WhoIsWhoPro.com Terms and Conditions of Use and Service

Last Updated and Effective as of July 14, 2010

To use the Services (defined below), you must first agree to and accept these Terms of Use (defined below). Where such express opportunity to agree to the Terms is not present, your use of the Website and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements.

This Terms of Use Agreement (the "Terms of Use" or "Agreement") contains the terms and conditions applicable to your access and use of the WhoIsWhoPro.com website and any feeds, including but not limited to RSS feeds, (collectively, the "Website") and WhoIsWhoPro.com's services (the "Services"), and by using the Website or the Services you accept this Agreement.

WhoIsWhoPro.com may amend this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the top of this page. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW THE WEBSITE OR USE THE SERVICES.

We may translate these Terms of Use into other languages for your convenience. Nevertheless, the English version governs your relationship with WhoIsWhoPro.com, and any inconsistencies among the different versions will be resolved in favor of the English version.

I. Definitions

"Content" means text, images, photos, audio, video, and all other forms of data or communication that is made available on the Website, including Visitor's Content, Subscriber's Content, Third Party Content and WWP Content.

"Visitor's Content" means Content that any visitor submits or transmits to or through the Website, such as ratings, reviews, compliments, invitations and information.

"Subscriber's Content" means Content that an Account holder submits or transmits to or through the Website.

"Third Party Content" means Content that is made available on the Website by parties other than WhoIsWhoPro.com or its visitors, such as data providers who license data to WhoIsWhoPro.com for use on the Website.

"WWP Content" means Content that we create and make available on the Website.

II. Eligibility

By using the Website and Services you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with WhoIsWhoPro.com

You represent and warrant that all information provided by you when creating and updating an Account is true, accurate and complete.

Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Services. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account.

You represent and warrant that you (a) have not previously been suspended by WhoIsWhoPro.com or removed from the Website; (b) are not a direct competitor of WhoIsWhoPro.com; (c) do not have more than one WhoIsWhoPro.com account at any given time; and (d) that you have full power and authority to enter into these Services and in doing so will not violate any other agreement to which you are a party.

III. Use of the Website

We grant you permission to use the Website subject to the restrictions in these Terms of Use. In accessing or using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. WhoIsWhoPro.com does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

IV. Restrictions of Use

You agree that you will not, and will not assist or enable others to:

1. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;
2. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3. use the Website for promotional or commercial purposes, except as expressly allowed in writing by WhoIsWhoPro.com;
4. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
5. use the Website for keyword spamming or to otherwise attempt to manipulate natural search results;
6. use the Website to promote bigotry or discrimination against anyone;
7. use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
8. use the Website to submit or transmit pornography or illegal content;
9. use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
10. use the Website in violation of the Terms of Use or any applicable law;
11. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Website Content (other than your Content), except as expressly authorized by WhoIsWhoPro.com;
12. reverse engineer any portion of the Website;
13. remove or modify any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
14. record, process, or mine information about other users;
15. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website Content unless you are owned by Google, Yahoo, Bing or Ask.com;
16. access, retrieve or index the Website to for purposes of constructing or populating a searchable database of business listings and/or reviews;
17. reformat or frame any portion of the Website;
18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on WhoIsWhoPro's technology infrastructure;
19. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; make excessive traffic demands; use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

V. Permission to Use Your Content

We may use your Content in a number of different ways, including displaying it on the Website, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use your Content for any purpose. You also irrevocably grant the Webite's users and the users of any Other Media the right to access your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your Content.

VI. Privacy

For information about how we handle your personal information, please read our Privacy Policy.

VII. Termination

In our sole and absolute discretion, we may terminate your Account for any or no reason (including for reasons related to unlawful or unauthorized usage) and without notice or liability of any kind.

Any such termination or suspension could prevent you from accessing your account, the Website, your Content or any other Content or related information.

We are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and the Services.

You may terminate the Terms of Use at any time by closing your account, discontinuing your use of any and all parts of the Website and providing WhoIsWhoPro.com with a notice of termination here. If you close your account, we may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted.

VIII. Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE WEBSITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE.

WHOISWHOPRO.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOISWHOPRO.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NEITHER WHOISWHOPRO.COM NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

WHOISWHOPRO.COM DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF WHOISWHOPRO.COM OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

WHOISWHOPRO.COM IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF OUR WEBSITE AND/OR THE ENFORCEMENT OF THE TERMS OF USE (INCLUDING WITHOUT LIMITATION CONTENT FROM ANY E-MAIL ACCOUNT HOSTED BY BUSINESS.COM), AND IS NOT OBLIGATED TO MAINTAIN BACK-UP COPIES OF ANY CONTRIBUTED CONTENT OR E-MAIL MESSAGES. WE RECOMMEND THAT YOU RETAIN A COPY OF ALL USER CONTENT THAT YOU POST OR DISTRIBUTE TO, OR THROUGH, THE WEBSITE.

WHOISWHOPRO.COM ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE WEBSITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH WHOISWHOPRO.COM RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE. THEREFORE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD WHOISWHOPRO.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES MADE BY YOU OR ANY THIRD PARTY.

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