Terms and Conditions
WhattaPlayTM Terms of Service
The following Terms of Service govern our relationship with users and others who interact with WhattaPlay. By using or accessing WhattaPlay, you agree to be bound by these terms.
WhattaPlay may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Sharing Your Content and Information
You own all of the content and information you post on WhattaPlay, and you can control how it is shared through Club settings. In addition:
For content that is covered by intellectual property rights, like takes, photos and videos (IP content), you specifically give us the following permission, subject to your Club settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with WhattaPlay (IP License). This IP License ends when you delete your IP content or your account.
When you publish content or information using the Select setting, it means that you are allowing everyone, including people outside of WhattaPlay, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about WhattaPlay, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
You are responsible for your content and conduct. You are bound to the following commitments:
1. You provide true, accurate and current personal information.
2. You must be 13 years of age or older.
3. You will not violate any local, state, national or international law or regulation.
4. You will not upload abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, racist, hateful or otherwise objectionable material.
5. You will not pass someone else’s work or IP as your own. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish.
6. You will not upload unsolicited advertising, promotional materials, junk mail, spam or any unlawful multi-level marketing, such as a pyramid scheme.
7. You will not solicit login information or access an account belonging to someone else.
8. You will not upload adware, malware, spyware, viruses or other malicious code.
9. You will not stalk, bully, harass, harm or defame another user.
10. You will not use any data-mining technology or automatic or manual process to copy or distribute any data from our databases.
Copyright Infringement/Trademark Rights
WhattaPlay has a policy of removing user submissions that violate copyright law, suspending access to any user who violates copyright law, and/or terminating in appropriate circumstances the account of any user who violates copyright law.
Content Deletion/Account Termination
WhattaPlay can remove any uploaded content or information that we believe violates the Terms of Service. WhattaPlay also has the right to terminate an account if the user is determined to be a repeat violator of the Terms of Service.
You are responsible for maintaining the confidentiality of your password, and you are solely responsible for all activities that occur under your password. We are not liable for any loss or damage arising from your failure to safeguard your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
Entertainment And Marketing Only
WhattaPlay is strictly for entertainment or marketing purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering. If you know, or have reason to suspect, that the service is being used for purposes of gambling or any other unlawful activity, you must notify WhattaPlay immediately via firstname.lastname@example.org. WhattaPlay may pursue legal remedies against such persons
While we attempt to prevent the visibility of content in Private Clubs, WhattaPlay specifically does not guarantee that such privacy will not be breached due to unintentional software errors. You agree to hold WhattaPlay free from liability in a case where contents of membership or any other facet of Private Clubs is breached. WhattaPlay cannot guarantee privacy of any content.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WHATTAPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WHATTAPLAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WHATTAPLAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WHATTAPLAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL WHATTAPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WHATTAPLAY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless WhattaPlay, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhattaPlay without restriction.