Terms
Using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate GULF WHO’S WHO Privacy Policy, GULF WHO’S WHO Intellectual Property Policy, GULF WHO’S WHO Photo Guidelines, GULF WHO’S WHO Venue Terms and Conditions, GULF WHO’S WHO Terms of Use" section below. Some services offered through the Service may be subject to additional terms and conditions specified by GULF WHO’S WHO from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service.
Access
Subject to these Terms of Use, GULF WHO’S WHO may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services GULF WHO’S WHO performs for you, GULF WHO’S WHO that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by GULF WHO’S WHO, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
Registration and Eligibility
You are required to register with GULF WHO’S WHO and represent, warrant and covenant that you provide GULF WHO’S WHO with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your GULF WHO’S WHO account.
Following Things are not allowed:-
- use a User Name or GULF WHO’S WHO account that is subject to any rights of a person other than you without appropriate authorization; or
- create any account for anyone other than yourself without such person's permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
GULF WHO’S WHO reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your GULF WHO’S WHO password. You shall never use another user's account without such other user's prior express permission. You will immediately notify GULF WHO’S WHO in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Content.
The person who originated any content has the sole responsibility of it . GULF WHO’S WHO cannot guarantee the authenticity of any Content or data which users may provide about themselves. All Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. The term "Content" includes, without limitation, any location information, "shouts", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by GULF WHO’S WHO on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."
User Submissions.
We may use your User Submissions in a number of different ways in connection with the Site, Service and GULF WHO’S WHO business as GULF WHO’S WHO may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”).
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that GULF WHO’S WHO will not be liable for any errors or omissions in any Content; and that GULF WHO’S WHO cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission.
GULF WHO’S WHO does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. GULF WHO’S WHO has no obligation to monitor the Site, Service, Content, or User Submissions. However, GULF WHO’S WHO reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if GULF WHO’S WHO is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. GULF WHO’S WHO also reserves the right to access, read, preserve, and disclose any information as GULF WHO’S WHO reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Foursquare, its users and the public.
Card Services
Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). GULF WHO’S WHO uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. GULF WHO’S WHO is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, GULF WHO’S WHO will obtain certain transaction details, which GULF WHO’S WHO will use solely in accordance with our Privacy Policy.
'Add-to- GULF WHO’S WHO ' Link
on your website, the following additional terms apply to you:
- On condition of continuous compliance with these Terms of Use, GULF WHO’S WHO hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Add-to Link on a website for which you have proper authorization ("your website") so that users can post links or content from your website on the Service. You grant us permission to use and allow others to use such links and content on the Service.
- Your license is subject to the following restrictions on use: (a) you may not use the Add-to Link to facilitate your sale of access to the Service or any information therein without GULF WHO’S WHO prior written approval; (b) you may not obscure or disable any element of the Add-to Link; (c) your website title and other trademarks and logos must appear at least as prominent as GULF WHO’S WHO trademarks and logos in the Add-to Link; (d) you may not display the Add-to Link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by GULF WHO’S WHO (e) you may not display the Add-to Link on any site that disparages GULF WHO’S WHO or its products or services, infringes any GULF WHO’S WHO intellectual property or other rights, or violates any applicable law; (f) you may not place the Add-to Link on sites that include content that would violate these Terms of Use if posted on the Service; (g) you may not display the Add-to Link in a manner that does not permit successful linking to, redirection to the Service; and (h) you may not insert any intermediate page, splash page or other content between the Add-to Link and the Service.
Special Terms for Verified Venues.
If you are the verified representative of a venue, you also agree to GULF WHO’S WHO Venue Terms and Conditions.
Special Terms for Developers.
If you are a developer or operator of any application or service that uses GULF WHO’S WHO application programming interface(s) you also agree to GULF WHO’S WHO Platform Policy and API License Agreement.
Termination.
GULF WHO’S WHO may terminate your access to all or any part of the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
Save to the extent required by law, GULF WHO’S WHO has no special relationship with or fiduciary duty to you. You acknowledge that GULF WHO’S WHO has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release GULF WHO’S WHO from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GULF WHO’S WHO makes no representations concerning any Content contained in or accessed through the Service, and GULF WHO’S WHO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
FOURSQUARE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
You shall defend, indemnify, and hold harmless GULF WHO’S WHO, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of GULF WHO’S WHO). GULF WHO’S WHO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GULF WHO’S WHO in asserting any available defenses.
Governing Law.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Foursquare agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Modification of Terms of Use.
GULF WHO’S WHO reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. GULF WHO’S WHO may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Miscellaneous.
GULF WHO’S WHO shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GULF WHO’S WHO reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with GULF WHO’S WHO prior written consent. Foursquare may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Language.
Where GULF WHO’S WHO has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with GULF WHO’S WHO
If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
