WhoWins(tm): Terms of Usage

Terms Of Usage.

The WhoWins(tm) World-Wide Web Site (the "Site") is an on-line source of information about WhoWins, subject to your compliance with the Terms Of Usage set forth below. PLEASE READ THESE TERMS OF USAGE BEFORE MAKING USE OF THIS SITE. BY GAINING ACCESS TO THIS SITE, MAKING USE OF THIS SITE, OR CONTINUING TO DO EITHER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USAGE AND YOUR AGREEMENT TO BE BOUND BY THEM. WHOWINS MAY MODIFY THESE TERMS OF USAGE AS CIRCUMSTANCES WARRANT, AT ANY TIME, AND THE MODIFIED TERMS OF USAGE SHALL GO INTO EFFECT IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS OF USAGE TO THIS SITE. PLEASE CONTINUE TO REVIEW THESE TERMS OF USAGE UPON EACH OCCURRENCE OF GAINING ACCESS TO OR MAKING USE OF THIS SITE. BY GAINING ACCESS TO THIS SITE, MAKING USE OF THIS SITE, OR CONTINUING TO DO EITHER AFTER MODIFICATION OF THESE TERMS OF USAGE, YOU AGAIN SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USAGE, AS MODIFIED, AND YOUR AGREEMENT TO BE BOUND BY THEM, AS MODIFIED. YOU FURTHER AGREE TO COMPLY WITH U.S. LAW REGARDING THE TRANSMISSION OF ANY DATA OR OTHER CONTENT OBTAINED FROM THE SITE IN ACCORDANCE WITH THE TERMS OF USAGE OF THE SITE. YOU FURTHER AGREE NOT TO USE THE SITE FOR PURPOSES THAT ARE NOT LEGAL. YOU FURTHER AGREE NOT TO DISRUPT OR INTERFERE WITH NETWORKS CONNECTED TO THE SITE. IF YOU DO NOT ACCEPT THE TERMS OF USAGE, YOU MUST DISCONTINUE GAINING ACCESS TO OR MAKING USE OF THIS SITE.

1. Copyright, Idea Submissions, Intellectual Property, and Licenses.

The entire contents of the Site, including but not limited to text, content, photographs, audio, video, graphics, code, and software, are protected by copyrights, trademarks, service marks, international treaties, proprietary rights, and other laws of the United States of America and other nations. WhoWins, its affiliates, or other third party licensors are the owner of the copyrights, trademarks, and service marks. The Site is also protected under U.S. copyright and other laws and treaties as a collective work or compilation. All individual articles and other elements comprising the Site are also copyrighted works. You agree to abide by and adhere to all additional copyright notices and restrictions contained in the Site but not mentioned within these Terms Of Usage. YOU MAY NOT COPY, MODIFY, REPRODUCE, PUBLISH, REPUBLISH, UPLOAD, POST, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, CREATE DERIVATIVE WORKS FROM, OR IN ANY WAY EXPLOIT THE SITE OR ANY PART OF THE SITE, INCLUDING TEXT, CONTENT, PHOTOGRAPHS, AUDIO, VIDEO, GRAPHICS, CODE, AND SOFTWARE. You may download material from the site or make one print copy from different areas of the Site (such as white papers, datasheets, press releases, and FAQs) solely for your own personal informational and non-commercial use, provided that you agree not to change or delete any copyright and other proprietary notices from the downloaded material and printed copy, and provided that both the copyright notice below and this permission notice appear. Use for any other purpose but your own personal informational and non-commercial use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The material for download and the print copy specified above excludes the layout and design of the Site. ANY ANALYSIS INCLUDED IN THE SITE MAY NOT BE RECIRCULATED, REDISTRIBUTED, OR PUBLISHED WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF WHOWINS. ANY MODIFICATION OF THE SITE'S CONTENT WOULD CONSTITUTE A VIOLATION OF COPYRIGHT AND OTHER PROPRIETARY RIGHTS OF WHOWINS, ITS AFFILIATES, OR OTHER THIRD PARTY LICENSORS. YOU MAY NOT OFFER ANY PART OF THE SITE FOR SALE. YOU MAY NOT DISTRIBUTE THE SITE OR ANY PART OF THE SITE OVER ANY OTHER MEDIUM, INCLUDING RADIO, BROADCAST TELEVISION, CABLE TELEVISION, COMPUTER NETWORKS, OR WEB-BASED HYPERLINKS, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF WHOWINS. THE SITE AND THE DATA AND INFORMATION THE SITE COMPRISES MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NEITHER PART NOR ALL OF THE SITE AND ITS CONTENTS MAY BE STORED IN DATABASES OR DISTRIBUTED AS PARTS OF LARGER DATABASES OR DATABASE SERVICES. YOU MAY NOT USE THE SITE TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF WHOWINS. YOU MAY NOT USE ANY WHOWINS TRADEMARKS OR SERVICE MARKS TO IMPLY IN ANY WAY THAT SUCH MARKS ARE ASSOCIATED WITH OR OWNED BY YOU, OR ARE USED WITH WHOWINS'S CONSENT. YOU ALSO ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS TO ANY OF THESE MARKS. YOU AGREE TO GRANT TO WHOWINS A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, PERPETUAL LICENSE, WITH THE RIGHT TO SUB-LICENSE, REPRODUCE, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, AND CREATE DERIVATIVE WORKS OF ANY MATERIALS, DATA, OR INFORMATION YOU SUBMIT TO ANY PUBLICLY-ACCESSIBLE AREAS (INCLUDING BUT NOT LIMITED TO BULLETIN BOARDS, FORUMS, AND NEWSGROUPS) OF THE SITE, OR TO WHOWINS BY E-MAIL, BY ALL MEANS AND BY ALL MEDIA NOW KNOWN AND SUBSEQUENTLY DEVELOPED. SAID MATERIALS, DATA, OR INFORMATION CAN INCLUDE BUT IS NOT LIMITED TO IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED PRODUCTS OR SERVICES. YOU ALSO GRANT TO WHOWINS THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED MATERIALS, DATA, OR INFORMATION, AS WELL AS IN CONNECTION WITH ALL RELATED ADVERTISING, MARKETING, AND PROMOTIONAL MATERIAL. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST WHOWINS FOR ANY ALLEGED OR ACTUAL INFRINGEMENT UPON ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS WITH WHOWINS. YOU ACQUIRE NO RIGHTS OR LICENSES IN OR TO THE SITE AND INFORMATION AND MATERIALS CONTAINED WITHIN THE SITE, OTHER THAN THE LIMITED RIGHT TO USE THE SITE IN ACCORDANCE WITH THE TERMS OF USAGE. ALL PRESENT AND FUTURE RIGHTS TO PATENTS, TRADE SECRETS, TRADEMARKS, COPYRIGHTS, SERVICE MARKS, KNOW-HOW, AND OTHER PROPRIETARY RIGHTS OF ANY TYPE UNDER THE LAWS OF ANY DOMESTIC OR FOREIGN GOVERNMENT AUTHORITY, INCLUDING RIGHTS TO ALL APPLICATIONS AND REGISTRATIONS RELATING TO THE SITE (THE "INTELLECTUAL PROPERTY RIGHTS") SHALL BE AND REMAIN AT ALL TIMES THE SOLE AND EXCLUSIVE PROPERTY OF WHOWINS. ALL PRESENT AND FUTURE RIGHTS TO THE SITE, INCLUDING THE RIGHT TO EXPLOIT OR MAKE USE OF THE SITE AND ANY PORTIONS OF THE SITE OVER ANY PRESENT OR FUTURE TECHNOLOGY, ARE RESERVED TO WHOWINS FOR ITS EXCLUSIVE USE.

2. Constraints upon Site Usage.

You may not use the Site for any illegal purpose. You may not use the Site in any manner not consistent with the Terms of Usage. You agree not to use, distribute, transfer, broadcast, or disseminate in any manner any information contained in the Site that might compete with the business of WhoWins. You acknowledge that the Site has been designed, developed, arranged, and presented by WhoWins and others through the application of techniques developed and applied through the expenditure of considerable time, effort, and money, and constitutes intellectual property and trade secrets of value to WhoWins and said others. You agree to protect the proprietary rights of WhoWins and all others who have rights in the Site during and after the applicability of these Terms of Usage. You agree to comply with all reasonable written requests made by WhoWins to protect its contractual, statutory, and common law rights in the Site. You agree to notify WhoWins in writing promptly upon awareness of any unauthorized access to or use of the Site by any party or any claim that the Site infringes upon any copyright, trademark, service mark, or any other contractual, statutory, or common law rights.

3. Disclaimer and Limitation of Liability.

You agree that your use of the Site is at your sole risk. You acknowledge that the Site and anything contained therein, including but not limited to content, services, goods, and advertisements are provided "AS IS." You acknowledge that WhoWins does not make any express or implied warranties, representations, or endorsements whatsoever as to the content, services, goods, advertisements, and other material within the Site, including but not limited to merchantability, noninfringement, title, or fitness for a particular purpose or use. You acknowledge that WhoWins does not make any express or implied warranties, representations, or endorsements whatsoever as to the Internet in general. You agree that WhoWins shall not be held liable for any cost or damage arising either directly or indirectly from any such transaction. You agree that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all information provided through the Site or on the Internet generally. WhoWins does not warrant that the Site will operate in an uninterrupted or error-free manner, or that technical inaccuracies, typographical errors, reproduction errors, or other flaws or defects in the Site shall be corrected. WhoWins does not warrant that the Site is compatible with your equipment or that the Site is free of errors, infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. WhoWins is not liable for any damage you may suffer as a result of such destructive features. You agree that WhoWins, its suppliers, and its third-party agents shall bear no responsibility or liability for any damages or injury, whether caused by the negligence of WhoWins, its employees, subcontractors, suppliers, agents, or otherwise arising in connection with the Site, and shall not be liable for any lost profits, losses, damages, or any claim against WhoWins by any other party. You agree that WhoWins, its suppliers, and its third-party agents shall bear no responsibility or liability for any damages or injury, whether caused by the negligence of WhoWins, its employees, subcontractors, suppliers, agents, or otherwise arising in connection with the Site, and shall not be liable for any fault, inaccuracy, incompleteness, omission, delay, unavailability, or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment. WhoWins is also not responsible for the continued availability or reliability of the telephone, ISDN, cable, or any other lines and equipment you use to gain access to the Site. You understand that WhoWins and third-party contributors to the Site may choose at any time to restrict or prohibit access to content under the Terms of Usage.

4. Further Disclaimer.

You acknowledge that the Site is provided for purposes of information only and is not intended for gambling or other purposes that may be deemed illegal by any federal, state, or local government. You acknowledge that the Site includes information taken from books, newspapers, microfiche, microfilm, and other sources. You acknowledge that WhoWins does not guarantee the accuracy, completeness, or timeliness of the Site. Anything to the contrary herein stated notwithstanding, WhoWins, its officers and employees, affiliates, subsidiaries, successors, suppliers, assignees, and third-party agents shall not, directly or indirectly, be liable in any way to you or any other party for any inaccuracies, errors in, or omissions from the Site. You acknowledge that the Site is provided for purposes of information only and is not intended for gambling or other purposes that may be deemed illegal by any federal, state, or local government. You acknowledge that the Site includes information taken from books, newspapers, microfiche, microfilm, and other archived and periodical sources. You acknowledge that WhoWins does not guarantee the accuracy, completeness, or timeliness of the Site. Anything to the contrary herein stated notwithstanding, WhoWins, its officers and employees, affiliates, subsidiaries, successors, suppliers, assignees, and third-party agents shall not, directly or indirectly, be liable in any way to you or any other party for any delays, interruptions, or errors in the transmission or delivery of the Site. You acknowledge that the Site is provided for purposes of information only and is not intended for gambling or other purposes that may be deemed illegal by any federal, state, or local government. You acknowledge that the Site includes information taken from books, newspapers, microfiche, microfilm, and other sources. You acknowledge that WhoWins does not guarantee the accuracy, completeness, or timeliness of the Site. Anything to the contrary herein stated notwithstanding, WhoWins, its officers and employees, affiliates, subsidiaries, successors, suppliers, assignees, and third-party agents shall not, directly or indirectly, be liable in any way to you or any other party for any loss or damage arising from any reason of nonperformance.

5. Further Limitation of Liability.

IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WHOWINS, ITS SUPPLIERS, AND ITS THIRD-PARTY AGENTS, BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, PROGRAMS, INFORMATION, OR FOR BUSINESS INTERRUPTION), EVEN IF A WHOWINS-AUTHORIZED REPRESENTATIVE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY INFORMATION OR MATERIAL PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE. IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WHOWINS, ITS SUPPLIERS, AND ITS THIRD-PARTY AGENTS, BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, PROGRAMS, INFORMATION, OR FOR BUSINESS INTERRUPTION), EVEN IF A WHOWINS-AUTHORIZED REPRESENTATIVE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING FROM THE TERMS OF USAGE. APPLICABLE LAW MAY PRECLUDE THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF WHOWINS TO YOU FOR ALL DAMAGES, LOSSES, AND ACTION, WHETHER IN TORT OR CONTRACT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

6. Indemnification.

You agree, at your own expense, to indemnify, defend, and hold harmless WhoWins, its officers, employees, agents, suppliers, and licensors, against any claim, suit, action, or other proceeding brought against WhoWins, its officers, employees, agents, suppliers, and licensors, by a third party, to the extent that such claim, suit, action, or other proceeding brought against WhoWins, its officers, employees, agents, and licensors arises in connection with or is based on the Site, including but not limited to: your use or someone using your computer's use of the Site; a violation of the Terms of Usage by you or anyone using your computer; a claim that any use of the Site by you or someone using your computer infringes any Intellectual Property Right of any third party, is defamatory or libelous, or otherwise results in damage or injury to any third party; any additions to or deletions from or alterations to or unauthorized use of the Site by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; any breach of agreement or covenant to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to reasonable attorney fees and costs awarded against or otherwise incurred by or arising from or in conjunction with any such claim, suit, action, or proceeding attributable to any such claim.

7. Links to Third Party Sites.

The links or hyperlinks from the Site will let your browser or similar program leave the Site and reach a linked Site not operated by WhoWins. WhoWins is not responsible for the contents, services, goods, or advertisements of or from any linked site, or for any link contained in a linked site, or any modifications to such sites, or their availability, content, or accuracy. These linked sites are not under the control of WhoWins. WhoWins is not responsible for any form of transmission, including but not limited to webcasting, received from any linked site. The Site provides links to other sites only as a convenience; links to other sites do not explicitly or implicitly imply endorsement of those other sites. WhoWins does not make any express or implied warranty regarding use of the links from the Site. WhoWins does not ensure or guarantee the accuracy, completeness, adequacy, usefulness, or any other such trait of any other sites, services, goods, or advertisements that may be linked to the Site.

8. Termination.

Either you or WhoWins may terminate the Terms of Usage at any time and effective immediately, and with or without cause. You may terminate the Terms of Usage by ceasing use of the Site and by destroying all materials and information obtained from the Site. These Terms of Usage will terminate immediately, without notice from WhoWins, if at the sole discretion of WhoWins you are found to fail to comply with any provision of these Terms of Usage. Upon termination by you or upon notice of termination by WhoWins, you must destroy promptly all materials obtained from the Site, along with any copies thereof. Sections one through seven (1-7) and nine (9) shall survive any termination of the Terms of Usage.

9. Governing Law.

This Agreement in its entirety shall be governed and construed in accordance with the laws of the United States and the State of Missouri, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Saint Louis County in the State of Missouri, with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the Terms of Usage. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises or such cause of action or claim is barred. Any failure by WhoWins, intentional or accidental, to demand or enforce strict adherence to any section of this Agreement shall not be construed as a waiver of any section or right. Neither trade practice nor the course of conduct between the parties shall serve to modify any section of this Agreement. WhoWins may assign its rights and duties under this Agreement to any party at any time without notifying you.

10. Miscellaneous.

You accept that WhoWins has the right to change the technical specifications or content of any aspect of the Site at any time, at the sole discretion of WhoWins. You further accept that such changes may result in your being unable to gain access to or make use of the Site. If you choose to gain access to or make use of the Site from outside the United States, you are responsible for compliance with foreign and local laws. Any software from the Site is further subject to United States export controls and may not be downloaded, exported, or re-exported into Cuba, Iraq, Iran, Libya, North Korea, the Sudan, Syria, or any other country to which the United States has embargoed goods; nor may any software from the Site be downloaded, exported, or re-exported to any national or resident of Cuba, Iraq, Iran, Libya, North Korea, the Sudan, Syria, or any other country to which the United States has embargoed goods; nor may any software from the Site be downloaded, exported, or re-exported to anyone on the United States Treasury Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list. You acknowledge that the section titles in the Terms of Usage are used solely for the convenience of you and WhoWins. You acknowledge that the section titles in the Terms of Usage have no legal or contractual significance. If any provision or section of the Terms of Usage is found invalid or unenforceable, then that provision or section will be enforced to the maximum extent possible, and the other provisions and sections of this Agreement will remain in force. The Terms of Usage constitute the entire Agreement between you and WhoWins.

Any rights not expressly granted herein are reserved by WhoWins. Contact feedback@whowins.com with any questions or problems.

TRADEMARKS. WhoWins and/or other WhoWins products referenced herein are trademarks, service marks, or registered trademarks of WhoWins. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. All rights reserved.

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