Wifi.com - Terms of Service

Wifi.com Terms of Service for Your Personal Use
Last Revised: June 5, 2008

Welcome to Wifi.com! By accessing the wifi.com website ('Site') or using the services offered by wifi.com and our partners ('Services') you agree and acknowledge to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services.

If you choose to utilize the Software provided by wifi.com or our Services (and those of our partners), you are responsible for their use by your computer. Wifi.com reserves the right to revise the Terms and Services at any time but we will notify you via our Website. We encourage you to check our Terms and Privacy Policy often to ensure continued agreement.

We are excited to have you join the wifi.com and grant you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. While wifi.com hopes to maintain positive licensing relationships, we do reserve the right to terminate your license to use the Site and Services.

Software provided by wifi.com, sometimes referred to as the ‘Software’, and accompanying documentation available by download from this Site are the copyrighted work of Whisher Technologies and wifi.com. We ask you to respect our work and are notifying you that the use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software and is also referenced on this website.

You are responsible for your use and your computer’s use of our Site, Services, and Software and we ask you to be respectful when participating in any of wifi.com community features such as Forums, Blogs, Email functions, etc. Wifi.com does not monitor the contents of these community features and cannot be held responsible for the content posted by or distributed among wifi.com members. Wifi.com serves as a platform for members to exchange WiFi credentials and user-generated content distributed over the Internet or locally within the wireless coverage. These credentials and user-generated content are not under our control, and therefore wifi.com is not responsible for any legal implications derived from these activities.

Wifi.com and Whisher Technologies provide access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. Wifi.com asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Wifi.com database or reproduce, duplicate or copy the Site. Wifi.com reserves the right to change these features at any time and to disable access to the feeds and the API as we see fit.

We want to protect our good ideas and those of our partners. Wifi.com, the Wifi.com logo and the Wifi.com design are trademarks or trade dress of Wifi.com, and may not be used without express written permission from Wifi.com, other than for attribution. All other trademarks not owned by Wifi.com that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wifi.com. Wifi.com originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the creation of the Site, is the property of wifi.com and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, we do not allow any wifi.com generated content to be reproduced without explicit written consent from wifi.com. User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

We also respect the good ideas of others. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Wifi.com has adopted a policy of terminating, in appropriate circumstances and at wifi.com sole discretion, subscribers or account holders who are deemed to be repeat infringers. Wifi.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. To avoid copyright complications, please do not upload or submit any copyrighted material to the Site to which you do not have the right.

No Warranty and Limitation of Liability

WIFI.COM PROVIDES THE SITE AND SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WHISHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMAT ION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.
As part of these Terms you understand and agree that you use the Site and Services at your own discretion and risk. In addition, you will be solely responsible for any damages that arise from such use. Under no circumstances shall Wifi.com be liable for any direct, indirect, special incidental, consequential, or punitive damages of any kind.** Nor shall Wifi.com be liable for any other damages whatsoever (however arising, including negligence) including without limitation:

• Damages related to use, misuse, reliance on, or inability to use the Site and Services
• Damages caused by interruption, suspension or termination of the Site and Services
• Damages incurred through any links provided on the Site and the nonperformance thereof
• Damages resulting from the loss of use, sales, data, goodwill or profits whether or not Wifi.com has been advised of such possibilities.

While we encourage you to resolve any concerns regarding our Terms or Privacy Policy by contacting us, should you become dissatisfied with our Site or Services your available recourse is discontinued use of our Site and Services.

*Some states do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

UNDER NO CIRCUMSTANCES SHALL WIFI.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSO EVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT WIFI.COM HAS BEEN ADVISED OF SUCH POSSIBIL ITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH WIFI.COM SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES..

Wifii.com Services are not intended for persons under the age of 13. If a person under the age desires to use either Software or the Services provided by Wifi.com they should seek the assistance and approval of a parent or guardian.

Wifi.com and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Wifi.com and you. These Terms supersede any previous agreement and represent the entire agreement between Wifi.com and you. These Terms are governed by United States law. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.

Any notices must be sent to Wifi.com at terms@wifi.com