Terms and Conditions
1. ACCEPTANCE OF TERMS
Welcome to AnyWho®("AnyWho").
We will refer to AnyWho as the "Service". We (that is, YP and its other business groups and affiliates) will provide the Service to you, subject to the following terms and conditions - referred to as the "Service Agreement" or "SA", which may be updated or modified by us from time to time without notice to you, therefore you need to regularly check this agreement to stay up to date. You can review the most current version of the SA at any time at http://www.anywho.com/terms.html. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the SA. In addition, when using particular YP services subject to this SA, you and YP will shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are incorporated by reference into the SA.
Consequently, PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANYWHO. BY ACCESSING OR USING ANYWHO, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE ANYWHO. REMEMBER THAT YP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF ANYWHO SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
3. USE OF THE SERVICE; MEMBER CONDUCT
(a) The compilation of the contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is YP and in some cases a third party. YP grants you a personal, non-transferable, non-sublicenseable, and non-exclusive right and license to access, print and download portions of directory or other information found on the Service solely for your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any information from the Service is strictly prohibited without the express written consent of YP. You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
(b) You acknowledge and agree that all information, data, text, messages, postings, or other materials ("Content") you submit or transmit via the Service, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, and not YP, are entirely responsible for all Content that you upload, submit, or otherwise transmit via the Service.
(c) You agree not to request modifications of listings or content that does not relate to you or your business or a person or business for which you are the legally recognized agent or representative. If you have provided incorrect information in a request to update or deleted information available via the Service then you are responsible for making modifications or corrections when the error is discovered.
You agree that you will not use the Service or the information obtained through the Service (including without limitation, directory or event listings):
- for solicitations, commercial or otherwise;
- for incorporation into a commercial product or service;
- to download directory listings or other information by using any type of automated means;
- for the purposes of soliciting, offending or harassing any person or persons;
- to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way: (i) are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of another, or (iii) are known to be false or misleading at the time of entry.
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a YP official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- provide any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- intentionally or unintentionally violate any applicable local, state, national or international law.
(d) You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content (for example, if an phone number posted in AnyWho is listed wrong), or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Service. You agree not to change or delete any proprietary notices from directory listings downloaded from the Service.
(e) You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. PUBLIC CONTENT SUBMITTED TO THE SERVICE
(a) For purposes of the SA, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include the residential directory listings in AnyWho. Please note that this Content may be seen by anyone using the Service.
(b) With respect to all Content you elect to post or submit to publicly accessible areas of the Service, you grant YP the world-wide royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works, in any form, media, or technology now known or later developed.
(c) You represent and warrant that you have all right, title and interest in, or otherwise have the right to publicly display all Content that you submit to or transmit through the Service and that the Content you post to or transmit through the Service does not infringe, or dilute any third party right.
5. YP'S RIGHTS AND REPRESENTATIONS; WARRANTY DISCLAIMER
(a) YP reserves the right to deny access to you or any group of users to the Service, at its sole discretion, at any time. YP also reserves the right to remove any listings or other information or Content from the Service at any time and at its sole discretion.
(b) You agree that YP, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if YP believes that you have violated or acted inconsistently with the letter or spirit of the SA. YP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this SA may be effected without prior notice, and acknowledge and agree that YP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that YP shall not be liable to you or any third party for any termination of your access to the Service.
(c) You acknowledge that YP does not pre-screen Content, but that YP and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates the SA or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.
(d) YP cannot and does not guarantee or warrant that data available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
(e) YP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE, AND YP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. YP DOES NOT WARRANT THAT THE SERVICE WILL BE www.anywho.com, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL YP (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF YP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, YP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold YP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the SA, or your violation of any rights of another.
7. MODIFICATIONS TO SERVICE
YP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that YP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. DEALINGS WITH THIRD PARTIES
(a) Your correspondence or business dealings with, or participation in promotions of, businesses or 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 YP 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
(b) The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YP has no control over such sites and resources, you acknowledge and agree that YP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that YP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. DISPUTE RESOLUTION - ARBITRATION
Any cause of action or claim you may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN NEW YORK, NEW YORK, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
10. TRADEMARK NOTICES
YP, the YP logo, AnyWho and the AnyWho logo and all other YP names and marks are the trademarks or service marks of YP. Other product, service and company names mentioned herein may be the trademarks or service marks of their respective owners.
This Agreement shall all be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. This site is controlled and operated by YP from its offices within the United States of America. YP makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. YP's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. YP may assign its rights and duties under this Agreement to any party at any time without notice to you. The section titles in the SA are for convenience only and have no legal or contractual effect.
Please report any violations of the SA to our Customer Care group at 1-800-479-2977 or by sending us mail to: AnyWho Directory Service, Attention: Consumer Group, 611 N. Brand Blvd., 5th Floor, Glendale, CA 91203
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