MY INTERESTS

LOCAL GUIDES

Terms Of Access

Welcome to www.TalkingPhoneBook.com (the "Site"), a web site maintained by White Directory Publishers, a division of Hearst Holdings, Inc. ("Publishers"). In these terms, the user of the Site is referred to as "you". Your use of the Site is subject to the following terms:

1. ACCEPTANCE

These terms govern your use of the Site. Any use of the Site by you conclusively indicates that these terms have been reviewed and accepted by you.

2. ADDITIONAL PROVISIONS

There may be additional terms relating to your use of other portions of the Site that are contained elsewhere on the Site. For example, if you use the e-mail service available on the Site, such use will also be governed by the terms relating to such use that are contained elsewhere on the Site.

3. CONTENT

Any content contained on the Site ("Content") is subject to change by Publishers without notice. All right, title and interest in any Content belongs to Publishers or to an individual or entity (a "Person") supplying it to Publishers (including, but to limited to, The Associated Press). You may access and, subject to paragraph 5, use any Content for any legitimate purpose; provided, however, that you may not use the Site or any Content for any purpose prohibited by Publishers or any Person supplying Content to Publishers (a "Provider"), in its sole discretion, upon notice of such purpose from Publishers or such Provider, as applicable. Any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose is prohibited.

4. INTELLECTUAL PROPERTY RIGHTS

The Site may contain trademarks, service marks and copyrighted materials owned by Publishers or a Provider. All such trademarks, service marks and copyrights, as well as all other intellectual property rights in or relating to the Site or any Content, are owned by Publishers or a Provider. Access to the Site does not give you a right to copy or use any intellectual property of Publishers or a Provider, except as set forth in paragraph 5. You may only use such intellectual property as authorized in writing by Publishers or by a Provider, as applicable.

5. COPIES

You make a single copy of any Content for the purpose of your learning about any services or products of Publishers or for any other legitimate purpose not prohibited by Publishers or a Provider. Except as set forth in the preceding sentence, you are not authorized to copy, display, distribute, download, modify, print, store, transmit or use any Content. You shall use your best efforts to stop any such copying, displaying, distributing, downloading, modifying, printing, storing, transmitting or use immediately after it becomes known to you.

6. DISCLAIMER

THE SITE AND ALL CONTENT IS MADE AVAILABLE TO YOU "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, (A) PUBLISHERS AND EACH PROVIDER DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND (B) NEITHER PUBLISHERS NOR ANY PROVIDER WARRANTS OR REPRESENTS THAT (I) ANY USE OF THE SITE OR ACCESS TO ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, (II) DEFECTS IN THE SITE OR ANY CONTENT WILL BE CORRECTED, (III) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE OR (IV) ANY CONTENT IS ACCURATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LINKS

The Site may from time to time be linked to other web sites that are not operated by Publishers. The Company is not responsible for any content contained on such other web sites or otherwise with respect to such other web sites. No link from the Site to another web site, or from another web site to the Site, is an endorsement, sponsorship or recommendation by Publishers of such other web site. The Company will have no liability to you arising from any link from another web site to the Site or from the Site to another web site.

8. INFORMATION PROVIDED

All comments, graphics, ideas and other information provided by you to Publishers through the Site will become the property of Publishers without any compensation to you. To the extent you are requested to provide any information to Publishers while using the Site, such information must be accurate and complete in all respects.

9. INFORMATION COLLECTED

The Company may collect information (including, but not limited to, addresses, credit card information, phone numbers, and length of time spent by you on the Site) from you and your use of the Site for many purposes. You consent to Publisher.s using such information for any lawful purpose (including, but not limited to, improving Content and statistical analysis) and in accordance with any privacy policy adopted by Publishers and posted on the Site, as such policy may from time to time be amended by Publishers.

10. MISUSE OF INFORMATION

The Company will use precautions to protect any information provided by you to Publishers through the Site from misuse. However, Publishers does not guaranty that any such information is secure from misuse and Publishers will not have any liability to you for any misuse of such information.

11. LIMITATION ON LIABILITY

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY THE COMPANY. SOME STATES TO NOT ALLOW THE EXCLUSION ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You will indemnify and hold harmless Publishers and each Provider from and against all costs, damages, expenses and losses incurred by Publishers or such Provider (including, but not limited to, fees and disbursements of counsel to Publishers) in connection with your use of the Site or any Content, except to the extent such costs, damages, expenses and losses are incurred by Publishers solely due to the gross negligence or willful misconduct of Publishers or such Provider, as applicable.

13. THIRD-PARTY BENEFICIARIES

Each Provider will be a third-party beneficiary of these terms and may enforce any of these terms in his, her or its own name.

14. TERMINATION AND MODIFICATION

The Company may at any time terminate the Site or modify any Content without notice to you and without any liability to you for such termination or modification.

15. NOTICES

You may send notices to Publishers at info@talkingphonebook.com or White Directory Publishers, a division of Hearst Holdings, Inc., 1945 Sheridan Drive, Buffalo, New York 14223, Attn: Customer Service. Any such notice will be effective only upon actual receipt by Publishers. The Company may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the Site.

16. MISCELLANEOUS

These terms (a) may be amended by Publishers at any time without notice to you, or by you and Publishers in a writing executed by you and Publishers, (b) inure to the benefit of, and are binding upon, you and Publishers and each of your and Publisher's successors and assignees, except that you may not assign any of your obligations under such terms without the prior written consent of Publishers, (c) are governed by, and will be interpreted and enforced in accordance with, the internal laws of the State of New York, without regard to principles of conflict of laws, and (d) constitute the entire agreement between you and Publishers with respect to the subject matter of this Agreement, and supersede all course of dealing and other conduct previously pursued, and each prior oral and written proposals, representations, understandings and agreements. You and Publishers will submit any dispute relating to the Site, any Content or these terms exclusively to a federal or state court located in the county of Erie, New York and consent to its being a proper venue for such dispute.