Whisqr Site Terms
Welcome to the Whisqr Site; provided to you subject to the following terms of use (“Site Terms”). By visiting the Whisqr Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future Whisqr services, content or other materials, you also will be subject to the Whisqr Business Subscription Terms or other agreement governing your use of our services (the “Agreement”).
PRIVACY
Please review our Privacy Policy; which also governs your visit to the Whisqr Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Whisqr Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Whisqr Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the Whisqr Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Whisqr or its content suppliers and protected by United States and international copyright laws. All software used on the Whisqr Site is the property of Whisqr or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
“Whisqr” and other Whisqr graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade names of Whisqr in Canada, the U.S. and/or other countries. Whisqr’s trademarks and trade names may not be used in connection with any product or service that is not Whisqr’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whisqr. All other trademarks not owned by Whisqr that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Whisqr.
LICENSE AND SITE ACCESS
Whisqr grants you a limited license to access and make personal use of the Whisqr Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Whisqr. This license does not include any resale or commercial use of the Whisqr Site or its contents; any derivative use of the Whisqr Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Whisqr in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Whisqr Site is subject to these Site Terms or, if you have an Whisqr account, the Agreement.
The Whisqr Site or any portion of the Whisqr Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Whisqr. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Whisqr without express written consent. You may not use any meta tags or any other “hidden text” utilizing Whisqr’s name or trademarks without the express written consent of Whisqr. Any unauthorized use terminates the permission or license granted by Whisqr. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Whisqr Site, so long as the link does not portray Whisqr, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Whisqr logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use the Whisqr Site, you are responsible for maintaining the confidentiality of your Whisqr 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. Whisqr reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Whisqr reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Whisqr a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Whisqr and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Whisqr Site. You acknowledge that (a) Whisqr has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Whisqr for all claims resulting from content you supply. Whisqr has the right but not the obligation to monitor and edit or remove any activity or content. Whisqr takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Whisqr respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WHISQR SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WHISQR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. WHISQR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WHISQR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHISQR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHISQR DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WHISQR SITE; ITS SERVERS; OR E-MAIL SENT FROM WHISQR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHISQR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WHISQR SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WHISQR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE WHISQR DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE WHISQR APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the Whisqr Site, you agree that the Whisqr of Canada, without regard to principles of conflict of Whisqr, will govern these Site Terms and any dispute of any sort that might arise between you and Whisqr.
DISPUTES
Any dispute relating in any way to your visit to the Whisqr Site or to services provided by Whisqr or through the Whisqr Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds USD $7,500 shall be adjudicated in any provincial or federal court in British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies on the Whisqr Site. These policies also govern your visit to the Whisqr Site. We reserve the right to make changes to the Whisqr Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Whisqr 33 Manzanita Rd. Galiano Island, BC, Canada V0N 1P0 https://blanc.whisqr.com
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Whisqr that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Whisqr’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent/Whisqr 33 Manzanita Rd. Galiano Island, BC, Canada V0N 1P0 email: copyright@whisqr.com