Terms and Conditions
WhoseView.com website Terms and Conditions of Use as at [10th May 2009]
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not accept this legal notice in full, you must leave the WhoseView Website immediately.
1 OUR AGREEMENT AND INFORMATION ABOUT US
1.1 Welcome to the WhoseView.com website. These terms and conditions ("Terms") and all the documents expressly referred to in them (the "Agreement") are the terms and conditions of the agreement which you enter into with us when you access and make use of our websites WhoseView.com and WhoseView.ie which includes any webpage containing this domain name, including any page, application or interface that is enabled for use by a mobile device or any webpage redirected from another domain name to these domain names and any service provided on the website (the "Website").
1.2 Please read these Terms, together with all the documents referred to in it, carefully before you start to use the WhoseView Website. By accessing and using the WhoseView Website, including by registering as a user, you indicate that you have read, understand and accept the terms and conditions of this Agreement; that you agree to abide by them each time you access and use the WhoseView Website.
1.3 Some areas of the WhoseView Website require registration prior to use. This Agreement applies to each visitor to and user of the WhoseView Website including registered and unregistered users.
1.4 The WhoseView Website is a website operated by Rant 'R Rave Marketing Limited ("we", "us" and "our"). We are incorporated in Ireland under company number 456468 and our registered office is at 44 Ballintyre Walk, Ballintyre Hall, Dublin 16. Our VAT number is 9683076C.
2 REGISTRATION AND ACCOUNT SECURITY
2.1 To use some of the features on the WhoseView Website, you may be required to create an account and provide information about yourself to us. You may only open one account on the WhoseView Website. When registering for an account on the WhoseView Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
2.2 There are two types of accounts:
2.2.1 A "Personal Account" is an account for your personal, non-commercial use only, and may be used by you to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, videos, articles, tips, discussions and other types of Content ("User Review"). In creating and using a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility and trust as a contributor to the WhoseView Website, though you may opt instead to provide information that does not make you personally identifiable; and
2.2.2 A "Business Account" is an account for use on the WhoseView Website as a representative of a business that is listed on the WhoseView Website. In creating or updating a Business Account, you must be an authorised representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
2.3 You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, (ii) create multiple Accounts or, (ii) use a name without appropriate authorisation. We reserve the right in our sole discretion to refuse registration of, suspend or cancel a user identification name without notice. You shall be responsible for maintaining the confidentiality of your password in your private dashboard and are fully responsible for all activities that occur under your user name and password or your private dashboard. Any user identification name and password chosen or provided to you for your access to the WhoseView Website shall be for your personal use only and is non-transferable.
2.4 If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable, suspend or restrict any user identification name or password (and thereby access to all or part of the WhoseView Website), whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
2.5 You agree to (a) immediately notify us of any unauthorised use of your user identification name or password, or any other breach of security and (b) ensure that you exit from your account at the end of each session.
2.6 If you forget or lose your password, you should request a new password by visiting the "Change Password" section in the private members area, or by clicking on the "Forgotten your password" link on the log in page.
2.7 You may terminate or deactivate your user account at any time by closing your account, discontinuing your use of any and all parts of the WhoseView Website and providing us with a notice of termination. You can do so by visiting the "Preferences" link within your private member dashboard and selecting the "Deactivation" link.
3 ACCESSING OUR WEBSITE, CONTENT
3.1 Subject to this Agreement, you may: use the WhoseView Website for your own personal and non commercial use (unless you have registered as a Business Account holder) to write User Reviews or post video reviews, solicit User Reviews from, and share User Reviews with other users of the WhoseView Website; post and view business and product information; search our database for User Reviews and business and product information; compliment and rate another member or their review; organise reviews into guides; post articles, tips and video advice and participate in discussion forms; post photographs; download vouchers; recommend offers; post suggestions to businesses or ask direct questions; invite people you know to join the WhoseView Website; update business information; exchange points in return for offers; download or copy portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the WhoseView Website whether by you, us or other parties ("Content"), and other items displayed on the WhoseView Website.
3.2 We do not control the Content posted by third parties (including other users) via the WhoseView Website, including the content of any messages or User Reviews, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WhoseView Website, you may be exposed to Content that is offensive, indecent or objectionable. You are responsible for complying with all laws applicable to the Content you submit to the WhoseView Website.
3.3 As a condition of your access and use of the WhoseView Website, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement.
3.4 We have no obligation to monitor or moderate any user's activity or use of the WhoseView Website, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request.
3.5 Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the WhoseView Website, and we will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks or to take any action. We may appoint certain users of the WhoseView Website to act as moderators. We expressly exclude our liability for any loss or damage arising from the use of the WhoseView Website by a user in contravention of our content standards, whether the service is moderated or not. Any action that we might take in respect of a user or regarding content is neither an admission of liability on our part nor an indication of the breach or otherwise of any standard or term by a user or particular content. Where we do moderate the WhoseView Website, we will normally provide you with a means of contacting a moderator should a concern or difficulty arise.
3.6 You can to report any Content that is in breach of this Agreement or in any other way objectionable, and you can contact us at any time should you have a concern or difficulty in respect of any aspect of the WhoseView Website at info@WhoseView.com; please set out clearly and in detail the nature of your concern or difficulty when you contact us by email.
3.7 The use of the WhoseView Website by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the WhoseView Website that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.8 Access to the WhoseView Website is permitted on a temporary basis, and we reserve the right to at any time and without liability, withdraw, suspend or amend any aspect or feature of the WhoseView Website without notice or liability. Access to the WhoseView Website is provided on an "as is" basis. The Content, other material on the WhoseView Website is compiled, in part, using information provided by our users (including advertisers and local business users) and a range of other third party sources. For this reason WhoseView does not warrant or represent that the Content, other material on the WhoseView Website is free from errors or omissions, duplicate data, or any unlawful, offensive or otherwise objectionable content, that the statements made by or attributed to a party are accurate or that the published address of any party is the address at which a telephone call directed to that party is answered. For this reason also, WhoseView is not responsible for any decisions taken by any user of the WhoseView Website arising from any reliance that the user places on such Content
3.9 Information on the WhoseView Website may not always be up to date, accurate or complete.
3.10 When using the WhoseView Website, you must comply with the provisions of our Privacy Policy which forms part of this Agreement. Our Privacy Policy sets out how we may use information about you collected during use of the WhoseView Website.
3.11 You are responsible for making all arrangements necessary for you to have access to the WhoseView Website. You are also responsible for ensuring that all persons who access the WhoseView Website through your internet connection are aware of these terms, and that they comply with them.
3.12 You acknowledge that if you post up material or data on the WhoseView Website it will be displayed to all users except where the functionality of the WhoseView Website allows it only to be displayed to a specified group or individual.
4 content feeds
4.1 We make some of the Content (the "Feed Content") available via widgets, real simple syndication and atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the WhoseView Website and attributes WhoseView.com as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that WhoseView.com promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden WhoseView.com systems. We reserve all rights in the Feed Content and may terminate the Feeds at any time. Please see your member dashboard for information on feeds.
4.2 Some of the Content, including some of the business listing information on the WhoseView Website, is the proprietary and copyrighted work of I-Words Limited. You may not distribute, sell, rent, sublicense, or lease any Content identified as that of a third party on the WhoseView Website, in whole or in part to any third party; and you may not use it for any other purpose other than your personal, non-commercial use.
4.3 The Website's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). You agreement and compliance with these terms and conditions is also a term and condition of this Agreement. You agree that we shall have no liability in relation to the provision of access or your use of Content that is third party owned Content, including, but not limited to, any Content which is licensed by Google Inc.
5 RESTRICTIONS ON RIGHT TO USE
5.1 You agree that you shall not (and you agree not to allow any third party to):
5.1.1 modify, adapt, translate, or reverse engineer any portion of the WhoseView Website;
5.1.2 remove any copyright, trade mark or other proprietary rights notices contained in or on the WhoseView Website or in or on any Content or other material obtained via the WhoseView Website;
5.1.3 use any robot, spider, website search/retrieval application, or other automated device, process or means, unless we have authorised it, to access, retrieve or index any portion of the WhoseView Website unless we expressly agree to such use in writing;
5.1.4 access, retrieve or index any portion of the WhoseView Website for purposes of constructing or populating a searchable database of consumer reviews and information;
5.1.5 collect any information about other users (including user identification names and/or email addresses) for any purpose other than to solicit and share User Reviews with our other users;
5.1.6 reformat or frame any portion of the web pages that are part of the WhoseView Website;
5.1.7 create user accounts by automated means or under false or fraudulent pretences or create multiple user accounts;
5.1.8 create or transmit unwanted electronic communications and/or telecommunications such as "spam" to other users of the WhoseView Website or otherwise interfere with other user's enjoyment of the WhoseView Website;
5.1.9 transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
5.1.10 use the WhoseView Website to breach the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
5.1.11 copy or store any Content offered on the WhoseView Website for any purpose other than your own personal use as permitted by this agreement;
5.1.12 use any device, software or routine that interferes with the proper working of the WhoseView Website, or otherwise attempt to interfere with the proper working of the WhoseView Website;
5.1.13 take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
5.1.14 use the WhoseView Website, intentionally or unintentionally, to breach any applicable law;
5.1.15 collect or store personal data about other users in connection with the prohibited activities described in this section;
5.1.16 engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the WhoseView Website;
5.1.17 impersonate any person or entity; or
5.1.18 upload, post, e-mail, transmit or otherwise make available using the WhoseView Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
6 CONTENT STANDARDS AND LICENCE
6.1 You are solely responsible for any Content that you submit, publish or display on the WhoseView Website or transmit to other the WhoseView Website users. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
6.2 You are solely responsible for your User Reviews that you submit to the WhoseView Website. You understand that all information publicly posted or privately transmitted through the WhoseView Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user's use of the WhoseView Website. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the WhoseView Website. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe, including in User Reviews.
6.3 By posting Content on the WhoseView Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant us an irrevocable, perpetual, royalty-free, assignable, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is non-exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your Content with the Content of other users for purposes of constructing or populating a searchable database of User Reviews, or using the content in forms of digital media. For the avoidance of doubt, you understand that this licence allows us to reformat, excerpt, or translate any Content submitted by you to the WhoseView Website, to create derivative works using the Content posted on the WhoseView Website.
6.4 We reserve the right to limit the amount or number of User Reviews or Content postings that you may make on a particular topic or business. The following is a partial list of the criteria that Content that you submit must comply with. Content must:
6.4.1 Be accurate (where they state facts);
6.4.2 Be genuinely held (where they state opinions); or
6.4.3 Comply with applicable law in Ireland and in any country from which they are posted.
6.5 The following is a partial list of the type of Content that is prohibited on the WhoseView Website. Content must not:
6.5.1 defame, abuse, harass, stalk, threaten or otherwise offend others;
6.5.2 be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be in any way inappropriate;
6.5.3 breach any applicable laws or regulations;
6.5.4 deceive or mislead any person and/or entity;
6.5.5 falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
6.5.6 upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.5.7 upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
6.5.8 upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
6.5.9 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; and/or
6.5.10 Interfere with or disrupt the WhoseView Website or servers or networks connected to the WhoseView Website, or disobey any requirements, procedures, policies or regulations of networks connected to the WhoseView Website.
7 SUSPENSION AND TERMINATION
7.1 You agree that we may, with or without cause, immediately terminate your user account and access to the WhoseView Website without prior notice at our sole discretion. Without limiting the foregoing, the following will lead to a termination by us of a user's use of the WhoseView Website (a) breaches of this Agreement, (b) requests by law enforcement, Garda Siochana /police or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your user account includes removal of access to the WhoseView Website, all Content that we may determine and may also bar you from further use of the WhoseView Website. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the WhoseView Website
7.2 You understand and agree that we may review and delete any User Reviews or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal, or that might breach the rights of, harm, or threaten the safety of other users of the WhoseView Website. We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of the WhoseView Website. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
7.3 Failure to comply with this Agreement may result in our taking all or any of the following actions:
7.3.1 Immediate, temporary or permanent withdrawal of your right to use the WhoseView Website;
7.3.2 Immediate, temporary or permanent removal of any posting, material or Content uploaded by you to the WhoseView Website;
7.3.3 Issue of a public (via the WhoseView Website) or private warning to you;
7.3.4 Limit the amount of postings you may make;
7.3.5 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
7.3.6 Other legal action against you; and/or
7.3.7 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.4 We exclude liability for actions taken in response to breaches of the content standards and restrictions of use. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate.
8 OUR INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in the WhoseView Website, and in the Content published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
8.2 You acknowledge that the WhoseView Website and any underlying technology or software used in connection with the WhoseView Website contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the WhoseView Website in whole or in part except as expressly provided. Except as expressly and unambiguously provided herein, we and our suppliers do not grant you any express or implied rights, and all rights in the WhoseView Website not expressly granted by us to you are retained by us.
8.3 If it is determined that you retain moral rights in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
8.4 We are the proprietor of the Irish trade mark RANT R RAVE SHARE YOUR EXPERIENCES (239889). All product names mentioned on the WhoseView Website are the trade marks of their respective owners, and other trade marks may be displayed on the WhoseView Website from time to time. Some material on the WhoseView Website may contain other information containing intellectual property of a third party. Nothing displayed on the WhoseView Website should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, save as expressly provided in this Agreement.
8.5 You may print off one copy, and may download extracts, of any page(s) from the WhoseView Website for your own personal, non-commercial reference and you may draw the attention of others within your organisation to material posted on the WhoseView Website. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the WhoseView Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on the WhoseView Website for the purposes of viewing it while connected to the internet only.
8.6 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
8.7 Our status (and that of any partners, advertisers or third parties identified on the WhoseView Website) as the authors of material on the WhoseView Website must always be acknowledged by you.
8.8 If you print off, copy or download any part of the WhoseView Website in breach of this Agreement, your right to use the WhoseView Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
8.9 If you wish to make any use of Content on the WhoseView Website other than in the manner that is set out above, please address your request to info@WhoseView.com. You must not use any part of the on the WhoseView Website for commercial purposes without obtaining a licence to do so from us.
9 LIABILITY
9.1 The material on the WhoseView Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with access to the WhoseView Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the WhoseView Website.
9.2 To the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the WhoseView Website or in connection with the use, inability to use, or results of the use of the WhoseView Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.3 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
9.4 We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we 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, access to, or denial of access to any Content on the WhoseView Website.
9.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the WhoseView Website or to your downloading of any material posted on it, or on any website linked to it.
9.6 We do not guarantee the security of the online services or any systems connected with the use of the WhoseView Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the WhoseView Website or any systems used in accessing our services will be continuous or virus or error free.
9.7 Any material downloaded or otherwise obtained through the use of the WhoseView Website is done at your own discretion and risk and that 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 us or through or from the WhoseView Website shall create any warranty not expressly stated in this Agreement.
10 INDEMNITY
10.1 You agree to indemnify and hold us, our parent, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the WhoseView Website, (ii) the breach of this Agreement by you, or (iv) the infringement by you, or any third party using your account or user identification name or password, of any intellectual property or other right of any person or entity.
10.2 We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11 UPLOADING CONTENT TO OUR WEBSITE
11.1 Whenever you make use of a feature that allows you to upload Content to the WhoseView Website, or to make contact with other users of the WhoseView Website, you must comply with this Agreement, including our Privacy Policy. You warrant that any such Content does comply with this Agreement, and you indemnify us for any breach of that warranty.
11.2 Any Content you upload to the WhoseView Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the WhoseView Website constitutes a violation of their intellectual property rights, or of their right to privacy.
12 LINKING TO OUR WEBSITE and LINKS FROM OUR WEBSITE
12.1 You may link to pages of the WhoseView Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission.
12.2 We reserve the right to withdraw linking permission without notice, or to change the addresses of various pages of the WhoseView Website. Our Website must not be framed on any other websites.
12.3 Where the WhoseView Website contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave the WhoseView Website and do so entirely at your own risk.
13 CONTACT FROM US
We may need to communicate with you via email or by means of the other details that you have submitted to us in respect of your use of the WhoseView Website. You agree to receive emails which are specific to your account and necessary for the normal functioning of the WhoseView Website, including but not limited to emails which help inform users about functionality of the WhoseView Website (i.e. special offers, notifications and the WhoseView Website news updates).
14 JURISDICTION AND APPLICABLE LAW
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the WhoseView Website and/or WhoseView.Com Website although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by Irish law. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
15 VARIATIONS
We may revise this Agreement at any time. You should check the WhoseView Website from time to time to review these Terms, because it is binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at the WhoseView Website. The date on these Terms will indicate at the top of this page the date that revisions were last made. Such modifications become effective immediately upon posting of the modified terms on the WhoseView Website. You agree to review the Agreement periodically so that you are aware of any modifications as revised versions will be binding on you. Your continued use of the WhoseView Website after any modifications indicates your acceptance of the modified Agreement.
16 WAIVER
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
17 SEVERABILITY
In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
18 ASSIGNMENT AND ENTIRE AGREEMENT
18.1 We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
18.2 This Agreement contains the entire agreement and understanding between the parties relating to the WhoseView Website, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between the Privacy Policy and these Terms then these Terms take priority.
19 COMPLAINTS
If you believe that Content posted on the WhoseView Website or use of the WhoseView Website breaches this Agreement please inform us by specifying the full details of your concern. If you do not provide us with sufficient information, we maybe unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other users of the WhoseView Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
20 DISPUTES WITH THIRD PARTIES
You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the WhoseView Website. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you under the terms of the Agreement.
Thank you for visiting the WhoseView Website.