Important – Read Carefully
Using the WHISPERFRESH Services
In order to access some features of the Site, you may have to create an account. When creating an account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You agree to keep your password confidential. You may not share your password or permit anyone else to use your account. You must notify WHISPERFRESH immediately of any breach of security or unauthorized use of your account. You agree to never use another’s account without permission from WHISPERFRESH. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents or to purchase products or services is not transferable. WHISPERFRESH is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Third Party Sites
How you may use our materials
The content of this Site is protected by copyright under both United States and foreign laws. You may download and view a single copy of the materials found on the Site for informational purposes only, provided that any copy that you make of the material must bear any copyright, trademark or other proprietary notice located on the Site which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by WHISPERFRESH or any third party owner of such rights. You may not create framed links or deep links to the Site without express written permission from WHISPERFRESH.
Except as specifically permitted or authorized on the Site, no areas of this Site may be used by you for any commercial purposes. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “scripts,” “webcrawlers,” or “offline readers,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communications systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their user submissions without consent. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. While WHISPERFRESH may not currently have a fixed upper limit on the number of transmissions you may send or receive through the services, such fixed upper limits may be set by WHISPERFRESH at any time, at its sole discretion.
How you may use our marks
WHISPERFRESH, our logo, and all related design marks and slogans are the trademarks or service marks of WHISPERFRESH or its subsidiaries or affiliates. You are not authorized to use any WHISPERFRESH name or mark in any advertising, publicity, or any other commercial manner without the prior written consent of WHISPERFRESH.
No unlawful or prohibited use
You agree not to use the Site or services offered on the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site or services in any manner that could damage, disable, overburden, or impair
this Site or interfere with any other party’s use of the Site or services. You may not seek to obtain any materials or information through the Site by any means not intentionally made available or provided for through the Site.
The Site may contain communications services such as bulletin boards, chat rooms, communities, electronic mail postings, and other public forums. If WHISPERFRESH makes such forums available to you, you agree to post messages only if they are relevant to the intended subject matter of the forum. You agree that you will not: (1) post any incomplete, false, or inaccurate biographical information or information which is not your own; (2) delete or revise any material posted by any other person or entity; (3) post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including without limitation privacy and publicity) of others; (4) violate the copyright, trademark, or other intellectual property rights of any other person or entity; (5) upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer; (6) improperly assume or claim the identity, characteristics, or qualifications of another person or post anything using a user name other than the one assigned to you; (7) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted through the service; (8) conduct or forward surveys, contests, pyramid schemes, or chain letters; (9) except as otherwise authorized, use the Site for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations; (10) harvest or otherwise collect information about others, including without limitation email addresses, without their consent; (11) post messages for the purpose of spamming; (12) attempt to gain access to any portion of this Site, any computer, server, account, network, software, or hardware associated with this Site, from which you are restricted; (13) violate any applicable laws or regulations; (14) harm minors in any way.
WHISPERFRESH is not obligated to monitor the communication services contained on the Site. However, WHISPERFRESH may, at its sole discretion, edit, decline to post, or remove any information or materials or any portion thereof.
Any materials you post through the communication services on the Site may not be private communications, and you acknowledge that these may be read by others without your knowledge. Because WHISPERFRESH does not endorse or control the content found in these services, IT MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY OR RELIABILITY OF ANY SUCH CONTENT. The views expressed through postings to the communications services do not necessarily reflect those of WHISPERFRESH.
While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own internet service provider as well as prevailing standards of acceptable internet use and behavior. Except as otherwise specifically permitted, you may not use the Site, name, trademarks, or other intellectual property of WHISPERFRESH in conjunction with sending of unsolicited email, or cause to be used WHISPERFRESH ’s equipment, network connectivity or other resources to originate, deliver, relay, or otherwise transmit unsolicited emailed messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that WHISPERFRESH’s network addresses or services are in any way identified as being associated with the sending of unsolicited mail. Incidents of “spamming” or similar inappropriate behavior should be reported to us.
Notification and Procedure for Making Claims of Copyright Infringement
It is WHISPERFRESH’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. You may notify WHISPERFRESH if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with Title 17, United States Code, Section 512(c)(2), WHISPERFRESH has designated a Copyright Agent to receive any such notification. The complete details of providing such notification to WHISPERFRESH’s Copyright Agent are located on our Web Site.
How we may use information you provide to us
Any feedback, data, answers, reviews questions, opinions, advice, statement, recommendation, comments, suggestions, ideas, or the like (“Posts”) which you send to WHISPERFRESH will be treated as non-confidential and nonproprietary and you agree that any such information you choose to provide may be reproduced, used, and distributed by WHISPERFRESH for any purpose without restriction. You are solely responsible for your Posts.
License to WHISPERFRESH
You shall solely be responsible for your own user submissions and the consequences of posting and publishing them. In connection with the user submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize WHISPERFRESH to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the Site and these Terms of Service. In addition, you are granting WHISPERFRESH a perpetual, royalty-free, irrevocable, nonexclusive, transferable, fully paid, and fully sublicensable worldwide right and license to publish such content, and to store, translate, distribute, copy, display, perform, modify or otherwise use the content for any purpose whatsoever, including, but not limited to marketing or advertising materials, and to exercise all copyright and rights of publicity over the material displayed in the Posts, in any existing or future media, now known or later developed. You also waive any “moral rights” or rights of attribution or integrity in such content. You also grant WHISPERFRESH, its affiliates and sublicensees the right to use your screen name, login name or any identifying information that you submit with your Posts. You agree that this license includes a right for WHISPERFRESH to make such content available to other companies, organizations or individuals with whom WHISPERFRESH has relationships for the provision of syndicated services, and to use such content in connection with the provisions of those services. You understand that WHISPERFRESH , in performing the required technical steps to provide services to its users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit WHISPERFRESH to take those actions. No compensation will be paid for WHISPERFRESH’s use of the materials you post.
All product and service marks contained herein that are not WHISPERFRESH marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.
Disclaimer of Warranties/Limitation of Liability
ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WHISPERFRESH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WHISPERFRESH MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
No claim may be made against WHISPERFRESH unless suit is filed thereon within one (1) year after the event giving rise to the claim.
IN NO EVENT SHALL WHISPERFRESH BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SITE OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE SITE.
The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. If any action is necessary to enforce or interpret the terms of this Agreement, WHISPERFRESH , if determined to be the prevailing party in accordance with applicable case law in Kentucky shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements from you in addition to any other relief to which WHISPERFRESH shall be entitled.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE ASSOCIATED SERVICES OR PRODUCTS, YOUR SOLE REMEDY IS TO CEASE USING THEM.
The Site is operated from a location in the State of Kentucky, United States of America. We make no representation
that materials found at our Sites are appropriate or available for use in other locations. If you access our Site from other locations, you are responsible for compliance with local laws.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this Agreement.
You agree to defend, indemnify, and hold harmless WHISPERFRESH and its employees, agents, directors, officers, and shareholders from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorney’s fees and costs) arising out of your use of the services, your breach or alleged breach of this Agreement, and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.
WHISPERFRESH reserves the right to terminate your access to the Site or to any or all of the services at any time without notice for any reason whatsoever.