THE FOLLOWING DESCRIBES THE TERMS ON WHICH WHYGOSOLO OFFERS YOU ACCESS TO ITS SITE AND USE OF ITS SERVICES.
Welcome to the Web site operated by WGS, Inc. ("WGS”). WGS maintain this Web site, whygosolo.com ("Site"), as a service to visitors. By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered or paying user of WGS Services.
If you do not agree with any of the terms herein, you do not have the right to obtain information from or otherwise continue using this Site or Services. Failure to use this Site and/or Services in accordance with the following terms of use and/or misuse may also subject you to civil and criminal penalties. WGS reserves the right to make changes to these terms at any time. Your continued use of WGS Services constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for any such changes.
1. MEMBERSHIP ELIGIBILITY AND RESPONSIBILITY
1.1 This Service is for adults only (at least 18 years old). By registering as a member of the Site you represent that you are age eligible where you reside, and any information you submit to WGS is accurate and correct and will remain so.
1.2 Your membership is solely for your individual use and you will not authorize any other person or entity to use your account, profile, or messages. Membership in the Service is void where prohibited. You are solely responsible for all use of your account including but not limited to content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to inform WGS immediately of any unauthorized use/misuse of your account.
1.3 You agree to maintain the accuracy of your registration information and to keep account information confidential. You must inform WGS as soon as possible about anyone besides you using your account, or any security breach relating to WGS’s Service. You understand and agree WGS has no obligation to prescreen, manage, or edit content made available through WGS’s Service. You agree to bear all risk associated with content you or others provide using your account.
1.4 You may not submit or post through WhyGoSolo any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, or harmful to a minor. You are solely responsible for all materials (profile information, activity details, messages , photos, images, video), you post or otherwise provide to WGS related to the WGS website ("Postings").
1.5 You acknowledge that WGS does not and has no obligation to pre-screen content, but that WGS and/or its designees shall have the right (but not the obligation), in their sole discretion, to refuse to carry or remove any content available via the Service. Without limiting the foregoing, WGS and its designees shall have the right to remove any content that violates these terms of Service or is otherwise objectionable.
1.6 You acknowledge and agree that WGS may preserve content and may also disclose content if required to do so by law or in the good faith belief such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WGS, its users and the public.
1.7 You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. USER CONDUCT. In your use of WGS Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
(a) Use the service to engage in harassment or use offensive behavior.
(b) Impersonate any person or entity.
(c) Create compilations or derivative works of any Content and Materials from the Site.
(d) Use any Content and Materials from the Site which in any manner may infringe any copyright, intellectual property , proprietary, or property right of WGS and/or any third party(ies)
(e) Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Site.
(f) Make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future.
(g) Remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture.
(h) Use any manual process or automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, harvest information from, or copy any part of WGS’s site. Unauthorized access to WGS’s site(s) is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface provided by WGS for use in accessing WGS’s site(s).
(i) Use the Site for the purpose of collecting or storing personal information about other end users, or for gathering information for or transmitting directly or indirectly any (1) unsolicited commercial or bulk e-mail, surveys, contests, pyramid schemes, SPAM, unsolicited advertising or promotional materials, or chain letters; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions.
(j) Use the Site to engage in any illegal activities or in a manner which violates any state or federal law regulating email, facsimile transmissions or telephone solicitations or regulations.
Export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
(k) Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others.
Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content.
(l) Transmit files containing viruses, corrupted files, or any other similar software or programs which may damage or adversely affect the operation of another person's/entity’s computer, WGS sites, any software or hardware, or telecommunications equipment.
(m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other materials.
(n) Restrict or inhibit any other user from using and enjoying any public area within WGS’s sites.
(o) Interfere with or disrupt WGS’s sites, servers or networks.
(p) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(q) Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through WGS’s sites, or manipulate your presence on WGS’s sites.
3. PRIVACY. We understand the concerns you may have about your privacy and respect your right to protect your personal information while online. However, WGS’s Services are designed to allow users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any other personal information, you waive any privacy expectations you have or might have with respect to use of such likeness or personal information. WGS may collect certain other personal information from you that we do not post on WGS’s Sites. In most cases, WGS does not intentionally transfer this information to unaffiliated third parties without your consent. However, WGS reserves the right to transfer such information without your consent to prevent an emergency, to protect or enforce WGS’s rights, to protect or enforce the rights of a third party, or in response to a court order or subpoena as otherwise required or permitted by law. In addition, WGS provides this personal information to third-party service providers who help WGS maintain its Services and deliver information and services to you and other users of these Services.
4. YOUR CONTENT
4.1 Grant of A License to WGS. By submitting any content (including without limitation, your photograph), to WGS’s Site(s), you hereby grant WGS and its assigns or designees a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and/or promote such content in any form, in all media now known or hereinafter created and for any purpose.
4.2 Content Restrictions. You are solely responsible for any content you submit, post or transmit via these Services.
(a) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
(b) You understand and agree that WGS may review and delete any content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews), which in the sole judgment of WGS violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the WGS site and/or other website users.
(c) You are solely responsible for any content you publish or display on the WGS site or transmit to other members and/or other website users ("Posted Content").
(d) You are solely responsible for your ratings and reviews of people, businesses, venues and Groups listed on WGS. WGS reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
(e) You agree you will only post content you believe to be true and will not purposely provide false or misleading information.
(f) By posting content on the WGS site, you agree to and hereby grant, as well as represent and warrant that you have the right to so grant, WGS its contractors, and the users of the WGS site(s), an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted content and to prepare derivative works of, or incorporate into other works, such posted content.
(g) The following is a partial list of the kind of content and communications which are prohibited on/through the WGS site. WGS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing the offending communication from the Service and terminating the membership of such violators or blocking your use of the WGS Service and/or WGS site. You may not post Content which:
is false or intentionally misleading;
is patently offensive to users of the WGS site(s), such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
promotes illegal activities or abusive conduct;
is threatening, obscene, defamatory or libelous;
is pornographic or sexually explicit in nature; and seeks or recommends providers of material exploiting minors, under the age of 18, in a sexual or violent manner, or seeks or recommends providers who solicit personal information from anyone under 18.
5. THIRD-PARTY CONTENT. In using these Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at this Site or through links to third-party websites. WGS does not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of WGS’s Services.
5.1. Third-Party Services. WGS may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand WGS does not control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. WGS is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY WGS, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WGS BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
5.2 Third-Party Merchant Policies. All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are totally independent of each other and neither has authority to make any representations or commitments on behalf of the other.
6. PAYMENTS. You represent and warrant if you are purchasing something from WGS that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes and shipping/service charges.
7. LINKS TO OTHER WEB SITES. WGS’s Site(s) may contain links to other Web sites now or in the future. WGS is not responsible for the content, accuracy or opinions express in any other Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by WGS. Inclusion of any linked Web site to a WGS Site does not imply WGS approval or endorsement of the content or products of the linked Web site. If you decide to leave WGS’s Site and access any third-party sites, you do so at your own risk.
8. PROPRIETARY RIGHTS
8.1 Except for the Content submitted by members or users, the WGS Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by WGS or its licensors. You acknowledge that the WGS Service and any underlying technology or software used in connection with the Service contain WGS's 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 any WGS Site, or WGS Services in whole or in part except as expressly provided in WGS's policies and procedures made available by WGS. Except as expressly provided herein, WGS and its suppliers do not grant you any express or implied rights, and all rights in the WGS Service not expressly granted by WGS to you are retained by WGS.
8.2 WGS owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service.
9. TERMINATION. WGS may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to WGS’s Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
10. DISCONTINUANCE OF SERVICES AND REFUND. To the extent you purchase any services directly from WGS, WGS will refund your purchase price within thirty (30) days of you notifying WGS in writing of your desire for a refund, together with the reason for the request, with the product or service returned to WGS in substantially the same condition as when purchased. Please note, however, certain products and services mentioned on WGS’s site(s) are sold by third parties or are linked to third party Web sites, and WGS has no responsibility or liability for those products or services. For products purchased from WGS, you may request a refund by contacting us by email at support@whygosolo.com. You may obtain any additional information concerning WGS refund and return policies, including WGS’s mailing address, by contacting us at support@whygosolo.com.
11. LEGAL COMPLIANCE. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
12. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
13. DISCLAIMER OF WARRANTIES
13.1. IF YOU USE WGS’s SERVICES, YOU DO SO AT YOUR SOLE RISK. WGS’s SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WGS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2. WGS DOES NOT WARRANT THAT (A) ITS SERVICES WILL MEET YOUR REQUIREMENTS; (B) ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION YOU MAY OBTAIN THROUGH WGS’s SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WGS’s SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WGS COLLECTS WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF WGS’s SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM WGS OR THROUGH OR FROM WGS’s SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
14.1. WGS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE WGS’s SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WGS’s SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WGS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON WGS’s SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF WGS’s SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF WGS’s SERVICES OR PERSONS INTRODUCED TO YOU BY OR THROUGH WGS’s SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH WGS’s SERVICES OR THESE TERMS.
14.2. WGS SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND WGS’s REASONABLE CONTROL.
14.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. TO THE EXTENT THEY ARE ALLOWED, THEY SHALL BE IN FULL FORCE AND EFFECT OR REFORMED OR MODIFIED TO BE SO ALLOWED.
15. INDEMNITY. You shall defend, indemnify and hold harmless WGS (which includes each of its officers, directors, members, employees, agents, designees, licenses, and affiliates), from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of WGS’s Services or alleging facts or circumstances which could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify WGS, WGS will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether WGS wishes to settle it, and if so, on what terms.
16. REPORTING MISCONDUCT. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities, and to WGS by contacting WGS at support@whygosolo.com; provided your report shall not obligate WGS to take any action or cause WGS to incur any liability.
17. CHANGES TO THIS AGREEMENT OR TO WGS SERVICES. You agree and understand that these Terms of Service, the WGS Site and the WGS Services may be modified by WGS at any time without prior notice, and such modifications will be effective upon WGS's posting of the new terms and/or upon implementation of the new changes on the WGS Site. You agree to review the Terms of Services periodically so you are aware of any modifications. Your continued use of the WGS Service after any modifications indicates your acceptance of the modified Terms of Services. Unless expressly stated otherwise by WGS, any new features, services, enhancements or modifications to the WGS Service implemented after your initial access to the Service shall be subject to these Terms of Services.
18. GOVERNING LAW / ARBITRATION. This Agreement shall be treated as though it were executed and performed in the Commonwealth of Virginia, USA, and shall be governed by and construed in accordance with the laws of Virginia (without regard to conflict of law principles). Any claim arising out of or relating to this agreement or WGS shall be settled by binding arbitration in Fairfax County, VA in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, and not consolidated with another party's claim. Judgment on the arbitration award may be entered by any court with competent jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Virginia law. However, (a) the parties hereto may seek interim relief from a Fairfax County, VA court to protect the party's rights or property while arbitration is pending, and (b) at WGS’s sole option, forego arbitration in cases of fraud or other crimes against WGS, interference with WGS’s technical operations or violations of WGS’s rights or property. Costs of arbitration or legal process shall be borne by the party not prevailing in such.
Questions or Comments
If you have questions or comments about these terms of use, please email us at support@whygosolo.com or contact us at: