ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Privacy: You should carefully read our full Privacy Policy before deciding to become a User of WBY. Please note that certain information, statements, data and content that you may choose to provide can reveal personal or confidential information. You understand and acknowledge that the disclosure of any information, statements, data and content is your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the communication and processing by us of such "sensitive" data.
Accountability. Keep your password confidential, do not use other Users' accounts and do not let others use your account; you are responsible for anything that happens through your account - until you notify us of a breach (customer-service@whobyyou.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your WBY account or any information therein to another party or charging anyone for access to any portion of WBY, or any information therein. WBY may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
Changes. The WBY website, platform and service is dynamic and may be updated, improved, discontinued and/or changed at any time, in any way, at WBY's sole discretion. We allow you to access WBY as it may exist and be available on any given day. You have no right to any aspect of service, content, access, interoperability, application or use beyond what WBY chooses to deliver at any given moment in time. WBY has no other obligations, except as expressly stated in this Agreement. If we modify, replace, refuse access to, suspend or discontinue WBY, partially or entirely, or modify prices for WBY, any and all changes shall be effective upon their posting on our site or by email communication to you.
Removal of Content. WBY reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, WBY has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Disputes. You are solely responsible for your interactions with other members. WBY reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if WBY determines, in its sole discretion, that doing so is prudent.
Indemnity. You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to WBY or (c) any activity in which you engage on or through the WBY.
Fees. If you subscribe to any premium services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Ownership. All WBY trade names and service marks are registered marks of WBY and may only be used with written permission. Nothing at this website shall be construed as granting any license or right to use any content, image, trademark, logo or service mark at the site. No act of downloading or copying from this website will transfer title to any software or material to you.
Materials. All materials at this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. Users shall not remove any copyright, trademark or other proprietary rights notices contained in or on WBY, including those of both WBY or any of its licensors.
Linked Sites. WBY may include or automatically produce links to third party web sites ("Third Party Sites"). As well, websites may be linked to this website, with or without the permission of WBY. WBY is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. WBY may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave WBY and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from WBY or relating to any applications you use or install from the site.
No Warranty. The materials at this website are provided "as is" without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or non-infringement. IF YOU ARE DISSATISFIED OR HARMED BY WBY OR ANYTHING RELATED TO WBY, YOU MAY LEAVE WBY AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Additional Disclaimers. WBY further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. WBY shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer or other property on account of your use of this website to the greatest extent permitted by law. WBY is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through WBY to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology. WBY does not have any obligation to verify the identity of the persons subscribing to its services, nor to monitor the use of its services by other users of the community and WBY declines all liability for identity theft or any other misuse of your identity or information.
Liability Waiver. In no event shall WBY or any third party vendor be liable to you or any other person for any incidental, indirect, special or consequential damages, or any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, costs of delay, loss of business information, loss of data, or other pecuniary loss, whether or not with a claim of breach of warranty or based on contract, strict liability or otherwise) arising out of the use or inability to use this website, whether or not the possibility or cause of such damages was known to WBY or such other third party vendor. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so the limitation or exclusion may not apply to you. In no event shall WBY's total liability for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this website.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application ("Mobile Services"). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WBY account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
User Communications and Access. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide 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 this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WBY, the WBY Affiliates, its Users and the public.
Export Control. WBY software and services may be subject to export and reexport control laws and regulations, including the the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Limitation of Liability. The limitation of liability for any dispute involving cliams related to the use of WBY shall be the lesser of (1) USD $10 or (2) the value of one month of any WBY premium services contract. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU
Termination. You may terminate this Agreement, for any or no cause, at any time, with notice to WBY which shall be effective upon WBY processing such notice. WBY may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your WBY account includes disabling your access to WBY (including any content you submitted or others submitted) and may also bar you from any future use of WBY. Additionally, WBY may at WBY's sole discretion, terminate access to visitors who are deemed to be repeat infringers under the United States Copyright Act or who infringe any intellectual property rights of others, whether or not there is any repeat infringement.Upon termination, you lose access to WBY. The terms of this Agreement shall survive any termination.
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time..
Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, WBY for any third party that assumes our rights and obligations under this Agreement.
Complaints. Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA without regard to conflicts of law provisions. Any action taken to interpret or enforce this Agreement shall occur in a court of competent jurisdiction in Broward County, Florida, USA.
Conflicts of Law. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Equal Opportunity Employer. WBY is committed to the principles of equal employment opportunity. The Firm does not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, veteran status, disability, age, citizenship, marital status, sexual orientation or because of any other criteria.
WHOBYYOU, LLC., a Florida USA corporation ("WBY" or "we"), is developer of software applications used to operate social networks on the Internet. It's business address is 2189 West 60th Street, Suite 205, Hialeah, Florida 33016 USA. Phone: 917-494-3465.
© 2009 WhoByYou, LLC