WHO NEW TERMS OF SERVICE

To become a member of Who New, you must read and accept our Terms of Service.

WHO NEW TERMS OF SERVICE

Welcome to www.whonew.com, an online dating service for adults operated by Who New LLC (“Who New”). By using the Who New web site (the “Web site” or the "Site") you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member (“Member”). If you wish to become a Member and to make use of the Who New service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by Who New from time to time, such modifications to be effective upon posting by Who New on the Web site.  If you are a Member, you will be notified by email of changes to this Agreement at the email address you provide in your application for membership, or such other email address as you may later provide to Who New (your "Currently Registered Email Address").   You can also receive a copy of this Agreement by emailing us at: CustomerService@whonew.com, Subject: Terms of Use Agreement.

1. Eligibility - You must be eighteen or over to register as a member of Who New or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term - This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign page in the Your Account section of the Web site, or upon receipt by Who New of your email notice of termination, sent from your Currently Registered Email Address. Who New may terminate your membership for any reason, effective upon sending notice to you at your Currently Registered Email Address.  In addition, Who New may suspend access to the Site and the Service of any user, whether a Member or not, that Who New deems to be behaving in ways that are harmful to the Site, the Service, or other Who New users.  If Who New terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated or access is suspended, certain provisions of this Agreement will remain in effect, including Sections 7, 8, 9, 11 and 12.
3. Individual, Non-Commercial Use - The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Who New reserves the right to investigate and take action it deems appropriate against illegal and/or unauthorized uses of the Web site - including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site.  Such action includes, without limitation, civil, criminal, and injunctive redress.
4. Online Conduct - You agree that you are solely responsible for your behavior on the Site and for the content or information you publish or display (hereinafter, "post") on the Who New Service, or transmit to other Who New Members.  You further agree that you will not:
   1. impersonate any person or entity, including, but not limited to, a Who New official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   2. express or imply that any statements you make are endorsed by Who New, without our specific prior written consent;
   3. post on the Who New Service, or transmit to other Who New Members or employees, or upload to the Who New Site, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
   4. include in your personal profile or comments on friends any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where you are specifically asked for it in the Web site.
   5. include in your profile or communications to Who New Members any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Who New reserves the right, but has no obligation, to reject any profile, message or photo that does not comply with these prohibitions;
   6. "stalk" or otherwise harass any person;
   7. harm minors in any way;
   8. collect, download, or store personal data, including photographs, of Who New Members, except in the normal course of using the Service;
   9. post, distribute or reproduce in any way any personal data, including photographs, of Who New Members.
   10. upload, post, email, transmit or otherwise make available any Content protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party without obtaining the prior consent of the owner of such proprietary rights;
   11. remove any copyright, trademark or other proprietary rights notices contained in the Site;
   12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
   13. interfere with or disrupt the Services or the Site or the servers or networks Connected to the Services or the Site;
   14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   15. engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Who New Members. For protection of Members against such conduct, Who New has imposed a 30 message-per-day limit on subscribers.
   16. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
   17. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   18. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
   19. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   20. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
5. Copyright - Who New may, in appropriate circumstances and at its discretion, terminate membership and/or suspend access of users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send an email detailing your concerns to copyright@whonew.com .
6. Privacy - Use of the Web site and/or the Service is also governed by our Privacy Policy
7. Disclaimer - Who New is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Who New is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Who New assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Who New is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Who New be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Who New expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Who New cannot guarantee and does not promise any specific results from use of the Web site and/or the Service
8. Limitation on Liability - Except in jurisdictions where such provisions are restricted, in no event will Who New be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Who New has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Who New’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Who New for the Service during the term of membership.
9. Indemnity - You agree to indemnify and hold Who New, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another Who New user.
10. Member Disputes - You are solely responsible for your interactions with other Who New Members. Who New reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members.
11. Disputes - If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to any choice of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.
12. International Use - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Violations - Please report any violations of these Terms of Service to CustomerService@whonew.com Subject: Terms of Service Violation.

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