Terms and Conditions of Website Usage

The following are the "Terms" that govern use of the Whoarya Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. This is an important document and affects your rights and obligations. It also includes exclusions and limitations that apply to you. Whoarya reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. These Terms may not be supplemented, altered or modified by the use of any other documents or oral communications unless agreed in writing by Whoarya.

General Information

1 Definitions

1.1 “We” and “Us” are Whoarya of Unit 1, Armstrong Way, Great Western Business Park, Yate, Bristol, BS37 5NG ;

1.1 “Site” is the Whoarya web site ;

1.2 Our e-mail address is not published

1.3 Not VAT registered

Permitted Use of the Site

2.1 You agree that you are only authorised to visit, view and where available print or download material on the Site for your own use and that you shall not duplicate, download, publish, modify distribute or otherwise disclose to any third party whatsoever the material on the Site for any other purpose or in relation to or for the benefit of, any third party, unless specifically authorized by Us to do so and whether or not during the term of the Contract. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by us to do so.

2.2 You will at all times ensure that your use of the Site is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.

2.3 We will accept no liability in relation to the content of information supplied by you, whether as publisher or otherwise. You agree to indemnify Whoarya and/or their affiliates and subsidiaries and/or suppliers in relation to any claims, costs, expenses, liabilities, causes of action, infringement of any rights of third parties, whomsoever and howsoever arising, in relation to any material posted on the Site by you or your employees.

Site Access

3.1 While we endeavour to ensure that the Site is normally available 24 hours a day, We will not be liable if for any reason the Site is unavailable at any time or for any period.

3.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Whoarya’s control.

Confidentiality

4.1 For the purposes of these Terms, Confidential Information includes but is not limited to information, whether in written or any other form, which is identified as confidential or is clearly by its nature confidential which shall include (without limitation):

4.1.1 design features and technical details of the Site, the scope of the Site, any technical data and know-how associated with the operation and further development of the Site, including programming and computer programmes used to operate and develop the Site; and

4.1.2 the content of any of the material contained on the Site, including, without limitation, any policies and procedures that are contained on the Site and the development and sale of which is the main business of Whoarya.

This Confidential Information will remain the property of Whoarya at all times.

4.2 You undertake to protect the Confidential Information, to prevent the unauthorised use, dissemination or publication of the Confidential Information.

Trademarks and Copyright

5.1 The content and software on the Site is the property of Whoarya and is protected by United Kingdom and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. You must not remove or interfere with this notice or these credits, or any additional information contained along with the notices and credits.

5.2 Whoarya logos found on the Site are registered trademarks of Whoarya. These trademarks may be used publicly only with the written permission of Whoarya.

Ownership of Materials

6 All materials on the Site are copyrighted and are protected under treaty provisions and world-wide copyright laws. Materials on the Site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Whoarya’s written permission. Except as expressly stated in the limited licence provision of these terms and conditions, Whoarya does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

Disclaimers and limitation of liability

7.1 Whilst we will make all reasonable efforts to avoid problems, does not promise that the Site will be error-free, uninterrupted, that the material on the Site will be complete and error free. The Site and its content are delivered on an "as-is" and "as-available" basis. Whoarya cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.

7.2 Whoarya makes no guarantee of any specific result from use of this Site or any content, search or link on it.

7.3 Whoarya disclaims any and all liability for the acts, omissions and conduct of any third party users or Site users, in connection with your use of the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Whoarya at the number above. Whoarya may investigate the claim and take appropriate action, at its’ sole discretion.

7.4 Except in respect of death or personal injury caused by Whoarya’s negligence, Whoarya shall have no liability to you for any loss, damage, costs, expenses, or any loss of profit or any indirect, special or consequential loss, damage, costs or expenses or other claims (whether caused by the negligence of Whoarya, its servants or agents or otherwise) for compensation arising from your making use of the Site or by reason of any representation (unless fraudulent), or any implied warranty, condition or other term.

Copyright Policy and Indemnity

8.1 We will terminate the privileges of any user who uses this Site unlawfully to transmit copyrighted material without a licence or express consent, valid defence or fair use exemption to do so. In particular, users who submit content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also at our sole discretion, decide to terminate a user's rights to use of, or access to, the Site prior to that time if we believe that the alleged infringement has occurred.

8.2 You agree to indemnify and hold Whoarya, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Prohibited Content

9 The following is a partial list of the kind of content which is illegal or prohibited on the Site. It includes content that:

9.1 is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;

9.2 harasses or advocates harassment of another person;

9.3 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

9.4 promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

9.5 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9.6 contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

9.7 displays pornographic or sexually explicit material of any kind;

9.8 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; and

9.9 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct

10 Although Whoarya cannot monitor the conduct of its users off the Site, it is also a breach of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

No Commercial Use

11 No area of this Site may be used by visitors for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Access and Interference

12 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from the Site without the prior expressed written permission of Whoarya.

Unauthorized Use of the Site

13 Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Disputes

14 This site is controlled and operated by Whoarya from its offices in the United Kingdom. If there is any dispute about or involving the Site, by using the Site you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in a court in London, England without regard to its conflict of law provisions.