TERMS AND CONDITIONS OF USE

 

A. ABOUT WHIRRU:

Welcome. Whirru (“WHIRRU”, “us”, “we”, or “our”) is the owner and operator of Whirru.com (“Website”). Our goal is to help professional singles with common interests connect by allowing them to meet for the purposes of attending functions, performing activities together, or merely socializing. We do this through our Website and domain, by hosting access to our Website, through the Services available on or through our Website and domain, or otherwise provided by us via. a subscription profile-based account interface ("Services"). The following explains our Terms and Conditions of Use (“Terms”). Please carefully read these Terms before using or obtaining any material or Services through or from our Website. By accessing or using our Website, data, account, content, materials, information, or Services, including any subscription feature of or through our Website, you (“Subscriber”, “you”, or “your”) expressly agree to be bound by our Terms.

 

We encourage you to regularly review these Terms as they may change from time to time.

 

B. TERMS AND CONDITIONS OF USE:

1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE. Your use of our Services constitutes your acceptance of the Terms set forth below and our Privacy Policy, which can be found on our Website. If you do not agree with our Terms or Privacy Policy, we will be unable to provide you with Services.

 

2. ELIGIBILITY. You must be at least eighteen (18) years of age a register as a Subscriber of Whirru.com. By using the Services, you consent to these Terms and agree to abide by the Terms at all times.

 

3. PROPER USE OF SERVICES; TERMINATION FOR IMPROPER USE.

 

(a) IN GENERAL. Your account and subscription remain active until deleted by you or terminated by us. Failure to comply with any aspect of these Terms may result in the termination of your subscription with WHIRRU.

 

(b) RULES OF ENGAGEMENT. By using our Services, including posting (hereinafter defined) content or Information in any way, you explicitly agree to abide by not only the Terms and our Privacy Policy but also our Rules of Engagement, which can be found here and are subject to modification.

 

(c) IMPROPER DISTRIBUTION OF INFORMATION. The content transmitted by our Services is only for your personal, non-commercial use and may not be distributed to others. For purposes of this Paragraph, “distributed” means printing,

modifying, copying, transmitting electronically, displaying, selling, licensing, or creating derivative works from such content, or using such content for commercial purposes.

 

(d) INACCURATE OR OUTDATED PERSONAL DATA. You must ensure that all information provided to us is up-to-date and accurate. Failure to update and correct inaccurate (or outdated) information will result in the immediate termination of Services. You may find the specific details regarding your subscription with WHIRRU by signing into your account. You agree that if you share, post, disclose, or otherwise disseminate personally identifiable information (“Personal Data”) such as your name or email address to sources other than us, we shall have no liability relating to your dissemination of that Personal Data.

 

(e) INFRINGEMENT OF INTELLECTUAL PROPERTY. The trademarks, logos, and Services marks (“Marks”) disseminated through our Services are the property either of WHIRRU or of other parties. You are prohibited from using any Mark for any purpose (including metatags on other pages or sites on the World Wide Web) and without the written permission of WHIRRU or such other party that may own the Marks.

 

(f) OTHER ILLEGAL AND HARMFUL PURPOSES. Your use of our Website and Services cannot be used for any illegal or harmful purpose, or other uses that cause (or likely will cause) harm to any person, Subscriber, or the business reputation of WHIRRU as determined by us in our sole discretion.

 

(g) DISPUTES BETWEEN SUBSCRIBERS. We have the right but not the obligation to monitor disputes between you and any other Subscriber.

 

4. DURATION OF SUBSCRIPTION. Your subscription to our Services is ongoing and continues until you cancel your subscription or it is terminated by us.

 

5. SUBSCRIBER’S RIGHT TO CANCELLATION. You have the right to cancel your subscription at any time and for any reason, and such cancellation will be effective within a commercially reasonable time after we receive notification of your desire to cancel your subscription. Additional information on how to cancel your subscription may be found after logging into your registered account through our Website.

 

6. WHIRRU’S RIGHT TO TERMINATION. WHIRRU retains the right (without notice) to terminate, restrict, or suspend your Services (and/or use of our Website) at any time and in its sole discretion for any reason or no reason. Failure to comply with these Terms and with our Privacy Policy constitutes a breach of these Terms. However, failure to act upon a breach of you (or other Subscribers) does not waive our right to act upon subsequent or similar breaches.

 

7. INFORMATION ON OUR WEBSITE

(a) BY US. All content and Services on our Website, or obtained from a Linked Site (defined below) are provided to you “AS IS” without warranty of any kind either

express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. Our Website contains the copyrighted material, trademarks, and other proprietary information. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information without written consent from us, unless such information is in the public domain.

 

(b) LINKED SITES. Our Services may link to other sites by allowing you to leave our Services to access third-party material or by bringing third-party material into this Website via. “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers and is intended for your convenience. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

 

(c) POSTED BY YOU. You are solely responsible for the Information (hereinafter defined) that you publish, transmit, communicate, or display (“post”) on, by, or through the Services, or transmit to other Subscribers (via email, message, “Rate the Date” feedback, blog comments, or by any other method). You understand and agree that we can delete any content, messages, photos, profiles, ratings, or anything relating to our Services (together, “Information”), in our sole and exclusive judgment. You also agree that by posting Information anywhere within, on or using our Services, you automatically grant to us an irrevocable and perpetual non-exclusive license to use, copy, and distribute such Information in any way and to prepare derivative or collaborative works of such Information of any kind, as well as authorize us to sublicense any of the aforementioned Information. You also represent and warrant that any posting or use of your Information by us will not infringe or violate rights of any third party.

 

(d) POSTED BY SUBSCRIBERS OR OTHERS. We do not endorse and are not responsible for (a) the Information provided by other Subscribers (b) the accuracy or reliability of an opinion, advice or statement made through our Services by any party other than us, (c) any Information provided on Linked Sites or (d) the capabilities or reliability of any product or Services obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on any information, product, or Services obtained through our Website, Services, or a Linked Site.

 

8. USE OF OUR WEBSITE. Your use of any information or materials from our Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that the information available through our Services is accurate.

 

9. DISCLAIMERS.

(a) You are solely responsible for your interactions with other Subscribers. You understand that we do not currently, but may and reserve the right to, conduct criminal background checks or other screenings on our Subscribers or inquire into the backgrounds of subscribers.

 

(b) You understand and agree that we shall in no event be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to your conduct or the conduct of anyone else related to the use of our Services or from communications or interactions or encounters with other Subscribers or persons that you meet or may meet through or by using our Services. You agree to take all precautions of an ordinary and reasonable person in all of your encounters or interactions with other Subscribers or any persons you may meet or interact with as a result of our Services. You also agree to review our “Safety Tips” found here prior to using our Services.

 

(c) We are not responsible for the actions of any person who may use or subscribe to our Services towards you or any other person, place, or thing.

 

10. LIMITATION ON LIABILITY FOR ACCOUNT SECURITY.

(a) IN GENERAL. It is your obligation to use ordinary prudence to maintain and control the security over your account (including the security of your username and password). You are exclusively responsible for all activities that occur in connection with your username and password.

 

(b) UNAUTHORIZED USE. You agree to immediately notify WHIRRU of any unauthorized uses of your username and password or any other breaches of security. It is your responsibility to inform us should you believe you are the victim of identity theft or other unauthorized access to your account. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft.

 

(c) LIMITATIONS. WHIRRU will not be liable for any loss (or damages of any kind) and under any legal theory, where (1) caused by your failure to comply with the foregoing, or (2) caused by any person to whom you grant access to your account, or (3) caused by hackers or computer viruses (including worms and malware) and beyond the reasonable control and ordinary care of WHIRRU.

 

11. SUBSCRIBERS ARE CUSTOMERS ONLY. Our Terms are not intended to and do not create an agency relationship, joint venture, or partnership for any purpose. Our Subscribers are customers only.

 

12. DISPUTE RESOLUTION. In the event that any dispute arises with respect to these Terms, upon the election of WHIRRU in its sole discretion, such dispute shall be resolved by binding arbitration in Prince George’s County, Maryland, and at our option, before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State and Federal courts having jurisdiction over Prince George’s County, Maryland. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or your use of our Services. WHIRRU and Subscriber jointly and voluntarily agree and consent to be bound to jurisdiction of and venue selection in Prince George’s County, Maryland whether either arbitration or litigation arises between WHIRRU and any Subscriber.

 

13. INDEMNIFICATION. You agree to indemnify, defend and hold harmless WHIRRU, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: any accidental or improper disclosure of Personal Data by us; these Terms; your use, misuse, or inability to use our Services; and any violation by you of these Terms or our Privacy Policy.

 

14. LIMITATION OF LIABILITY GENERALLY. WHIRRU shall not be liable for any incidental, indirect, special, collateral, consequential, exemplary, or punitive damages, or lost profits resulting from or arising out of, under, or relating to: a breach of warranty; any accidental or improper disclosure of Personal Data by us; these Terms; your use, misuse, or inability to use our Services; and any violation by you of these Terms or our Privacy Policy. You expressly agree that in no event shall WHIRRU be liable to you or any other person for any amounts or damages which exceed the subscription price paid by you to us for use and access to our Services over the six (6) months prior to the initiation of an arbitration action, legal proceeding, or informal customer Services complaint by you or us.

 

15. CHOICE OF LAW. Our Terms are governed by the laws of Maryland and of the United States of America, and without regard to conflicts of law principles.

 

16. SEVERABILITY. If any provision in our Terms is deemed invalid or unenforceable, then the offending provision shall be judicially stricken without affecting the validity and enforceability of other provisions.

 

 

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