Terms of Agreement
Effective: June 20, 2017
By using the Weithy (“Weithy”, “we”, “us”, or “our”) website or mobile applications (collectively, the “Services”), you (“User”, “Subscriber”, or “you”) agree to be bound by these Terms of Agreement. If you do not agree to these Terms of Agreement, in part or in whole, then you are not allowed to use the Services.
Weithy retains the right to change this Agreement at any time. Any changes will be made known either by posting a notice inside the Services or through an email where practicable. You are responsible for becoming aware and familiar with any changes made to this Agreement.
1) You must be at least 13 years of age in order to use the Services.
2) You may not post nude, sexually explicit, violent, discriminatory, unlawful, hateful videos, or anything that can be considered as objectionable material.
3) Posting illegal or copyrighted content is strictly prohibited.
4) You may not impersonate anyone other than yourself, unless explicit written consent has been given in advance.
5) You are solely responsible for the activity on your account and you may not sell or license your account, in part or in full, to another entity.
6) You are responsible for keeping your password secure.
7) You may not access (or “hack”) Weithy private API or reverse engineer our software.
8) You are responsible for following all laws and regulations while using the Service. This includes, but is not limited to, international, federal, state, and local laws.
9) You will not harass, bully, threaten, or endanger the safety of any person or persons.
10) All text (username, passwords, email addresses, comments, email submissions, post titles, etc.) must be in English characters.
11) All content published must be owned by you.
12) You will not attempt to cause harm or disruption to the services by any means, including but not limited to spyware, malware, viruses, worms, trojan horses, or any other code/content that would interfere with Weithy services.
13) Violation of any of the terms above will result in immediate deactivation of your account and possible legal actions may be pursued.
Weithy does not claim ownership of User Content. By using our Services, however, you do grant us a non-exclusive, royalty-free, and sub-licensable license to use the User Content posted on our Services.
You agree that all User Content posted by you is owned by your or the rights thereof have been explicitly granted to you. In other words, you agree to not post any User Content that does not belong to you without permission. And any User Content that infringes on any copyrights, trademarks, or other ownership, will be solely recompensed by you and you will assume the result of any legal actions that may be filed against unlawful or stolen User Content posted by you.
Weithy logo and name ore trademarked and may not be used or copied in part or in full unless explicit written permission is given.
The Services may be interrupted from time to time due to scheduled maintenance or vital bug fixes. We maintain the right to restore or remove any content at our sole discretion. You agree to maintain your own backups of any User Content posted. Weithy is not responsible for any lost data.
You acknowledge that Weithy does not endorse, support, or accept responsibility for any User Content posted. We are not required to monitor, prescreen, or remove any User Content unless we deem it necessary.
Weithy does not accept any ideas, comments, or suggestions on how to use or improve our Services. Any ideas, comments, or suggestions thereof submitted by you is done under the agreement that such information is free to use. And proprietary legal action will not be sought.
COPYRIGHT / IP INFRINGEMENT:
If you have noticed that User Content has violated any copyright or other IP laws, please send us an email through our Contact Us page and send any relevant information. We will review the request and take appropriate actions when necessary.
DISCLAIMER OF WARRANTIES:
THE WEITHY SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE WEITHY PARTIES (INCLUDING BUT NOT LIMITED TO THE LLC, EMPLOYEES, MANAGERS, AND OFFICERS) DISCLAIMS ANY WARRANTIES OR ENDORSMENTS, EXPRESS OR IMPLIED, TO THE SERVICES, CONTENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPUSE, NON-INFRINGEMENT, TITLE, AND TRADE TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FURTHERMORE, WEITHY DOES NOT CLAIM ANY WARRANTIES OF ANY KIND THAT THE USE OF THE SERVICES WILL BE (A) FREE FROM ERRORS, (B) OPERATE UNINTERRUPTED, (C) WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR HARDWARE, (D) BE FREE FROM HARMFUL CONTENT, INCLUDING BUT NOT LIMITED TO VIRUSES, MALWARE, OR MALICIOUS SOFTWARE OF ANY KIND, AND (E) OPERATE UNDER YOUR EXPECTATIONS OR REQUIREMENTS.
BY ACCESSING AND/OR USING THE SERVICE YOU WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN ALL JURISDICTIONS WHERE THE SERVICE IS USED OR ACCESSED BY YOU.
THE WEITHY PARTIES DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEITHY PARTIES SHALL NOT BE LIABLE FOR: (A) ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TUMBLR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE WEITHY PARTIES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH WEITHY MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
YOU (AND ANY THIRD PARTY FOR WHOME YOU REPRESENT ON THE SERVICE) AGREE TO DEFEND, INDEMNIFY, AND HOLD THE WEITHY PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS, LIABLITIES, DAMAGES, LOSSES, AND EXPENSES RESULTING FROM ANY OF THE FOLLOWING: (A) YOUR CONTENT, ACCESS TO, OR USE OF THE SERVICE, (B) YOUR BREACH (ALLEGED OR OTHERWISE) TO THESE TERMS OF AGREEMENT, (C) YOUR VIOLATION TO ANY THIRD-PARTY RIGHT, (D) YOUR VIOLATION OF ANY LAWS, RULES, OR REGULATIONS OF ANY KIND ACCORDING TO ANY GOVERNMENTAL AUTHORITIES, AND (E) ANY MISREPRESENTATION COMMITTED BY YOU. YOU WILL COOPERATE AS FULLY REQUIRED BY WEITHY IN THE DEFENSE OF ANY SUCH CLAIM. WEITHY RESERVES THE RIGHT TO ASSUM THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF WEITHY.
GOVERNING LAW AND VENUE:
Either party may terminate the terms of this agreement at any time by notifying the other party. WEITHY may terminate or suspend your account at any time without any prior notice for any or no reason.