WillHeCall.com

Terms of Use Agreement

30th November 2006

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for use of WillHeCall.com (“WillHeCall.com” “WillHeCall.co.uk” or “WillHeCall” or the “WillHeCall website”). (“We/ Us” refers to the proprietors of “WillHeCall” and the authors of this Agreement). By using WillHeCall, You (“You” refers to You the reader of the WillHeCall website) agree to be bound by this Agreement, whether You are a “Visitor” (“Visitor” means that You simply browse the WillHeCall website) or a “Member” (“Member” means You have Registered with WillHeCall.com, for details see 1). The term “User” refers to a Visitor or a Member. You are only authorized to use the WillHeCall website (regardless of whether your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If You do not agree with it, You should leave the WillHeCall website immediately.

WillHeCall may modify this Agreement from time to time and such modification shall be effective upon Posting by WillHeCall on the WillHeCall website. You agree to be bound to any changes to this Agreement when You use the WillHeCall website after any such modification is Posted. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes.

WillHeCall.com is a website that provides Content in the form of text and images for the purposes of information and entertainment. The term “Content” refers to all text and images on the WillHeCall website. WillHeCall.com is a UK based business and is hosted in the US. A limited amount of Content is available to “Visitors” without need for Membership of WillHeCall. Every effort has and is being made to optimise the accessibility and usability of WillHeCall.com. WillHeCall.com offers Membership of the site. “Members” are able to view all of the site’s Content that is made available by WillHeCall at any one time. The sections of WillHeCall.com that are only available by Members is referred to as “Members Only Area”. Site Content is updated regularly with some pages being updated fortnightly, some weekly and some monthly.

1. Membership
   • By Submitting a “Contact Us” Form to WillHeCall You are agreeing to become a Member of WillHeCall.com. (To become a Member may also be expressed as to “Register” or to “Signup”). As a Member You agree to allow WillHeCall to keep a record of the personal information which You “Submit” (“Submit” meaning to supply to WillHeCall). You agree to be contacted by WillHeCall by email at any time. This correspondence will be solely for internal advertising and marketing from WillHeCall and will relate directly to WillHeCall.com. Your email address will never be disclosed to a third party. WillHeCall holds no responsibility for any communication that You receive from any third party who claim to be affiliated with WillHeCall or who claim to have received your personal details from WillHeCall without proof of this Activity having taken place. By becoming a Member of WillHeCall.com, You agree to Submit information and personal details to WillHeCall including your Name, Email Address, Location and Occupation. All personal details that You Submit to WillHeCall will be kept solely for use by WillHeCall and will never be disclosed to a third party. The Age and Dating Status as entered on the Contact Us form on becoming a Member, along with any Material (“Material” is used to described anything that You Submit thought the “Contact Us” forms, including scenarios, comments and questions) that You Submit may be “Posted” (“Posted” meaning displayed as Content live on the WillHeCall website) on WillHeCall.com. Your names as Submitted to WillHeCall and your email address will never be Posted on the WillHeCall website. You agree to be solely responsible for obtaining permission to Submit any Material that You Submit. You agree to be solely responsible for protecting the identity and dignity of persons contained in the Material which You Submit. If names of people or places or events or any other personal details are used in the Material, WillHeCall will assume that it is permissible to Post these on the WillHeCall website. Last names will never be Posted by WillHeCall. However, if You wish for persons or places or events in your Material to remain anonymous You are solely responsible for omitting, altering or disguising these details.
2. Eligibility. By using the WillHeCall website, You represent and warrant that
   1. all registration information You Submit is truthful and accurate;
   2. You will maintain the accuracy of such information;
   3. Your use of the WillHeCall website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that You are in violation of this Terms of Use Agreement. As a Member You will have the option to “Unsubscribe” (“Unsubscribe” refers to terminating your Membership, although this may not be the exact term used for this action on the WillHeCall website) which means that your personal details will be deleted from our database and You will no longer be contacted by email by WillHeCall.
3. Term. This Agreement shall remain in full force and effect while You use the WillHeCall website or are a Member. You may terminate your Membership at any time, for any reason, by Unsubscribing, or WillHeCall may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect and You will continue to be bound by all the Terms of this Agreement.
4. Fees. You acknowledge that WillHeCall reserves the right to charge for the WillHeCall website and to change its fees from time to time at its discretion. If WillHeCall.com terminates your Membership because You have breached the Agreement, You shall not be entitled to the refund of any unused portion of subscription fees.
5. Password. When You Signup to become a Member, You may be given, or asked to choose a Username and Password (“Username” and “Password” will be unique and personal to you and will enable you to SignIn) (“SignIn” meaning to gain access to the Members Only Area of the WillHeCall website.) You are entirely responsible for maintaining the confidentiality of your Username and Password. You agree not to use SignIn using the Username or Password of any Member other than your own at any time, nor to disclose your Username or Password to any third party, nor to allow any persons other than yourself to access the Members Only Area once You have Signed In. (The Members Only Area as it appears once You have Signed In is referred to as your “Account”.) You agree to notify WillHeCall immediately if you suspect any unauthorized use of your Username, Password or Account. You are solely responsible for any and all use of your Account.
6. Unauthorised Use of WillHeCall The WillHeCall website is for the personal use for Visitors and Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WillHeCall. Illegal and/or unauthorized use of WillHeCall, including collecting Content by electronic or other means for the purpose of sending unsolicited mail (both electronic and Postal) or unauthorized framing of or linking to the WillHeCall website. Appropriate legal action will be taken for any illegal or unauthorized use of the WillHeCall website.
7. Proprietary Rights in Content on WillHeCall.com.
   1. WillHeCall.com claims ownership rights of the entire Content of the WillHeCall website, including all of your Submitted Material. After Submitting your Material to the WillHeCall website, it may or not may not be Posted. By Submitting Material to the WillHeCall website, you hereby grant to WillHeCall a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Material on and through WillHeCall.
   2. Without this license, WillHeCall would be unable to provide the WillHeCall website. For example, without the right to modify your Material, WillHeCall.com would not be able to edit Material that you Submit to satisfy technical requirements, all laws to which WillHeCall must adhere, and the personal ethos with which the WillHeCall website endeavors to operate. The license you grant to WillHeCall.com is non-exclusive (meaning you are free to license your Material to anyone else in addition to WillHeCall), fully-paid and royalty-free (meaning that WillHeCall is not required to pay you for Posting the Material that you Submit), sub licensable (so that WillHeCall is able to use its affiliates and subcontractors such as Internet Content delivery networks to provide the WillHeCall website), and worldwide (because the Internet and the WillHeCall website is globally accessible).
   3. You represent and warrant that:
      1. you own the Material that you Submit or that you otherwise have the right to grant the license set forth in this section, and
      2. the Posting of your Material on or through the WillHeCall website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material which you Submit as your own if you do not own this Material, or the license to this Material.
   4. The WillHeCall website contains Content written by both its authors and Users of WillHeCall.com. Except for Material exactly as it is Submitted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the WillHeCall website without clear referencing to WillHeCall.com.
8. Material Posted as Content on or through the WillHeCall website. Submitting Material to WillHeCall does not guarantee that it will be Posted on the WillHeCall website. WillHeCall.com reserves the right to choose which Material is Posted on the WillHeCall website and to edit any Material before it is Posted on WillHeCall.com. Any Material Submitted to WillHeCall is done so freely and any Material that is selected to be Posted will be done so anonymous with only the age and dating status of the User Posted.
9. Prohibited Material. The following is a partial list of the sort of Material that is illegal or prohibited to Submit to WillHeCall. WillHeCall.com reserves the right to investigate and take legal action, where appropriate, against anyone who, at WillHeCall’s sole discretion, violates this provision. This includes without limitation, terminating the Membership of such violators. Prohibited Material includes, but is not limited to, that which, at the sole discretion of WillHeCall com:
   1. is offensive and promotes racism, bigotry, hatred or physical harm or harassment of any kind against any group or individual;
   2. exploits people in a sexual or violent manner;
   3. promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or libelous;
   4. promotes an illegal or unauthorized copy of another person's copyrighted work or contains personal information without the prior full consent of all relevant parties.
   5. involves “hacking” into the WillHeCall website or its databases, the submission of "junk mail," "chain letters," or unsolicited mail.
   6. solicits Passwords or personal identifying information for commercial or unlawful purposes from other Users;
   7. furthers or promotes any criminal Activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. Prohibited Activity (“Activity” refers to any action by an individual or group). The following is a partial list of the sort of Activity that is illegal or prohibited on the WillHeCall Website and through your use of WillHeCall. WillHeCall.com reserves the right to investigate and, where appropriate, take legal action against anyone who, at WillHeCall.com's sole discretion, violates this provision. This includes without limitation, reporting You to law enforcement authorities. Prohibited Activity includes, but is not limited to:
    1. criminal or deceitful Activity, including fraud, Submitting obscene Material, harassment, sending of viruses or other harmful files, copyright or patent infringement, or theft of trade secrets;
    2. You may not Submit any chain letters or junk mail to WillHeCall.com.
    3. In order to protect the smooth operation of the WillHeCall website, WillHeCall reserves the right to restrict the number of times a Member may Submit Material in any 24-hour period to a number which WillHeCall.com deems appropriate at its sole discretion.
    4. interfering with, disrupting, or creating an undue burden on the WillHeCall website or the networks or services connected to WillHeCall;
    5. attempting to impersonate another Member or person by using the Account, Username, or Password of another Member at any time or disclosing your Password to any third party or permitting any third party to access your Account;
    6. selling or transferring your Membership to another person;
    7. using any information obtained from the WillHeCall website in order to harass, abuse, or harm another person; or
    8. using the WillHeCall website in a manner inconsistent with any and all applicable laws regulations and this Terms of Use Agreement.
11. Copyright Policy. You may not copy, modify, distribute, or reproduce in any way any Content Posted on WillHeCall.com. If You believe that Content on the WillHeCall website is your work and has been copied and Submitted to WillHeCall by someone other than You, in a way that constitutes copyright infringement, please provide us with the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that You claim has been infringed;
    3. a description of where the Material that You claim is infringing is located on the WillHeCall website;
    4. your address, telephone number, and email address;
    5. a written 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;
    6. 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.
12. Privacy. Use of the WillHeCall website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers. WillHeCall.com is not responsible for any incorrect or inaccurate Content Posted on the WillHeCall website. Although every effort is made to support advertisers who comply with the WillHeCall ethos WillHeCall takes no responsibility for third party advertisements which are Posted on the WillHeCall website, nor does WillHeCall take any responsibility for the goods or services provided by its advertisers. WillHeCall.com is not responsible for the conduct, whether online or offline, of any User of the WillHeCall website. WillHeCall.com 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, any User or Member communication. WillHeCall.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or traffic congestion on the Internet or on the WillHeCall website, including any injury or damage to Users or to any person's computer related to or resulting from using WillHeCall.com. Under no circumstances shall WillHeCall.com be responsible for any loss or damage, including personal injury or death, resulting from use of the WillHeCall website, attendance at a WillHeCall.com event, from any Content Posted on or through the WillHeCall website, or from the conduct of any Users of the WillHeCall website, whether online or offline. WillHeCall.com cannot guarantee and does not promise any specific results from use of WillHeCall.com.
14. Limitation on Liability. In no event shall WillHeCall.com be liable to You or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the website, even if WillHeCall.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, WillHeCall’s liability to You for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by You to WillHeCall.com for the use of the WillHeCall website during the term of Membership.
15. Disputes. If there is any dispute about or involving the WillHeCall website, You agree that the dispute shall be governed by the laws of the United Kingdom without regard to conflict of law provisions and You agree to exclusive personal jurisdiction and venue in Her Majesty’s Courts located in the United Kingdom.
16. Indemnity. You agree to indemnify and hold WillHeCall.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer's fees, made by any third party due to or arising out of your use of the WillHeCall website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that You Submit to the WillHeCall Website causes WillHeCall.com to be liable to another.
17. Other. This Agreement is accepted upon your use of the WillHeCall Website and is further affirmed by You becoming a Member. This Agreement constitutes the entire Agreement between You and WillHeCall regarding the use of the WillHeCall website. The failure of WillHeCall.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS.