The Service is not directed toward or intended to be used by children under the age of 13. If you are under 13, you may not access or otherwise use the Service.
The Service is intended solely for persons who are 13 years or older. Any access to or use of the Service by anyone under 13 years old is expressly prohibited. By accessing the Service you represent and warrant that you are 18 or older (or, if you are younger than 18, that you are at least 13 years old and have the consent of a parent or guardian to access or use the Service).
You may not (a) copy or modify the Mobile Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Mobile Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Mobile Application to any third party; or (c) make the functionality of the Mobile Application available to multiple users through any means, including but not limited to distribution of the Mobile Application. The Mobile Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Mobile Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You must comply with any technical restrictions in the Mobile Application that allow you to use the Mobile Application only in certain ways.
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices, You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Service. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Service or on content available through the Service may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on or through the Service or any of its features or services , if any, are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or the written permission of the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on or through the Service or any of its features or services is strictly prohibited.
Prohibited User Conduct.
You warrant and agree that, while using the Service and the various services and features offered on or through the Service, you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Service's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Service), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (iii) attempt to gain unauthorized access to other computer systems through the Service. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service or the services offered on or through the Service, including without limitation any information residing on any server or database connected to the Service or the services offered on or through the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Service or the services made available on or through the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Service or the Service's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use the Service or the Service's features or services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service or the Service's features and services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service or any of its features or services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Service.
Posting of Comments and Content.
You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Service or any service or feature made available on or through the Service, any materials which (i) restrict or inhibit any other user from using and enjoying the Service or the Service's features or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Right to Monitor and Editorial Control.
Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to the Service may be recorded and stored in multiple places, both on our Service and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Linking to the Site.
Your Responsibility to Us.
Third Party Web Sites.
You may be able to link from the Service to third party web sites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be causes by or in connection with the use of or reliance on any content, goods or services available on or through a Linked Site. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. WhoSay Inc. disclaims any liability for links (i) from another web site to this Site and (ii) to another web site from this Site. WhoSay Inc. cannot guarantee the standards of any web site to which links are provided on this Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with any law, including without limitation copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Limitation on Liability for Third Party Postings.
The Service may contain views, opinions, recommendations and statements of various third party individuals and organizations. We neither endorse nor make any representation or warranty whatsoever regarding the views, opinions, recommendations or statements provided by any third party or any user of the Service. We neither endorse nor are responsible for any offensive, pornographic, defamatory, obscene, indecent, unlawful or infringing posting made thereon, and we assume no responsibility or liability arising from the content of any such postings nor for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained in any information within such posting on the Service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion, recommendation or contents available through the Service, and to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, recommendation or other content.
We respect the intellectual property rights of others, and require that the people who use the Service, or the features or services made available on or through the Service, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), as amended, named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
voice: (212) 889-4171
fax: (212) 889-4043
By Mail: Robert B. Opatrny, Esq., 118 East 28th Street, Suite 914, New York, NY 10016
You expressly agree that your use of, and browsing in, the Site and use of the Service is at your own risk. The Site and Service, including, without limitation, the Mobile Application and all services, content, functions and materials provided by us through the Site, are provided on an "as is" and "as available" basis and we expressly exclude all representations, warranties, conditions and terms express or implied. by statute, common law or otherwise with respect to the Site and Service and any information or goods or services that are available or advertised or sold through the Site to the fullest extent permitted by law (including representations, warranties, conditions and terms as to merchantability, satisfactory quality, fitness for a particular purpose and non-infringement).
While we take reasonable precautions to prevent the existence of viruses or other harmful components, on the Site, we accept no liability for them and we do not warrant that the Service or the services, content, functions or materials provided through the Service will be timely, secure, uninterrupted or error free.
Our Liability to You.
In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.
Our aggregate liability for any and all loss or damage suffered by you as a result of your access to and use of the Service and/or any content from the Service, which is not covered by the above limitations and exclusions (or in the event that the above limitations and exclusions are not permitted by law) is limited to US$50.00.
Last Updated September 17, 2013