Copyright © 2007 Wyty, LLC. All rights reserved.
Registration. The Service is provided by Wyty.com. As a potential
user and/or "Registered member" you understand and agree to the following:
(a) if you choose to register, you must submit a valid e-mail address and select
a password during the registration process; (b) You are responsible for maintaining
the confidentiality of your account information and password, and all uses of your
account -- whether or not you've authorized such use; (c) You agree to notify Wyty.com
immediately of any unauthorized use of your account.
By becoming a "Registered member" or "member" you agree that Wyty.com
will not be held liable for any loss or damage for non-compliance. In addition,
you understand and agree that the content of all users, including your content,
will be collected, aggregated and anonymously integrated into the Wyty.com Service
and that Wyty.com will use aggregated data collected from you and other users for
statistical and analytical reporting purposes.
Term. This Agreement will remain in full effect, unless otherwise
stated by Wyty.com, its affiliates or Joint Ventures while using any/or all of the
Web site services and/or are a Registered member. You may terminate your membership
at any time, for any reason by contacting Wyty.com via written request or email.
Wyty.com may terminate your membership for any reason, at any time. If Wyty.com
terminates your membership in the Service because you have breached the Agreement,
you will not be entitled to any refund of unused subscription fees if such fees
are applicable. This Agreement shall remain in effect indefinitely, including post
termination of membership.
Eligibility. You must be 18 years of age or older or have parental
consent to register as a member of Wyty.com or use the Web site. Membership,
access and all applications in the Service are void where prohibited. By using the
Web site and/or any services you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. Wyty.com complies with the Children's On-line
Privacy Protection Act of 1998 and therefore does not market to children under the
age of thirteen.
Description of Services. Wyty.com provides "members" with the ability
to access a "User Opted" Mobile Phone Directory Service. "Members" will also have
the capability of updating, maintaining, and accessing their personal contact information
and the contact information of other Wyty.com members. The end user is given access
by becoming a "member" of the Services. To become a "member" the user must register
with Wyty.com. When you become a "Registered member", Wyty.com will create your
personal account which will contain, but not be limited to basic account information:
name, mobile phone number, email address, and password. As a member you will have
the ability to select any/all fields that are not required to be "Private" or "Public"
through the on-line Mobile Phone directory service.
A "member" may also access Wyty.com via any Web browser. Upon service agreement
and availability a "member" may also access Wyty.com via mobile WAP. (This option
is based upon device and carrier availability. Depending on carrier, carrier's home
area, and service plan separate charges may occur.)
In addition, you will have the ability to make any of your personal contact information,
with the exception of the required fields, either "Public" or "Private". If you
make a field public it will be available to any Wyty.com "member" who may use the
service. Likewise, you will be able to access other "Registered members" "public"
information.
Additional features may be added to the Software, Site and Services and made available
to "members" from time to time.
Required User Information. Subscriber contact information, specifically
mobile phone numbers, is necessary for us to provide our services as well as to
design new services for future use. The use of this information may or may
not include Wyty.com, its affiliates, and partners. To provide current and future
services Wyty.com will require, but not limited to, the following; mobile phone
number(s), subscriber's name, address, email address, on-line user names and VoIP
listing information. This will provide a "member" with the ability to reference
and cross reference any/all contact information. The information collected will
be solely on an "Opt In" basis. "Opt In" provides the end user the ability to register
or not register their information by free will. Wyty.com may restrict access and
usage based upon user registration.
Personal information you provide to Wyty.com is governed by Wyty.com's
Privacy Policy. Upon registration
you elect to use the Services and indicate your acceptance of the terms of the Wyty.com
Privacy Policy.
You are also responsible for keeping any/all registered information update and current.
User Responsibility. You are responsible for all activities that occur
in your account. Wyty.com is in no way responsible for any loss or damages that
you may incur as a result of any unauthorized use of your user account and password.
By registering you agree that you are fully responsible for any content registered
on the Wyty.com's service, including, but not limited to, personal information,
mobile phone numbers, email, usernames, user names VoIP registration information,
and the consequences of any such information. Upon Registration you agree to act
responsibly and to treat other users and members with respect.
Accessibility. Customer Service Representatives may be required to
access user information upon request by the specified "member", Wyty.com,
and/or any authorized officials. This may be a result of, but not limited to; technical
support issues, account verification, and/or billing issues. Wyty.com will
not give out any "member" information to unauthorized third parties.
Wyty.com may also use collected information to protect customers, employees and/or
property. This may occur in the case of investigating fraud, harassment or other
types of unlawful activities involving Wyty.com and/or other companies that are
associated with Wyty.com. In some cases, it may be necessary to provide this information
to the government or third parties who make a lawful demand for it. Wyty.com also
reserves the right to share information and/or data collected within our company
divisions, partners and/or affiliates. This may enable us to better understand our
"members" product and service needs, and to learn how to best design, develop, and
package products and services to meet those needs. Wyty.com reserves the right to
structure any number of smaller or "sister" companies. These entities may share
and utilize any information registered with Wyty.com. Currently, our primary service
is providing an online published on-line directory.
Links to 3rd Party Sites. Any links included within Wyty.com
that take users out of the Wyty.com site are not under the control of Wyty.com and/or
any of its partners or affiliates. Wyty.com shall not be responsible for the content
of any linked site or any link contained in a linked site. All such sites shall
be subject to the policies and procedures of the owner of such site.
Termination. Wyty.com, Inc. reserves the right to refuse membership
to anyone. Wyty.com may terminate your membership and any and all information, communications
or postings, at any time, without notice, for conduct that violates this Agreement.
Limitation on Liability. Wyty.com is provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or endorsement made and without warranty
of any kind whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy. Except in jurisdictions where such provisions
are restricted, in no event will Wyty.com be liable to you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive damages,
including also lost profits arising from your use of the Web site or the Service,
even if Wyty.com has been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, Wyty.com shall have no liability to you
for any cause whatsoever, and regardless of the form of the action during the term
of membership.
Indemnity. By using and/or registering you agree to indemnify
and hold Wyty.com, its subsidiaries, affiliates, officers, agents, and other partners
and employees, harmless from any loss, liability, claim, or demand, including attorney's
fees, made by any third party due to or arising out of your use of the Service 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.
No Agency. Unless determined by Wyty.com there is no agency, partnership,
joint venture, employee-employer or franchisor-franchiser relationship between Wyty.com
and any User of the Service, "member".
Dealing with Third Party Service Providers/Advertisers. Any interaction,
including correspondence and/or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that Wyty.com shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
Disputes. If there is any dispute about or involving the Web site and/or
the Service, by using the Web site, you agree that the initial process in resoulution
will be arbitration. If the dispute cannnot be resolved through Arbitration
it will be governed by the laws of the State where LLC is formed without regard
to its conflict of law provisions. You also agree to personal jurisdiction by and
venue in the state and federal courts of the State Incorporated and the city appointed.
Member Disputes. You are solely responsible for your interactions with
other Wyty.com "members". Wyty.com reserves the right, but has no obligation,
to monitor disputes between you and other "members".
Injunctive Relief. To the extent that you have breached or have indicated
your intention to breach these Terms of Service in any manner which violates or
may violate Wyty.com's intellectual property rights, or may cause continuing or
irreparable harm to Wyty.com (including, but not limited to, any breach that may
impact Wyty.com's intellectual property rights, or a breach by reverse engineering),
Wyty.com may seek injunctive relief, or any other appropriate relief, in any court
of competent jurisdiction.
International Use. Due to the global nature of the Internet, you agree
to comply with all local rules regarding user conduct on the Internet and acceptable
content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States of America or the
country in which you reside.
Other. This Agreement, accepted upon use of the Web site and further
affirmed by becoming a" Registered member" of the Service, contains the entire agreement
between you and Wyty.com regarding the use of the Web site and/or the Service. The
failure of Wyty.com to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision. If any provision
of these Terms and Conditions Agreement is held invalid, the remainder of this Terms
and Conditions Agreement shall continue in full force and effect.
Trademark Notices Registered 2007.