Terms and Conditions
1. Who can use WhoseWhere
You must be at least 16 years of age to create a WhoseWhere account. By creating an account you are warranting to us that you are of this age and:
- you can form a binding contract with WhoseWhere (can you use the name Tinder)
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
2. Your Account
You are solely accountable for all actions that happen on your account. It is your responsibility to keep your login credentials secure.
- By creating a WhoseWhere account you are agreeing that you will not create more than one account.
- You will not create an account if you have previously been banned from WhoseWhere.
If you think that someone has gained access to your account, please contact support at www.whosewhere.com
3. Modifying the Services and Termination
We are always trying new ways to improve our services. This may mean adding and terminating features of WhoseWhere and if these actions do not materially affect your rights or obligations, we may not provide you with notice before auctioning them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
We hope that you remain a loyal WhoseWhere customer but you can terminate your account at any time if you feel the necessary need is to do so.
WhoseWhere may also terminate these Terms with you at any time, for any reason, and without advanced notice. This means that we may stop providing you with any of our services. We may also suspend your account for any period of time.
Regardless of who terminates these Terms, both you and WhoseWhere will be bound by. Sections 3, 5, 10, 11, 12, 13, 15, 16 of the Terms.
4. Rights you grant WhoseWhere
By creating an account, you grant to WhoseWhere a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute your information. Any information uploaded or posted to your account could be taken by WhoseWhere. If uploading from Facebook you authorize us to access the information that is subjected to Facebook, as well as any information you post, upload, display or otherwise make available or post on the Service or transmit to other users.
Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service. These privacy settings can be managed in your WhoseWhere account settings.
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to WhoseWhere above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We have the right to delete your account if we feel you have violated this agreement and the terms accosted with them.
When communicating with our customer care and support center representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives is at any time threatening or offensive, we reserve the right to immediately terminate your account.
The Services may contain advertisements. In consideration for WhoserWhere. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
We love to hear your feedback so please feel free to let us know how we could make our services better. However we may use your ideas at any time without consulting you or compensating you.
5. Safety; Your Interactions with Other Users.
We take your safety seriously and will always do our best to keep WhoseWhere a safe place for everyone but we can’t guarantee it. We need your contribution into keeping WhoseWhere safe. By using the Services, you agree that:
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
WhoseWhere do not partake in any background checks into any of our users. We will always strive to terminate fake accounts but can’t guarantee the deletion of all of them. You are completely responsible for your actions over WhoseWhere and who you give certain personal information to.
6. Rights WhoseWhere Grants You.
WhoseWhere grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to stop this from happening through your devices settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
7. Community Rules
By using the Services, you agree that you will not:
- use the Service for any purpose that are illegal or prohibited by this Agreement.
- spam, including creating fake accounts or solicit money from or defraud any users.
- Claim to be another person or entity or post any images or content from or of another person without his or her permission.
- bully, stalk, intimidate, threaten, harass any other persons.
- post any Content that violates the terms such as privacy, copyright, trademark or other intellectual property that do not belong to you.
- post any Content including images that is, (are) sexually explicit or pornographic; includes nudity. or violent or illegal.
- use another user’s account.
- create more than one account or another account if we have already terminated your account, unless you have our permission.
WhoseWhere has the right to terminate your account at any time if we feel you have in anyway violated these terms.
8. Other users content
Although WhoseWhere reserves the right to review and remove Content that violates this Agreement, All content uploaded by you the user is your sole responsibility. WhoseWhere cannot guarantee that all Content will comply with this Agreement as we do not review all content uploaded. If you see any content that you think violates the terms of service you should contact our support team at www.whosewhere.com.
9. Respecting Copyright
If WhoseWhere becomes aware that one of its users has repeatedly infringed copyrights, we will take action to terminate your account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, contact our support team at www.whosewhere.com
the services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. in addition, while whosewhere. (should be capital letters) attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any content, USER content, or information you obtain on or through the services will be timely or accurate.
whosewhere takes no responsibility for any content that you or another user or third party posts, sends or receives through the services. any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.
11. Third Party Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. We do not control any of the third-party websites. You acknowledge that WhoseWhere is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WhoseWhere or any association with its operators
WhoseWhere will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
12. Limitation of Liability
to the fullest extent permitted by applicable law, in no event will whosewhere, (capitals) its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the services, (ii) the conduct or content of other users or third parties on, through, or following use of the services; or (iii) unauthorized access, use or alteration of your content, even if whosewhere has been advised of the possibility of such damages. in no event will whosewhere aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you to whosewhere for the service while you have an account.
some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
13. Arbitration, Class-Action Waiver, and Jury Waiver
These Terms of Service are governed by the laws of South Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of South Australia, Australia. These Terms of Service constitute the entire agreement between WhoseWhere and you in relation to the use of any of our services. Communications or displays whether electronic, oral or written, between us and you in relation to our services.
14. Age of users
WhoseWhere is for persons 16 years and above. By using our services and agreeing to our terms and conditions you warrant and represent that you are of the age of 16 years.
If you become aware of a user that is under the age of 16 please contact support at www.whosewhere.com
You agree to oblige by the law of indemnify, defend and hold harmless WhoseWhere and its related corporate bodies, and each of their respective officers, employees, agents, contractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind resulting from your use of WhoseWhere or your breaching of any provision of the Terms of Service herein.
16. Final terms
We cannot always guarantee the enforcement of all provisions listed in these terms of service. By not enforcing a provision in these terms a waiver will not be considered.
None of our terms of service create or confer any third party beneficiary rights.