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5WH.Com Terms and Conditions
Welcome to website www.5wh.com
Herein we provide information about the website features and other products and services available to you for activities related to and in support of journalism and news media. You are given permission to use www.5wh.com products or services, use applications for mobile devices, or use software provided by www.5wh.com in connection with any of the foregoing services subject to the following conditions on this or other pages. By using these or any other www.5wh.comservices, you consent to these conditions and abide by their declarations.
These terms and conditions (“Terms and Conditions”) apply to your use of all www.5wh.com websites, applications, services and products (“Services” or individually a “Service”) that post a link to these Terms and Conditions and that are provided by any www.5wh.com worldwide ("www.5wh.com ", "we", "us" or "our").
By accessing or using any of the Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Service's Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or on notices that are sent to you. Please read them carefully. If you do not agree with these Terms and Conditions, please do not use the www.5wh.com Services.
Sometimes additional terms may apply. When you use a specific www.5wh.com service you also will be subject to the guidelines, terms and agreements applicable to that www.5wh.com service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
The terms and conditions may be modified from period to period and the date of the most recent revision will appear on the page. We urge you to check back with some regularity.
PRIVACY
Please review our Privacy Notice to inform yourself about our practices and policies. The Privacy Notice also governs your use of www.5wh.com services
MONITORING
We attempt to ensure that a productive and enjoyable experience is provided to our users, so we may monitor activity on the website to ensure compliance with this agreement. Nevertheless, we do not make any warranties or guarantees.
ELECTRONIC COMMUNICATIONS
When you use www.5wh.com services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other www.5wh.com means of communications and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER EIGHTEEN
5WH does not invite children on this website. 5WH will not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you may use www.5WH.com only with permission of a parent or guardian.
COPYRIGHT
All content included in or made available through any www.5wh.com service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of www.5wh.com. or of a contractor or content supplier and protected by United States and international copyright laws. The compilation of all content included in or made available through any www.5wh.com service is the exclusive property of the writer, the creator, a purchaser of rights, or www.5wh.com and protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through www.5wh.com are trademarks or trade dress of www.5wh.com in the U.S. and other countries. www.5wh.com trademarks and trade dress may not be used in connection with any product or service that is not www.5wh.com , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.5wh.com. All other trademarks not owned bywww.5wh.com that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
PATENTS
One or more patents owned by www.5wh.com apply to the features and services accessible via www.5wh.com services. Portions of the services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, www.5wh.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the www.5wh.com website. This license does not include any resale or commercial use. All resale and commercial use of any contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools are expressly prohibited EXCEPT AS AGREED TO AND THROUGH A SPECIFIC and SEPARATE AGREEMENT FOR THE SPECIFIC ITEM, PRODUCT, OR JOURNALISTIC CONTENT. Any attempt to do so will be null and void and shall be considered a material breach of the agreement.
You are solely responsible for all usage or activity on your account including the use of the your account by any person who uses your registration information with or without authorization or has access to a computer on which your account is accessible.
If for any reason you believe that your account is no longer secure, you must promptly change the affected registration information or notify www.5wh.com about such compromise and change.
All rights not expressly granted to you in these Conditions of Use or any specific agreement for content are reserved and retained by www.5wh.com licensors, suppliers, publishers, rightsholders, or other content providers. No part of any www.5wh.com content or service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.5wh.com.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.5wh.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks belonging to www.5wh.com without the express written consent of www.5wh.com.
You may not use any meta tags or any other "hidden text" utilizing the names or trademarks belonging to vendors or suppliers to www.5wh.com without the express written consent of www.5wh.com and the owners- vendor or supplier.
You may not misuse the www.5wh.com materials or services provided by www.5wh.com. You may use the website and services and materials provided by www.5wh.com only as permitted by law. The licenses granted by www.5wh.com terminate if you do not comply with these Conditions of Use or any Service Terms.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process, to:
If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them.
You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any www.5wh.com server, or any of the products or services provided on, accessed from or distributed through the Services.
You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the www.5wh.com, or any network connected to the www.5wh.com Services.
You may not provide or post any graphics, texts, photographs, video, audio and any other material that invades anothers privacy or illustrates, references or encourages conduct that constitutes a criminal offense, gives rise to civil liability or violates state, federal or international law or regulation. This website is meant for the use of lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You agree not to disrupt, attack, modify or interfere with the website or its associated servers, hardware and software in any way. You agree not to impede or interfere with others use of the website.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.5WH.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 5WH and 5WH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 5WH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 5WH of the site or any association with its operators.
Certain services made available via www.5WH.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.5WH.com domain, you hereby acknowledge and consent that 5WH may share such information and data with any third party with whom 5WH has a contractual relationship to provide the requested product, service or functionality on behalf of www.5WH.com users and customers.
INTERNATIONAL USERS
The Service is controlled, operated, and administered by 5WH from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 5WH Content accessed through www.5WH.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
YOUR ACCOUNT
You will need your own www.5wh.com account to use most of our services and access the restricted content. You may be required to be logged in to your account. If you want to purchase a product, service, or other content you must have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You may not imitate or pretend to be someone else when registering and or setting up an account on the Website. If any of your registration information changes, you must update by using the appropriate updating mechanisms.
If you are under 18, you may use our website or any services on our website only with the permission of your parent or guardian. Parents and guardians may create profiles for teenagers and are responsible for the actions or inactions of their ward that creates any type of liability . www.5wh.com reserves the right to refuse service, terminate accounts, terminate your rights to use services, remove or edit content, or cancel orders in our sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is PERMITTED by the terms of your agreement and that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. www.5wh.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you post content or submit material without first entering into an agreement with www.5wh.com, by doing so you grant www.5wh.com nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. In the alternative, if you post content or submit material as a registered journalist, unless we indicate otherwise, you are doing so by a specific agreement between you and www.5wh.com. You grant www.5wh.com and purchaser or sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.5wh.com for all claims resulting from content you supply. www.5wh.com has the right but not the obligation to monitor and edit or remove any activity or content. www.5wh.com accepts no responsibility and assumes no liability for any content posted by you or any third party.
INDEMNIFICATION
You agreed to indemnify www.5wh.com and its associates including employees, agents and third party service providers and to hold each of them harmless from any and all claims and liabilities which may arise from your submissions, from breach of this agreement or any such acts through your use of the website.
INTELLECTUAL PROPERTY COMPLAINTS
www.5wh.com will not knowingly or willingly violate the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases and the risk of loss and title for such items pass to you upon our delivery to the email address supplied by you.
RETURNS, REFUNDS AND TITLE
www.5wh.com does not issue refunds. For any payment disputes, please review your contract whereby you sold or purchased a product or an item.
PRODUCT DESCRIPTIONS
www.5wh.com tries to be as accurate as possible. However, www.5wh.com does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free except as provided by the written agreement between you and www.5wh.com. If a product itself is not as described, your sole remedy is provided by your written agreement.
PRICING
All prices of a product will be stated in the written and specific agreements as provided by a supplier, or seller and between the buyers or purchasers. We will check prices against prices recently found agreed to by and between other parties.
With respect to items sold on our website, the listed price is controlling.
We generally do not charge your credit card until we make the digital product available is transmitted to you.
APP PERMISSIONS
App permissions incorporate all these terms and conditions. To learn more about these permissions, please email us.
SANCTIONS AND EXPORT POLICY
You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including www.5wh.com Software), technology, and services. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). www. 5h.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
www.5wh.com. WEBSITE AND ANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WWW.5WH.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OUR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WWW.5WH.COM. WEBSITE AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WWW.5WH.COM. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WWW.5WH.COM. SERVERS OR ELECTRONIC COMMUNICATIONS SENT FRO WWW.5WH.COM. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WWW.5WH.COM.WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WWW.5WH.COM. SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY WWW.5WH.COM., INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective/consolidated actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 5WH agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of www.5wh.com. www.5wh.com reserves the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMINATION/ACCESS RESTRICTION
5WH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
APPLICABLE LAW
By the use of our web site, and to the maximum extent permitted by law, and without regard to principles of conflict of laws, you agree these Conditions of Use and any dispute of any sort that might arise between you and www.5wh.com are governed by the laws of the State of Maryland, the Federal Arbitration Act, applicable federal law, and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 5WH as a result of this agreement or use of the Site. 5WH's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 5WH's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 5WH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified by registration and the documents agreed to up on registration herein, this agreement and the Privacy Notice constitute the entire agreement between the user and 5WH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 5WH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Please check these Terms and Conditions periodically for any modifications. Your continued use of any www.5wh.com Service following the posting of any changes will mean that you have accepted and agreed to the changes.
OUR ADDRESS
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
www.5wh.com. accepts service of subpoenas or other legal processes only through its registered agents. Subpoenas or other legal process may be served by sending them to the following address:
Lalit K Jha
6215 Rockhurst Road
Bethesda, Maryland 20817
ceo@5wh.com
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Officer at:
Copyright Officer: Lalit K Jha
Courier address: 6215 Rockhurst Road
Mailing Address: Bethesda, Maryland 20817
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.