WhatWhenWhere.com |
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WhatWhenWhere.com provides a listing for event data, subject to the following: SECTION I - ACCEPTANCE OF TERMS This Agreement applies to and governs your use of the WhatWhenWhere.com services ("Service"), including any updates that may be provided to you in the future. By using WhatWhenWhere.com ("WWW"), you are agreeing to comply with the Terms of Service. In addition, when you use any part of the WWW service, you agree to abide by any applicable posted guidelines for all WWW services, which may change from time to time. Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto, or become dissatisfied with WWW in any way, your only recourse is to immediately discontinue use of WWW. SECTION II - MODIFICATIONS TO THIS AGREEMENT WWW reserves the right to modify, suspend, or discontinue providing all or part of the Service at any time, with or without notice. WWW will make a reasonable effort to notify you of any modification, suspension, or discontinuance of the Service, either by sending an email to the email address you provided when you subscribed, or by a notice on the Home Page of the WWW website. In no event, however, will WWW be liable to you or to your compay, spouse, partner or family members for any change, alteration, suspension or discontinuance of the Service. This Agreement, as amended, will be effective immediately for all new subscribers and effective for all existing subscribers 15 calendar days after the posting of the amended Agreement on the WWW website. You agree to be bound by the amended Agreement. If you do not agree to terms of the amended Agreement, your only option is to stop using the Service. You may review the most current version of this Agreement at any time: https://www.WhatWhenWhere.com/terms_of_service.html SECTION III - PASSWORDS AND SECURITY (a) WWW will NEVER ask you for your password. (b) You are responsible for keeping your password or PIN secure. You will be solely responsible and liable for any activity that occurs under your Username / Login ID. (c) We will never sell your email address and we will never share your email address with anyone. Section IV - PRIVACY AND INFORMATION DISCLOSURE WWW does use "cookies' to identify you. WWW does not collect any information about you during use of WWW. We will never use your email address except (1) as a means of communication in conjunction with your use of the Service, (2) to inform you of upgrades or changes to your WWW account and (3) to respond to you when you request information or technical support from us. The email correspondence between you and WWW will be retained for quality assurance. You should remember that email is not a secure method of communication. Email programs do not include encryption and should never be used to transmit sensitive business data or personal information. Please do not send us email containing any information of a personal or sensitive nature. Do NOT include your password or PIN in any email correspondence with us. You may read our complete Privacy Policy here: http://www.WhatWhenWhere.com/privacy.html Your use of the WhatWhenWhere.com website signifies acknowledgement of and agreement to our Privacy Policy. SECTION V -TERMINATION OF THE SERVICE This Agreement becomes effective immediately and remains in effect until your event listing is terminated. This Agreement will automatically terminate if you fail to comply with any of its terms and conditions. WWW reserves the right to refuse or discontinue service to any subscriber at any time at its sole discretion. The Service cannot be used for any unlawful purpose. Any immoral or unethical activity or any use against the public policy, as determined by WWW at its sole discretion, is grounds for immediate termination and deletion of all the subscriber account records without refund or offset of any fees paid or any damages. If this Agreement terminates for any reason other than for your failure to comply with the Terms of Service, WWW will make every reasonable effort to make your event listing available to you or your estate until the termination date of the event when the event data will be deleted. SECTION VI - SERVER MAINTENANCE AND DISCLAIMER The Service is provided with no warranties whatsoever. WWW expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, fitness of use for your particular purpose, and any warranties regarding the security, reliability, timeliness, and performance of the service. You understand and agree that you use the Service at your own risk, and that you will be solely responsible for any loss of data that results from the use of the Service. WWW may use the hours of 2 AM to 7 AM EST every morning for normal backup, maintence and any upgrades of the Service. It is intended that each Server will be off line and unaccessible for only a short time period during this time frame. In addition, WWW may shut down the Service, without prior notice, at any time that WWW, in its sole discression, determines that it is neccessary. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state or jurisdiction to jurisdiction. SECTION VII - LIMITATION OF LIABILITY Under no circumstances shall WWW be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the use of the Service, whether such claim is based on warranty, contract, tort, negligence, or otherwise. This limitation of liability applies even if WWW has been advised of the possibility of such damages. You also understand and agree that the Internet sometimes suffers from interruptions of service to users. WWW is in no way responsible for any outage or down time of the Service. Without limiting the foregoing, the total liability of WWW related to this Agreement shall not exceed the actual amount if any paid by you to WWW for the Service. The foregoing limitations of liability shall apply whether the damages arise from the use or misuse of the Service, reliance on the Service, inability to use the Service, or from the interruption, suspension or termination of the Service. Some states or jurisdictions do not allow the exclusion or limitation of liability for incidental, consequential, or direct damages, so the above limitations and exclusions may not apply to you. SECTION VIII - OTHER PROVISIONS You acknowledge and agree that the Service may be controlled for export if you are located in a country subject to embargo or restrictive trade sanctions by the United States government. You agree to full liability and to assume full responsibility and to comply with all United States export laws and regulations. This agreement will be governed by and construed in accordance with the laws of the State of Texas, County of Comal, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The failure on WWW's part to enforce any provision of this Agreement shall not be constituted as a waiver of such provision. If the courts find any part of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between Subscriber and WWW and supersedes and replaces all prior understandings or agreements, written or oral. A waiver or alteration of any part of this Agreement will be deemed effective only if written and signed by an authorized representative of WWW. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Comal County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit WWW from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights. SECTION IX - TRANSFER OR ASSIGNMENT OF AGREEMENT You may not assign or transfer any of your rights or obligations under this Agreement to a third party. Any attempted assignment or transfer of the Service by you will be in violation of this Agreement and will not be valid. WWW may assign this Agreement. SECTION X - QUESTIONS AND FEEDBACK If you have any questions, comments or feedback, contact WhatWhenWhere.com.
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