Last updated: September 15, 2008
THEWHINING.COM Terms of Use
THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING THEWHINING.COM. PLEASE READ THEM CAREFULLY BEFORE YOU USE THEWHINING.COM.
Acceptance of Terms. Your use of the Site and linked Applications is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement.
The Terms of Use may be updated or modified without advance notice via posting a revised Terms of Use to this website. Visitors to the Site and linked Applications can determine whether the Terms of Use has been modified since your last visit by checking the "Last updated" legend at the top of the Agreement. By accessing and or using the Site and linked Applications signify that you have read, understand and agree to be bound by these current Terms of Use ("Terms of Use" or "Agreement").
You may be denied service at any time, including, in the event you do not adhere to the Terms of Use which includes the Community Rules set forth below. To be very very clear - this also means your comments or posts could be deleted or denied at any time without reason or notice.
Purpose of the Site and linked Applications; About THEWHINING.COM. THEWHINING.COM is currently a privately owned site dedicated to serving as a community platform, allowing users to share with other users their complaints/whinging/whining about almost any topic, whilst respecting others and their rights.
Site and Community Rules. We have adopted the "Community Rules" set forth below to create a forum where information and progressive views can be shared in a productive way. While using the Site and linked Applications, you agree to adhere to the Site and linked Applications Community Rules below.
You agree:
- That the content of the pages of this website is for your general information and use only. It is subject to change without notice.
- That neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- That your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- That this website contains material which is property of or licensed to the Owner(s) of the Site. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- That all trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- That the unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- That from time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- That you are responsible for what you write, and we will store your IP address in our systems to be able to track you in case of abuse.
- To respect other Visitors and Contributors - please do not threaten, insult, abuse, intimidate or harass anyone in your posts.
- To use the Site and linked Applications for your personal use only. Posting entries solely to promote your business/product or another business/product are not allowed.
- To allow the Site try to locate the country/city where you are while you visit the Site and store this information for the purposes or historical trends. This information is acquired through a public API provided by Google TM (www.google.com).
- To allow the Owner(s) of this Site (current and future) to use your supplied details for marketing purposes. Your information will not be supplied in any way to any third parties.
- To receive emails containing news, promotions, special offers, or any other information. You are able to cease correspondence by unsubscribing.
- That we may use the information to improve our products and services.
- That we may use your information to customise the website according to your interests.
- That the information contained in this website is for general information purposes only. The information is provided by THEWHINING.COM and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- That in no event we will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- That through this website you are able to link to other websites which are not under the control of THEWHINING.COM. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- That every effort is made to keep the website up and running. However, THEWHINING.COM takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- Post any private information, or otherwise harvest, collect or disclose information, about another Visitor or Contributor without his or her express consent.
- Post any content to the Site and linked Applications that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups.
- Post any death threats.
- Post any content to the Site and linked Applications that infringes any third-party's intellectual property or other rights.
- Use the Site and linked Applications for any unlawful purpose, or transmit or otherwise make available in connection with the Site and linked Applications any material that would give rise to criminal or civil liability.
- Use the Site and linked Applications for advertisements, chain letters, "spamming," survey solicitations, junk mail or solicitations.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Imply that THEWHINING.COM endorses any of your statements or positions.
- Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Site and linked Applications, or otherwise "hack" or deface any portion of the Site and linked Applications.
- Frame or mirror any part of the Site and linked Applications without the prior written authorization from the Owner(s).
You acknowledge that THEWHINING.COM has the right, but not the obligation, to modify or remove, any Submissions that violate the Community Rules or that otherwise violate the Terms of Use.
Privacy Policy: THEWHINING.COM respects the privacy of its Site and linked Applications Visitors and Contributors. As described previously, the Owner(s) of this Site (current and future) can use your details for marketing purpose, without revealing any private details of your profile, posted by yourself. That means you may receive some promotional emails in the future, but you will be able to stop them whenever you want or unsubscribe completely from the system.
Contributors and Visitors leaving comments are strongly reminded that any personal information they provide as a part of a post, comment, user name or any other mode of transmitting information via the Site and linked Applications is freely available and visible to the entire world.
Your Additional Representations and Warranties. You represent and warrant to THEWHINING.COM that (a) you have full power and authority to enter into this Terms of Use; (b) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignments granted herein without obtaining any further releases or consents; (c) your Submissions do not violate, infringe or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory; and (d) you are eighteen years of age or older. If you are under 18 years of age, your parent or legal guardian must submit your Submissions on your behalf.
Disclaimers. THE SITE AND ANY LINKED APPLICATIONS IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND LINKED APPLICATIONS, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY LINKED APPLICATIONS.
The Site and linked Applications may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including the Community Rules above). Additionally, the possibility exists that a third party could make unauthorized alterations to the Site and linked Applications. Although attempts are made to ensure the integrity of the Site and linked Applications, there are no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site and linked Applications's completeness or correctness is in question, please contact info@thewhining.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site and linked Applications, as well as information sufficient to enable us to contact you.
Claims of Copyright Infringement. If you believe in good faith that materials hosted by THEWHINING.COM infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices with respect to the Site and linked Applications should be sent by email: info@thewhining.com.
Questions. If you have any questions or feedback about these Terms of Use or the Site and linked Applications, contact info@thewhining.com.
If you have found any area of the website which breaches this agreement, contact info@thewhining.com stating details of the breech. That is, full URL to the breech and a description. Additionally, please provide satisfactory details such that the Owner(s) can respond to your request.