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Terms of use

Whisher Terms of Service for Your Personal Use


Welcome to Whisher Technologies LLC. By accessing the Whisher website ('Site') or using the services offered by Whisher ('Services') you agree and acknowledge to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services.
You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use.
Whisher reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

Usage License

Whisher grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Whisher reserves the right to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

Use of Whisher software

Whisher software, sometimes referred to as (the Software) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of Whisher. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website.

User Responsibility

You are solely responsible for your use of the Site, Services and Software.
You must exercise respect when participating in any of Whishers community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, file transfer or any other feature of Whisher.
Whisher does not monitor the contents of these community features and cannot be held responsible for the content posted by or distributed among Whisher members. Whisher merely serves as a platform for members to exchange WiFi credentials, user-generated content distributed over the Internet or locally within the wireless coverage, which are not under our control, and therefore Whisher is not responsible for any legal implications derived from these activities.

Feeds and API

Whisher provides access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. Whisher asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Whisher database or reproduce, duplicate or copy the Whisher Site. Whisher reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason.

Intellectual Property (Trademarks & Copyrights)

Whisher, the Whisher logo and the Whisher design are trademarks or trade dress of Whisher, and may not be used without express written permission from Whisher, other than for attribution. All other trademarks not owned by Whisher that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Whisher. Whisher-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Whisher and its licensors and protected by Spanish and international copyright laws. Except as set out in these Terms, no reproduction of any Whisher-originated content is permitted without written permission from Whisher. User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

No Warranty and Limitation of Liability

WHISHER PROVIDES THE SITE AND SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WHISHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMAT ION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not all ow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use . UNDER NO CIRCUMSTANCES SHALL WHISHER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSO EVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT WHISHER HAS BEEN ADVISED OF SUCH POSSIBIL ITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH WHISHER SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Other

Whisher and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Whisher and you. These Terms supersede any previous agreement and represent the entire agreement between Whisher and you. These Terms are governed by Spanish law. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.

Any notices must be sent to Whisher in English at terms@whisher.com.

Last revised October 25, 2006.

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