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Terms and Conditions
AGREEMENT BETWEEN USER AND WHATSUP247.COM.

Welcome to whatsup247.com. The whatsup247.com website (the “Site”) is comprised of various web pages operated by What’s Up 24/7, Inc. (“What’s Up 24/7”). www.whatsup247.com is offered to you conditioned to your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.whatsup247.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.whatsup247.com is a News and Information Site. The purpose for What’s Up 24/7 is to provide the ability for communities (and the events coordinated within those communities) to be effectively publicized to one another and to those who simply wish to know ‘what there is to do around here’. By developing what we refer to as a “Borderless Community”, What’s Up 24/7 is providing an exciting new centralized location for everyone who’s ever what something to do... and didn’t know where to find it.

PRIVACY.

Your use of whatsup247.com is subject to What’s Up 24/7’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS.

Visiting whatsup247.com or sending emails to What’s Up 24/7 constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You man not assign or otherwise transfer your account to any other person or entity. You acknowledge that What’s Up 24/7 in not responsible for third party access to your account that results from theft or misappropriation of your account. What’s Up 24/7 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

What’s Up 24/7 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use whatsup247.com only with permission of a parent or guardian.

CANCELLATION POLICY.

You may cancel your membership at anytime. Your personal information will be deleted from our database upon cancellation. Please contact us at cancel@whatsup247.com with any questions.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES.

whatsup247.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of of What’s Up 24/7 and What’s Up 24/7 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. What’s Up 24/7 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by What’s Up 24/7 of the site or any association with it operators.

Certain services made available via whatsup247.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the whatsup247.com domain, you hereby acknowledge and consent that What’s Up 24/7 may share such information and data with any third party with whom What’s Up 24/7 has a contractual relationship to provide the requested product, service or functionality on behalf of whatsup247.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY.

You are granted a non-exclusive a non-exclusive, non-transferable, revocable license to access and use whatsup247.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to What’s Up 24/7 that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of What’s Up 24/7 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. What’s Up 24/7 content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not deleter or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of What’s Up 24/7 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you licenses, express or implied, to the intellectual property of What’s Up 24/7 or our licensors except as expressly authorized by these Terms.

USE OF COMMUNICATION SERVICES.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of anothers computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

What’s Up 24/7 has no obligation to monitor the Communication Services. However, What’s Up 24/7 reserves the rights to review materials posted to a Communication Service and to remove any materials in its sole discretion. What’s Up 24/7 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

What’s Up 24/7 reserves the right at all time to disclose any information as necessary to satisfy an y applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in What’s Up 24/7 sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. What’s Up 24/7 does not control or endorse the content, messages or information found in any Communication Service and, therefore, What’s Up 24/7 specially disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized What’s Up 24/7 spokespersons, and their views do not necessarily reflect those of What’s Up 24/7.

Materials uploaded to the Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO OR POSTED ON WHATSUP247.COM.

What’s Up 24/7 does not claim ownership of the materials you provide to whatsup247.com (including feedback and suggestions) or post, upload, input or submit to any What’s Up 24/7 Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting What’s Up 24/7, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. What’s Up 24/7 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in What’s Up 24/7’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

THIRD PARTY ACCOUNTS.

You will be able to connect your What’s Up 24/7 account to third party accounts. By connecting you What’s Up 24/7 account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS.

The Service is controlled, operated and administered by What’s Up 24/7 from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the What’s Up 24/7 Content accessed through whatsup247.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION.

You agree to indemnify, defend and hold harmless What’s Up 24/7, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. What’s Up 24/7 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with What’s Up 24/7 in asserting any available defense.

LIABILITY DISCLAIMER.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OUR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHAT’S UP 24/7 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WHAT’S UP 24/7 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHAT’S UP 24/7 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHAT’S UP 24/7 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHAT’S UP 24/7 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION.

What’s Up 24/7 reserves the right, in its sole discretion, to terminate your access to the Site and the related service or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and What’s Up 24/7 as a result of this agreement or use of the Site. What’s Up 24/7’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of What’s Up 24/7’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by What’s Up 24/7 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and What’s Up 24/7 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and What’s Up 24/7 with respect to the Site. A printed version of this agreement and of any notice give in electronic form shall be admissible in judicial or administrative proceeding based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in the printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS.

What’s Up 24/7 reserves the right, in its sole discretion, to change the Terms under which whatsup247.com is offered. The most current version of the Terms will supersede all previous versions. What’s Up 24/7 encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US.

What’s Up 24/7 welcomes your questions or comments regarding the Terms:

Corporate Address
What’s Up 24/7 Inc.
301 North Harrison Street
Alexandria, IN 46001

Office Address
What’s Up 24/7 Inc.
214 East Church Street
Alexandria, Indiana 46001

Email Address:
info@whatsup247.com

Telephone number:
765-356-5656

Effective as of December 04, 2011

 
 
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