Terms of service
Last Updated: May 17th, 2022
1. Terms
These Terms of Service (“Terms”) apply to your access and use of certain services provided by WhosHere, Inc. (“WhosHere”, “we”, “our” or “us”). We provide services to individuals looking to make personal connections. Using our services, you will be able to create an online profile and make that profile accessible by other users. Our services also enable you to browse profiles belonging to other users, and will tell you which profiles belong to users in your location. Ultimately, you will be able to use our services to interact with other user of our platform. Throughout these Terms we will collectively refer to your ability to post a profile, your ability to browse other profiles, and your ability to interact with other users, and our provision of access to the features of our Platform (defined below) as the “Services”.
In order to use our Services, you must complete a profile that requires certain pieces of information. We use that information to create a tailored web presence where other users can view information about you. In order to complete that profile, you will need to download one of our mobile applications that will be made available in both the Apple Web Store and Google Play, and includes the WhosHere™ mobile application (the “WhosHere App”), the WhosHere Plus™ mobile application (the “WhosHere Plus App”) and the NticeMe™ mobile applications (the “NticeMe App”). The WhosHere App, the WhosHere Plus App, the NticeMe App, and all other products we provide, comprise the WhosHere platform (the “Platform”). For as long as your registration for our Services remains in effect, we will use the Platform to deliver the Services to you. You hereby grant WhosHere a non-exclusive, royalty free, fully paid right to use, reproduce, publish, perform and display the public profile information that you submit when you complete your customer profile on the Platform. Please read these Terms of Service carefully before accessing or using the Services. Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms. You find the Privacy Policy on the WhosHere website by clicking here, and it applies to our collection and processing of personal data throughout our Platform.
By accessing and using the Services, you accept all of these Terms and are agreeing to be bound by these Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing the Services.
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2. Limited Access and Use Rights
The Services are for your personal, non-commercial and lawful use only. Other than as expressly permitted in the next paragraph, you may not exploit the Services or any materials, content, information, software, products or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services, or any materials on the Services, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity which infringes or misappropriates our rights or those of a third party.
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Subject to your compliance with these Terms, you may access the Services. If you make any use of the Services not permitted in these Terms you may violate laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
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You acknowledge and agree that the Services are provided under limited use and access rights and not sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the limited rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We, our licensors, and our service providers reserve and shall retain each of its entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.
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This is the grant of a limited access and use right, not a transfer of title, and under these rights you may not:
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modify or copy the materials;
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make accessible, viewable, or otherwise provide pornographic content;
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solicit or illicit any inappropriate or unlawful activity;
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use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
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use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, data base scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any materials on the Services;
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reverse look-up, trace or seek to trace any information on any user of or visitor to the Services to its source;
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transfer the materials to another person or “mirror” the materials on any other server.
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You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You will not use the Services to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
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These limited accesses and use rights shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of these limited access and use rights, you must destroy any downloaded materials in your possession whether in electronic or printed format.
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3. Limited Permission to Use the Platform.
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Subject to the terms and conditions of these Terms, WhosHere hereby grants to you limited permission (i) to install and use the WhosHere App and/or the WhosHere Plus App and/or the NticeMe
App (together, “the Apps”) (or both, at your election) on a compatible mobile computing device (e.g., an iPhone) that you own or control (your “Mobile Device”), and (ii) to access and use the Apps through compatible browser software, in all cases solely for purposes of receiving the Services in accordance with these Terms.
You may not copy, modify, download or transfer any component of the Platform, in whole or in part. You may not reverse engineer, disassemble, decompile, or translate any portion of the Platform, attempt to derive the source code of any software component of the Platform, create any derivative work from the Platform, or authorize any third party to do any of the foregoing. Any attempt to transfer any of the rights, duties or obligations under these Terms is void. You may not rent, lease, loan, resell for profit, or distribute the Platform, or any part thereof, nor may you provide access to the Platform over the Internet or any network for use by any third parties. You may not remove or alter any proprietary notice or legend regarding WhosHere’s proprietary rights in the Platform. You may not use the Platform except in accordance with applicable laws and regulations.
In order to provide some of its functionality, the Apps must connect via the Internet with computer servers operated by or on behalf of WhosHere and must exchange data with such servers. For example, the Platform may retrieve information regarding other users in your vicinity, or the Platform may transmit information to such servers regarding your preferences and selections from among options presented
within the various features of the applicable app. Information collected via the Platform will be treated in accordance with WhosHere’s published Privacy Policy, as described above. You acknowledge and agree that, as a condition of your use of the Platform, you consent to such connectivity and data exchange. If you do not consent to such connectivity and/or data exchange, you must not use the Platform.
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These Terms grant you only limited permission to access and use the Platform. As between you and WhosHere, you acknowledge that WhosHere and its licensors own and retain all proprietary rights in the Platform (including the WhosHere App, the WhosHere Plus App and the NticeMe App, and all upgrades to any of the foregoing). The Platform includes copyrighted material, trademarks, and other proprietary information (“Intellectual Property”) of WhosHere and its licensors. There are no implied licenses under these Terms, and all rights not expressly granted are hereby reserved. For the avoidance of doubt, you agree that your permissions to use the Apps are limited to the license granted in this Section 3.
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4. Reliance on Materials; Disclaimer
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Any reliance you place on information provided on the Services including information made available by other users, is at your own risk. We do not guarantee any results in connection with the Services. The Services, and the profiles on the Apps are not a substitute for your own discretion. We are not licensed “matchmakers” and do not purport to be.
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THE SERVICES AND THE MATERIALS PROVIDED ON OR THROUGH THE SERVICES (“MATERIALS”) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, QUALITY, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVCES OR ANY
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO GUARANTEES REGARDING THE QUALITY, OR CONTENT OF THE SERVICES AND THE MATERIALS OR THE TIMING OF DELIVERY OF THE SERVICES AND THE MATERIALS.
FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS, OR RELIABILITY OF THE USE OF THE SERVICES OR THE MATERIALS.
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5. Indemnity
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You agree to hold harmless and indemnify WhosHere, its affiliates, and their respective officers, directors, employees and agents from and against all damages, liabilities and expenses (including attorneys’ fees and court costs) in connection with any claim brought by a third party and arising in connection with your use of the Platform and/or your breach of these Terms.
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6. Limitations of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THE SERVICES, EVEN IF WE OR ANY OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR
LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WHOSHERE BE LIABLE TO YOU, IN AGGREGATE FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, FOR MONETARY DAMAGES IN EXCESS OF SUMS PAID BY YOU FOR THE SERVICES DURING THE CALENDAR MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY. YOU UNDERSTAND THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL BASIS OF THIS AGREEMENT, AND WITHOUT THIS LIMITATION OF LIABILITY WHOSHERE INC WOULD BE UNWILLING TO GRANT YOU THE LICENSE AND RIGHTS GRANTED UNDER THIS AGREEMENT.
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7. Revisions and Errata
The Materials on the Services could include errors, including without limitation technical, typographical, or photographic errors. We do not warrant that the Services, including any of the Materials , is accurate, complete, useful, reliable or current. We may make changes to the Services, including any Materials, at any time without notice. We do not make any commitment to correct any errors or defects or update the Services or any Materials.
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8. Third-Party Links
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Our Services may include links to third-party website and we have no control over the contents of those website or resources and are not responsible for the contents of any such linked site or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement by us of that third-party site. Use of any linked website is at your own risk and subject to the terms and conditions of use for such websites.
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9. Modifications
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We may revise these Terms at any time without notice, effective upon posting of the revised Terms. By using the Services, you are agreeing to be bound by the then-current version of these Terms.
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10. Termination; Suspension
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You can stop using our Services at any time. We may bar access to the Services without prior notice or liability, in our sole discretion, for any reason whatsoever, including, but not limited to, a breach of these Terms or our Privacy Policy. All provisions of these Terms which by their nature should survive termination shall survive, including, but not limited to, IP ownership, warranty disclaimers, indemnity and limitations of liability.
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11. Feedback
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We welcome your feedback, testimonials, comments, ideas and reviews about the Services and/or Materials (collectively, your “Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, (i) such Feedback shall be deemed to be non-confidential, and (ii) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
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12. General
These Terms and relationship between you and us and any claim relating to the Services shall be governed by the laws of the State of California without regard to its conflict of law provisions. These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Services. Neither the course of conduct between u
nor trade practice shall act to modify these Terms. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
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The Services are operated out of the United States. We make no representation that the content or information available via the Services is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws including without limitation privacy and data protection laws. The Services may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations.
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The communications between you and us use electronic means, whether through the Services or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
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If you have any questions about these Terms, you may contact us at
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