Terms of service

WHOSAY INC. VIEWER TERMS OF USE

The following terms and conditions (the "Terms of Use") govern your use of this WhoSay web site at www.whosay.com (the "Site") and the related services and applications, including applications for mobile devices, content, widgets and other materials as set out in more detail in the "Access" section below (referred to collectively with the Site as the "Service") provided by WhoSay Inc. ("WhoSay," "we", "us" or "our") and any other content made available from or through the Site or the Service.

Please note that we may change the Terms of Use from time to time, and will notify you of these changes by posting our updated Terms of Use on the Site. Changes in the Terms of Use will be effective when posted and your continued use of the Site or Service after such posting constitutes your acceptance of such changes.

In addition to these Terms of Use we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found at http://www.whosay.com/privacy and is incorporated by reference into these Terms of Use.

By using the Service, or by accessing or using the Mobile Application (as defined below), you accept and agree to be bound by and comply with these Terms of Use, and the Privacy Policy, as applied to your use of the Service and are entering into a legal binding contract with us. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Service. Please save and/or print a copy of these Terms of Use (including our Privacy Policy) for your future reference.

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).

WhoSay Inc. is a company incorporated under the laws of the state of Delaware, U.S.A., and has its registered address at 418 Broadway, 3rd Floor, Albany, New York 12207, U.S.A. If you have any questions about these Terms of Use or wish to contact us for any other reason please do so by contacting us at legal@whosay.com.

ACCESS.

Subject to these Terms of Use, we offer to provide the Service solely for your own use, and not for the use or benefit of any third party. The Service includes, but is not limited to, any applications or widgets offered by WhoSay that you download from the Site or, subject to the terms set out under the "Third Party Web Sites" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by us, as well as the offering of any materials displayed or performed on or through the Site or Service (including Content (as defined below)).

PROPRIETARY RIGHTS.

As between you and us, we and our suppliers and licensors, own, solely and exclusively, all rights, title and interest in and to the Site, the Service, and all their content (including, for example, audio, photographs, image, video, illustrations, graphics, other visuals, copy, text, articles, advertising, software, titles, etc., "Content") and to all code, data and materials thereon, the look and feel, design and organization of the Site and other parts of the Service, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, service mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, including so called "rights of publicity" ("IPR"). Your use of the Service does not grant to you ownership of any content, code, data or materials you may access on or through the Service. Any copying, rearrangement, redistribution, modification, use or publication by you of any content or any part of the Service, except for the limited rights of use granted hereunder, is prohibited. Any rights not expressly granted in these Terms of Use are expressly reserved. If any IPR in or to the Service vests in you, whether by operation of law or otherwise, you hereby assign to us (or to any third party we nominate) all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Service. You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Use, or to establish, perfect, preserve or enforce our rights under these Terms of Use.

LIMITED LICENSE.

Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, limited license to access and view the Content on the Service on your computer or other device, and no other use may be of the Content except as specifically provided in these Terms of Use.

Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the WhoSay mobile device application ("Mobile Application") onto any authorized device you own and control, and run such copy of the Mobile Application solely for your personal, non-commercial use. Furthermore, with respect to any Mobile Application downloaded from the iTunes® store, you may only use the Mobile Application as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.

The copy of the Mobile Application is licensed, not sold, to you. You agree that WhoSay and its licensors own all right, title and interest in and to the Mobile Application, including all intellectual property rights therein, and that we retain ownership of all copies of the Mobile Application even after installation on your mobile device. The Mobile Application is protected by United States copyright law and international treaties. You must not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the Mobile Application as delivered to you. WhoSay reserves all rights in the Mobile Application not expressly granted to you in these Terms of Use.

The license to the Mobile Application granted under these Terms of Use remains in effect, unless earlier terminated by you or us in accordance with this provision. You may terminate the license at any time by removing or destroying all copies of the Mobile Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from WhoSay if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the Mobile Application and promptly delete and destroy all copies, full or partial, of the Mobile Application.

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.

EMBEDDED LANGUAGE.

You may use an image or video posted on the Site on a web site owned and controlled by you only if you embed all of the HTML code that is located in the "Embed This" dialog box for the image or video on the Web Site, provided that such use is not of a commercial nature, and that the embedded text link drives viewers back to the Site. You must retain any copyright and other proprietary notices that appear on the image. Failure to follow these requirements shall constitute a breach of these Terms of Use, and you may no longer access or otherwise use the Site, and your noncompliance shall void and invalidate any permission by the copyright owner, express or implied, to make use of such image, and your use of the image will subject you to possible claims of copyright infringement, as well as claims arising out of proprietary rights, including so-called "rights of publicity" and any other claims that may be asserted by the respective rights owner. In the event you embed the HTML code described above on a web site owned or controlled by you, we may place one or more cookies in the browsers of visitors to your site, as more fully explained in our Privacy Policy found at http://www.whosay.com/privacy. It is your responsibility to make any required disclosure to your visitors of the possible placement of such cookies.

In the event you wish to use an image posted on the Site in a commercial manner, you can do so only with express permission and authorization, and must directly contact WhoSay Inc. at commercialuse@whosay.com before any such commercial use. Failure to follow these requirements shall constitute a breach of these Terms of Use, and you may no longer access or otherwise use the Site, and your noncompliance shall void and invalidate any permission by the copyright owner, express or implied, to make any use of such image, and your use of the image will subject you to possible claims of copyright infringement, as well as claims arising out of proprietary rights, including so-called "rights of publicity" and any other claims that may be asserted by the respective rights owner.

PROHIBITED USE.

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.

TRADEMARKS.

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.

USER INFORMATION.

In the course of your use of the Service, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Service's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and represent and warrant that you will not provide any information that is inaccurate or misleading.

SUBMITTED MATERIALS.

We are not responsible for materials or content submitted or posted to the Service, and you, using the Service as a viewer, shall be solely responsible for your own submissions and posting and the consequences of posting or publishing them. We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Service, by e-mail or in any other way. Any comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the WhoSay Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, or that you own or have all necessary rights, licenses, consents, releases and permissions to submit and post the Submitted Materials, or that no other party has any rights thereto, that the Submitted Materials do not infringe or violate the rights of any person, including but not limited to privacy and publicity rights, or violate any law or regulation, and that any "moral rights" in Submitted Materials have been irrevocably and unconditionally waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and in connection with our business and the business of our successors, parents, subsidiaries, affiliates and related companies, and you agree that you shall have no claims against us for using these materials. We reserve the rights to display advertisements in connection with your Submitted Materials and to use your Submitted Materials for advertising and promotional purposes. You acknowledge and agree that your Submitted Materials may be included on the web sites and advertising networks of our distribution partners and third-party service providers (including their downstream users). You also hereby grant each user of the Service a non-exclusive, royalty-free license to access Submitted Materials through the Service for the purposes of accessing and using them in accordance with these Terms of Use. We cannot be and are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. We are and shall be under no obligation to pay to you or any user any compensation for any Submitted Materials, or to respond to any of your or any other user's Submitted Materials.

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.

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Service or through the Service's features or services by users, and we are not responsible for any such materials posted by users. We do not undertake or assume any duty to monitor the Service for inappropriate or unlawful content. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use or applicable law.

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.

You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you, whereupon you shall, within twenty four (24) hours, discontinue such link. Your failure to discontinue a link after receiving notice as provided above shall constitute a breach of these Terms of Use.

YOUR RESPONSIBILITY TO US.

Subject to these Terms of Use, you agree to compensate us and our affiliates and licensors, and each of their respective directors, officers, employees, owners, licensees, licensors and agents for any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and court costs, arising directly out of (i) any violation of these Terms of Use by you, (ii) your use of this Service, including but not limited to the placement or transmission of any content, material or information on this Service, or (iii) the use by WhoSay Inc. or any of its affiliates or licensors of any content, materials or information you provide, as long as such use is not inconsistent with these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you otherwise agree to compensate us, and in such case, you agree to cooperate with our defense of such claim.

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.

COPYRIGHT AGENT.

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.

General Counsel

Robert Opatrny

WhoSay Inc.

voice: (212) 889-4171

fax: (212) 889-4043

e-mail: legal@whosay.com

By Mail: Robert B. Opatrny, Esq., 118 East 28th Street, Suite 914, New York, NY 10016

WARRANTY DISCLAIMER.

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.

We may make improvements and/or changes in the Service at any time including changes to these Terms of Use. We make no warranty that the Service or the provided services will meet your requirements.

OUR LIABILITY TO YOU.

Except where and to the extent required by law, we (together with our affiliates, suppliers or licensors, or any of our directors, officers, employees, agents or content or service providers (collectively, the "protected entities")) expressly exclude liability to you for: (i) any loss of profit; (ii) loss of savings; (iii) loss of business; (iv) loss of goodwill; (v) loss of data; or (vi) any indirect, special, incidental, consequential, exemplary or punitive damages of any kind arising from or in connection with these Terms of Use, your use of, or inability to use, the Site, the Service, the Mobile Application, the services, content, materials and functions related thereto or your provision of information via the Site (whether the claim is brought for breach of contract, in negligence or any other tort, under statute or otherwise) whether or not such protected entity has been advised of the possibility of such damages.

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.

GOVERNMENT USE.

The use, duplication, reproduction, release, modification, disclosure or transfer of any software, application or widget, including the Mobile Application, is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

TERMINATION.

We may terminate, change, suspend or discontinue any aspect of the Service or the Service's features or services at any time. You agree that we will not be liable to you or any third party for any such termination, change, suspension or discontinuance. We may restrict, suspend or terminate your access to the Service and/or its features or services if we believe you are in breach of these Terms of Use or applicable law. We maintain a policy that provides for the termination in appropriate circumstances of the Service use privileges of users who are repeat infringers of intellectual or other property rights. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of these Terms of Use shall survive, including, but not limited to the, rights and licenses that you have granted hereunder, agreement to compensate, releases, disclaimers, limitations on liability, no trial by jury, and provisions related to choice of law.

MISCELLANEOUS.

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Except as expressly stated in these Terms of Use, these Terms of Use do not confer any right, remedies or benefits upon any person other than you and us.

These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

We may assign these Terms of Use on written notice to you provided that your rights under these Terms of Use are not prejudiced. You may not assign these Terms of Use without our written permission but we will not unreasonably withhold such permission.

The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

The Terms of Use and Privacy Policy are available in the following language: English

Last Updated September 17, 2013