WEBSITE TERMS & CONDITIONS OF USE
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and WhosWhoo Agency (“Company,” “we,” or “us”). These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website https://whoswhooagency.com/ (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms by reference.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms by reference.
USE OF THE WEBSITE
- Age and Authority
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. - Accuracy of Information
Information provided on the Website and any resources available for download are subject to change. We make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness. - Website Availability
We reserve the right to withdraw or amend this Website and any service or material provided on the Website, in our sole discretion without notice. We are not liable if any portion of the Website is unavailable at any time for any reason. We may restrict access to portions of the Website, or the entire Website, to users (including registered users) at our discretion.
LAWFUL PURPOSES
You may use the Website only for lawful purposes. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products only for legitimate, non-commercial purposes. You shall not post or transmit on or through the Website any material that violates or infringes the rights of others; is threatening, abusive, defamatory, obscene, or otherwise objectionable; or that violates any law.
USE OF FREE DOWNLOADABLE CONTENT
From time to time, we may offer free resources (“Gated Content”) accessible in exchange for providing an email address. When accessing or downloading such Gated Content, you are granted a limited, personal, non-exclusive, non-transferable license for your personal or internal business use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or in any way exploit any of the Gated Content, in whole or in part, except as expressly authorized in writing by us.
You further agree that you shall not create any derivative works based upon the Gated Content nor offer any competing products or services based on any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
Any artwork, photos, written works, audio recordings, video recordings, or other media you post, upload, submit, or otherwise make available on or through the Website (collectively, “Submissions”) is deemed non-confidential, and we are entitled to the unrestricted use or dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.
By posting or uploading Submissions, you grant the Company and its representatives a worldwide, non-exclusive, irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
You warrant and represent that you own or otherwise control all rights to your Submissions and that our publication and use of such Submissions will not infringe upon or violate any third-party rights, including copyrights, trademarks, or other proprietary rights.
OUR INTELLECTUAL PROPERTY
All content on this Website (including text, graphics, logos, designs, software, and more) and all downloadable resources (collectively, “Content”) are the property of WhosWhoo Agency or its licensors and are protected by copyright, trademark, and other intellectual property laws. By accessing the Website, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Content strictly in accordance with these Terms.
You shall not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part without our prior written consent. We reserve the right to immediately remove your access to the Website if we find you in violation of this intellectual property policy.
CHANGED TERMS
We may revise these Terms, including our Privacy Policy and Disclaimer, at any time. The date of the latest revision is indicated at the top of this page. All updates become effective immediately upon posting. Your continued use of the Website after a revised version has been posted constitutes your acceptance of the revised Terms.
WARRANTIES
While we endeavor to keep the Website content accurate and up to date, we make no warranties regarding completeness, timeliness, suitability, or accuracy of any content. To the maximum extent permissible by law, we provide the Website on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
AVAILABILITY
We make no warranty that the Website or any associated resources will be error-free, without interruption, or free from defects in design. We are not liable for any loss or damage arising when the Website or services become unavailable or are interrupted or delayed for maintenance or any other reason.
MALICIOUS CODE
We endeavor to ensure the Website is free from viruses or other malicious code, but we cannot guarantee this. We are not liable for any damages or harm attributable to malicious code. You are responsible for implementing sufficient procedures to satisfy your own requirements for virus protection and for maintaining a means external to the Website for reconstructing any lost data.
SECURITY
We take reasonable steps to protect any personal information you provide; however, we cannot guarantee its absolute security against unauthorized access or alteration. You assume all risks related to data security, including the risk of unauthorized third-party access to your information.
THIRD-PARTY RESOURCES
The Website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not endorse or assume responsibility for any third-party sites, their content, or any goods or services offered. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party links, resources, or content.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless WhosWhoo Agency and its affiliates, officers, agents, employees, and contractors from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising from your misuse of the Website or breach of these Terms.
EFFECT OF HEADINGS; SEVERABILITY
Headings in these Terms are for convenience only and shall not affect the interpretation of the provisions. If any portion of these Terms is found unenforceable or contrary to law, such portion shall be construed to reflect the intentions of the parties, and the remainder of the Terms shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and the Company concerning the Website. Any waiver of any provision of these Terms will be effective only if in writing and signed by WhosWhoo Agency. No waiver of any right shall be deemed a waiver of any other or subsequent right.
GOVERNING LAW; JURISDICTION; MEDIATION
These Terms shall be governed by and construed in accordance with the laws of [State/Country of Choice], without giving effect to conflict-of-law principles. You agree that any dispute arising from these Terms shall be resolved exclusively by the courts located in [State/Country of Choice]. Prior to pursuing any legal remedy, the parties agree to endeavor to resolve any dispute through good-faith mediation.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by WhosWhoo Agency. If you have questions about your intended use or any of these Terms, please contact us at [email protected].
CONTACT INFORMATION
You can contact WhosWhoo Agency at:
Email: [email protected].
If you have any questions or concerns about these Terms, please send an email to [email protected].
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