A lot of people skip over Terms and Conditions because they think it will be dry and boilerplate. You really should read our entire Terms and Conditions. But there’s a couple of things in particular you should know.
Okay, now on to the fun stuff!
Terms and Conditions for Using Whibse.com
Whibse Terms and Conditions
These Terms and Conditions (the "Terms and Conditions") govern your use of the Website, your receipt of any services through the Website, subject to the provisions of Section 14.0. These Terms and Conditions constitute an agreement between you and Whibse and impose legal obligations upon you. By accessing our Website, you are acknowledging that you have read and understood these Terms and Conditions and agree to be legally bound by them.
2.0 Conditions on Participation.
You may use the Website only if: (i) your use of the Website will not violate any law in any applicable jurisdiction, or facilitate the sending of “spam” or unsolicited email to domain name registrants; (ii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Website; and (iii) you agree to be bound by and abide by all of the provisions of these Terms and Conditions.
3.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data.
The Website is made available solely as a convenience to you for general informational purposes for your internal use, subject at all times to these Terms and Conditions. Unless otherwise noted, all right, title and interest in the Website, and information made available in the Website ("Information"), in all languages, formats and media throughout the world, including all copyrights and trademarks, trade secrets and/or proprietary information therein, are and shall continue to be the exclusive property of Whibse, its subsidiaries, affiliates or licensors, or used under principles of "fair use."
Other than connecting to the Website by http request using a web browser, you may not attempt to access Whibse's servers or the Website by any means. You are not authorized to access or query the Website through the use of electronic processes that are high-volume and automated. In particular, you are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to Whibse's servers or the Website. You may not use the Website to compile data for use by any commercial entity.
Certain materials may be made available for download from the Website. Subject to these Terms and Conditions, Whibse grants you permission to download and copy such materials solely for your internal use. Without limiting any other right or remedy available to Whibse, at law or in equity, the permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event you must destroy immediately all downloaded materials in your possession, custody or control.
4.0 Disclaimer regarding Content.
Whibse cannot and does not guarantee that the Information (including information obtained from third parties) is accurate, reliable, current, complete or appropriate for your needs. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness, results obtained from use, or correct sequencing of the Information, is not and cannot be guaranteed by Whibse or by any third parties creating or transmitting such Information.
5.0 Disclaimer regarding Links and other Third Party Content.
From time to time, the Website may provide you with the ability to access certain content from third parties, including but not limited to Registrars and Registries. When you access such third party content, YOU PROCEED AT YOUR OWN RISK. Whibse does not guarantee that it will screen such content or that such content will be accurate, free from errors, consistent with what it purports to be or appropriate to fit your needs. You agree that Whibse shall not be held liable for any activities that occur on any website you access through links on the Website. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.
6.0 Information You Download.
Whibse cannot and does not guarantee or warrant that information that may be available for downloading through the Whibse Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of information input and output, and for maintaining a means external to Whibse for the reconstruction of any lost information.
7.0 Complaints Over Perceived Infringement.
Whibse respects intellectual property rights and will use efforts that are commercially reasonable in light of our resources to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works. If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a "Work"), you must direct your concerns to our legal department: Email: firstname.lastname@example.org
8.0 No Advice or Solicitation.
The Information is for informational purposes only and should not be used or construed as an approval, endorsement, or recommendation of any product or company by Whibse, its subsidiaries, affiliates, officers, directors, employees or agents. You acknowledge and agree that the use of the Website and Information, and any decisions made in reliance upon the Website and Information, are made at your own risk.
9.0 Disclaimer of Warranties and Limitation of Liability.
You agree that neither Whibse, its subsidiaries, affiliates, officers, directors, employees, agents or representatives shall have any liability, contingent or otherwise, for the truthfulness or accuracy of the Website or the truthfulness, accuracy, timeliness, completeness or correct sequencing of the Information, or for any decision made or action taken by you in reliance upon such Information or the Website, or for any other aspect of the Information or Website.
THE WEBSITE AND INFORMATION ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICES (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS). YOU RECOGNIZE THAT THE ACCURACY OF THE INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL WHIBSE BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF WHIBSE HAS BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
You acknowledge that documents posted to and content available at the Website may contain computer viruses. Should you download any such materials from the Website, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WHIBSE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR SITE.
You agree to indemnify and hold harmless Whibse, its subsidiaries, affiliates and their respective officers, directors, employees, agents and representatives from and against any and all claims, losses, liability, costs and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the Website or the Information, and/or your violation of these Terms and Conditions or any third party's rights, including but not limited to copyright, proprietary and privacy rights.
11.0 Modification and Termination of Website; Modification of Terms and Conditions.
Notwithstanding any provision in these Terms and Conditions, Whibse reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) this Website, (ii) any particular services made available via the Website, or (iii) these Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.
12.0 Personal Data.
13.0 Force Majeure.
In addition to applicable disclaimers stated above, Whibse's performance under these Terms and Conditions shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.
14.0 Entire Agreement.
16.0 Choice of Law; Choice of Forum.
These Terms and Conditions shall not be assignable by you, either in whole or in part. Whibse reserves the right to assign its rights and obligations under these Terms and Conditions.
Sections 1 (Agreement), 3 (Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data), 4 (Disclaimer regarding Content), 5 (Disclaimer regarding Links and Other Third Party Content), 6 (Information you Download), 8 (No Advice or Solicitation), 9 (Disclaimer of Warranties and Limitation of Liability), 10 (Indemnification), 13 (Force Majeure), 14 (Entire Agreement), 15 (Severability), 16 (Choice of Law; Choice of Forum), 17 (Assignment), and this Section 18 of these Terms and Conditions shall survive the termination of these Terms and Conditions and shall apply indefinitely.
19.0 Your Consent.
By using our Website, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, you are not authorized to visit our Website.
20.0 Credit / Debit Card Payments.
We do not store credit card details nor do we share customer details with any 3rd parties. All credit card payments for Whibse's Product Subscription Service are processed by Stripe and are subject to Stripe's separate Term and Conditions.
2.0 Scope of Policy.
3.0 What Information We Collect and Use.
Whibse collects (1) personally identifiable information you knowingly provide to us, and (2) general information concerning users gathered at different points on our Website that does not include personally identifiable information:
3.1. Personally Identifiable Information You Provide to Us: In order to subscribe to certain Whibse products and services offered on this Website, we require that you complete a registration form providing certain contact information, such as name, address, email address, telephone number, company name, and other basic contact information.
3.2. Non-Personally Identifiable Information We Collect: Whibse may use "cookies" to collect information about how our Website is used. The types of information collected may include: your IP address; a unique identifier assigned to your workstation; the page from which the cookie was initially installed; the time and date of initial visit; the time and date of subsequent visits; and the cookie expiration date.
4.0 What We Do with Information We Collect and Use.
Whibse uses the information collected via this Website to communicate with you and to provide you with products, services or information that you have requested. If you provide your consent when your personal information is collected via this Website, we may also provide you with additional information, special offers and promotions. We also use information in an aggregate form (so that no individual user is identified) to build up marketing profiles, to aid strategic development, to manage our relationship with advertisers and to audit the usage of the Website.
In general, except as provided in this policy, we will not disclose your personally identifiable information to unaffiliated third parties without your express consent. There are, however, some limited circumstances in which we may need to disclose personally identifiable information about a user, including, but not limited to, the circumstances set forth below:
4.1. Imminent Harm: We may reveal your personally identifiable information to attorneys, private investigators or law enforcement agencies if we believe that you are harming or interfering (or may imminently harm or interfere) with Whibse, other Whibse users or anyone else, or violating (either intentionally or unintentionally) our Terms and Conditions of Use or infringing on any of Whibse's legal rights.
4.2. Legal: Whibse may reveal your personally identifiable information, to the extent we reasonably believe we are required to do so by law.
4.3. Transfer of Website: Whibse shall be entitled to transfer to a third party information it collects, including any personally identifiable information, in connection with a sale of all or substantially all of its assets.
5.0 Security of Personally Identifiable Information.
Whibse has in place security systems reasonably designed to prevent unauthorized disclosure of information you provide to us. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and disclaim assurance that the information you provide to us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
Persons under the age of eighteen (18) are not permitted to register for any Whibse service and Whibse does not knowingly collect, either online or offline, personally identifiable information from persons under the age of eighteen (18). If we learn that a child under eighteen (18) has provided us with personally identifiable information, we will delete this information from our databases, subject to any limitations on our ability to do so, as described in Section 5.0 above.
8.0 Relationship to Terms and Conditions.
9.0 Transfer of Personally Identifiable Information to Other Countries.
This Website is operated by Whibse in the US. If you are located outside of the US, your personally identifiable information will be transferred to the US. By using this Website and/or any product/service offered herein, you hereby consent to such transfer.
10.0 Your Consent.
11.0 Contact Us.
You may contact us by email at email@example.com.