Terms of Use 2017-03-02T20:08:20+00:00

WHATTUDU TERMS OF USE

 

Welcome to WhatTuDu! By using any of the WhatTuDu products, software, or services available at http://www.whattudu.com/ (collectively referred to as “Services”), you agree to be bound by the following terms and conditions of use (“Terms”).

These Terms set forth the rules that govern WhatTuDu’s relationship with you. Please read these Terms carefully because these Terms form a legally binding contract between you and WhatTuDu. By using the Services, you acknowledge that you have read these Terms and agree to be bound by these Terms, irrevocably and in perpetuity.

WhatTuDu reserves the right, at its discretion, to change, modify, add, or remove portions of its terms of use at any time. WhatTuDu will post a notice any time these Terms have been materially changed. It is your responsibility to review these Terms, and if at any time you find these Terms unacceptable, you should cease all use of the Services. Your continued use of the Services signifies that you agree to be bound by these Terms as they are amended.

 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND WHATTUDU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 

 

  1. WHATTUDU USERS

You must be 13 years or older to use this site, as the Services are intended solely for users that are 13 years of age or older. No one under the age of 13 is allowed to create an account or use the Services and the registration by, use of or access to the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use.

By using the Services, you affirm that:

o If you’re between 13 and 17 years old, your parent or legal guardian has reviewed and agreed to these Terms;

o You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

  1. USE OF THE SERVICES

WhatTuDu’s Services allow WhatTuDu Users (“Users’) to create, upload, post, send, receive, and store content. You grant WhatTuDu a worldwide, perpetual, royalty-free, sub licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all media or distribution methods now known or later developed.

WhatTuDu users may not post or send content that:

o Violates or infringes another person’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;

o Bullies, harasses, or intimidates; or

o Defames another person or entity.

The content is the sole responsibility of the User that created it. Although WhatTuDu reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, WhatTuDu does not necessarily review all of it. So WhatTuDu does not take responsibility for any content that Users provide through the Services. WhatTuDu may access, review, screen, and delete your content at any time and for any reason, including if WhatTuDu thinks your content violates these Terms. You alone though remain responsible for the content you create, post, store, or send through the Services.

 

  1. USER VIOLATIONS

By using the Services, you agree that you will not:

o Use the Services for any purpose that is illegal or prohibited in these Terms;

o Use any automated means or interface to access the Services or extract other User’s information;

o Use or develop any third-party applications that interact with other Users’ content or the Services without WhatTuDu’s written consent;

o Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services

o Use the Services in any way that could damage, disable, overburden, or impair the functioning of the Services;

o Use or attempt to use another User’s account, username, or password without their permission;

o Post content that contains pornography, threats, hate speech, or incitements to violence;

o Attempt to circumvent any content-filtering procedures WhatTuDu employs

WhatTuDu reserves the right at its discretion at any time and for any reason to terminate your use of the Services. To ensure that WhatTuDu provides a high quality experience for you and for other users of the Services, you agree that WhatTuDu or its representatives may access and/or review information provided when use the Services on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. WhatTuDu reserves the right to terminate your registration or your access to the Services immediately, with or without notice to you, and without liability to you, if WhatTuDu believes that you have violated any of the Terms, provided WhatTuDu with false or misleading information, or interfered with others’ use of the Services.

You agree that you are solely responsible for (and that WhatTuDu has no responsibility to you or any third party for) any breach of your obligations under the Terms and for consequences of any such breach.

 

  1. PRIVACY POLICY

WhatTuDu respects your privacy and permits you to control the treatment of your personal information. You can learn how WhatTuDu handles User information when you use the Services by reading WhatTuDu’s Privacy Policy. Users should give the privacy policy a careful look because, by using WhatTuDu’s Services, you agree that WhatTuDu can collect and use your information consistent with that policy. WhatTuDu’s privacy policy is expressly incorporated into these Terms by this reference.

 

  1. USER LICENSE

WhatTuDu grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that is consistent with these Terms.

Any software that WhatTuDu provides you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

 

  1. ADVERTISEMENTS & PROMOTIONS

WhatTuDu reserves the right to post advertisements, promotions, and similar content through the Services. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. These advertisements may be targeted to the content of information stored on or made available to WhatTuDu’s Services. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. You agree that WhatTuDu may place such advertising on the Services and you must not block such advertising.

These third party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from WhatTuDu’s Terms, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Services are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like. WhatTuDu hereby disclaims all liability, direct or indirect, in connection therewith.

 

  1. THIRD PARTY SERVICES

You understand that WhatTuDu can use third party services to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.

If you use a service or feature that is operated by a third party and made available through WhatTuDu’s Services, each third party’s terms will govern the respective party’s relationship with you. WhatTuDu is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.

 

  1. GEOGRAPHIC RESTRICTIONS

The Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

 

  1. NO WARRANTIES

WHATTUDU HEREBY DISCLAIMS ALL WARRANTIES. WHATTUDU IS MAKING THE SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHATTUDU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WHATTUDU DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO REFRAIN FROM USING THE SERVICES.

 

  1. LIMITED LIABILITY

WHATTUDU’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHATTUDU BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY WHATTUDU. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless WhatTuDu and its directors, officers, employees, consultants, representatives, and agents from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of: your use of the Services; any material you submit, post, upload, email or otherwise transmit using the Services; any material you submit to the Services; or your violation, breach or alleged violation or breach of these Terms of Use.

 

  1. GOVERNING LAW

Those who choose to access the Services do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA, and, by using the Services, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

 

  1. ARBITRATION

You agree that all disputes between you and WhatTuDu with regard to your relationship with WhatTuDu, including without limitation disputes related to these Terms of Use, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and WhatTuDu hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules.

You may bring claims only on your own behalf. Neither you nor WhatTuDu will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in consolidated claims involving another person’s account, if WhatTuDu is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either WhatTuDu or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

 

  1. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

  1. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and WhatTuDu and governs your use of the Service, superseding any prior agreements between you and WhatTuDu.