Date of Last Revision: January 3, 2021
2. Basic Terms:
- Using this website implies your acceptance of these conditions. If you do not fully accept them, your entry to this site will be considered unauthorized and you will have to stop using it immediately
- You must be 13 years or older to use this site.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your account secure.
- You must not abuse, harass, threaten or intimidate other WiWoch users.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the WiWoch service.
- You must not modify, adapt or hack WiWoch or modify another website so as to falsely imply that it is associated with WiWoch
- You must not create or submit unwanted email to any WiWoch members ("Spam").
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of WiWoch, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your WiWoch account. While WiWoch prohibits such conduct and content on its site, you understand and agree that WiWoch cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the WiWoch service at your own risk.
3. Copyrights and Trademarks
A. The content and services found at this site, including without limitation the text, map, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by WiWoch.com, and are subject to copyright and trademark protection. WiWoch.com actively protects its rights to the Content and its trademarks to the fullest extent of the law.
B. WiWoch.com Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of WiWoch.com.
C. WiWoch.com and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify WiWoch.com and the goods and/or services provided by WiWoch.com. Such marks may not be used under any circumstances without the prior written authorization of WiWoch.com.
D. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to WiWoch.com that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
E. WiWoch.com respects the intellectual property rights of others and expects its users to do the same.
The Services and all images, software, platforms, tools, graphics, data, text, code, the Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the “WiWoch Materials”) are the property of WiWoch.com or its third party licensors and are protected by United States and international intellectual property laws.
5. Marks & Logo
You acknowledge that “WiWoch.com”, the WiWoch.com logo, “WiWoch”, the WiWoch logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of WiWoch.com contained in the Services are trademarks of WiWoch.com (collectively, the “Marks”) and may not be copied, imitated or used without the prior written permission of WiWoch.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
WiWoch.com may provide users with tools to download the Marks via the Services. If you download or otherwise obtain the Marks using such tools, WiWoch.com grants you a limited right to (i) use the Marks for the sole purpose of referencing the Services and (ii) to use only those Marks that are made available to you by WiWoch.com through such tools. Your use of any Marks must be consistent with the size, dimensions, color and other characteristics of the Marks and consistent with any other policies concerning the Marks that we may post on the Site or otherwise make available through the Services from time to time. You may not (i) alter or change the appearance of the Marks, (ii) use the Marks in any manner that suggests WiWoch.com sponsors or endorses a product, service, promotion, contest, or (iii) use the Marks for any other purpose deemed by WiWoch.com to be inappropriate. WiWoch.com has the right to revoke your right to use the Marks at any time at our sole discretion.
You agree that you will not (i) modify or alter the WiWoch.com Materials; (ii) create derivative works of the WiWoch.com Materials; (iii) decompile, disassemble, decode or reverse engineer the WiWoch.com Materials, translate the WiWoch.com Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the WiWoch.com Materials or reduce the WiWoch.com Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the WiWoch.com Materials.
Except as otherwise expressly permitted herein, you may not use the Services or the WiWoch.com Materials to engage in any of the following prohibited activities:
- the collection, copying or distribution of any portion of the WiWoch.com Materials;
- any resale, commercial use, or commercial exploitation of the Services or the WiWoch.com Materials;
- modifying or otherwise making any derivative uses of the Services or the WiWoch.com Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
- with the exception of User Content made available by users for download, the downloading of any portion of the WiWoch.com Materials or any information contained therein; or
- any use of the Services or the WiWoch.com Materials other than for their intended purposes.
You may create a text hyperlink to the Site, provided such link does not portray WiWoch.com or WiWoch.com or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by WiWoch.com at any time. You may not frame the Site or utilize framing techniques to enclose the Site, WiWoch.com Materials, WiWoch.com Marks or other proprietary information without WiWoch.com’s express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. WiWoch.com does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
8. Links to Third-Party Web Site
WiWoch.com may provide hyperlinks to third-party web sites, affiliates and advertisers as a convenience to users of the Web Site. We do not control third-party web sites, affiliates and advertisers and are not responsible for the contents of any linked-to, third-party web sites, affiliates and advertisers or any hyperlink in a linked-to web site. WiWoch.com does not endorse, recommend or approve any third-party web site, affiliate and advertiser hyperlinked from the Web Site. WiWoch.com will have no liability to any entity for the content or use of the content available through such hyperlink.
9. User Content
The Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information or other content or materials (collectively, the “User Content”).
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. WiWoch.com does not claim any ownership, right, title or interest in and to your User Content.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant WiWoch.com a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable WiWoch.com to provide the Services, including to display the User Content on the Services.
10. Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
- User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited messages containing promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of WiWoch.com, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose WiWoch.com or its users to any harm or liability of any nature.
11. Your Account
12. Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. WiWoch.com provides security options and settings for your content available in the settings section of your applicable user account (the “Account Settings”).
We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” from illegally accessing the Services or their contents. WiWoch.com is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify WiWoch.com of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to WiWoch.com.
13. Third Party Services
WiWoch.com does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Services. WiWoch.com makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
14. Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by other users of the Services, WiWoch.com Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including other users of the Services or WiWoch.com Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. WiWoch.com does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the WiWoch.com Vendors. WiWoch.com is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with its users or a WiWoch.com Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
15. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE WiWoch.com MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WiWoch.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE WiWoch.com MATERIALS, AND THE PRODUCTS.
WiWoch.com DOES NOT REPRESENT OR WARRANT THAT THE WiWoch.com MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM WiWoch.com OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WiWoch.com IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. WiWoch.com ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL WiWoch.com OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE WiWoch.com MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM WiWoch.com, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WiWoch.com’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF WiWoch.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE WiWoch.com MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO WiWoch.com FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18. Dispute Resolution
For any dispute you have with WiWoch.com, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Pinterest account. If WiWoch has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
The arbitrator will not be bound by rulings in prior arbitrations involving different WiWoch.com or WiWoch.com users but is bound by rulings in prior arbitrations involving the same WiWoch.com or WiWoch.com user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND WiWoch.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WiWoch.com AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WiWoch.com OR WiWoch.com USERS.
We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. WiWoch.com will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant WiWoch.com a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
21. International Users
WiWoch.com is located in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with WiWoch.com occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
24. Questions or Comments
WiWoch.com is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at contactus@WiWoch.com.com.