2.1 Applicable laws and this Agreement
You will follow the law and WhazART’s rules: You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
2.2 License and warranty for your submissions to WhazART
- DOs and DON’Ts.
- Complaints Regarding Content Posted on the WhazART Website.
You own the information you provide WhazART under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant WhazART a license to the information you provide WhazART, namely you grant WhazART a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to WhazART, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to WhazART, without any further consent, notice and/or compensation to you or to any third-parties. Any information you submit to WhazART is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. It is your responsibility to keep your WhazART profile information accurate and updated. 2.3 Service Eligibility
To be eligible to enter into this contract and to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a WhazART account, (3) are not a competitor of WhazART or are not using the Services for reasons that are in competition with WhazART; (4) will only maintain one WhazART account at any given time; (5) will use your real name and only provide accurate and truthful information to WhazART; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of WhazART or third-party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and Internet access necessary to use the Services.
The profile you create on WhazART will become part of WhazART and except for the information that you license to us is owned by WhazART. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not copy, sell, trade, or transfer your WhazART account or any part of the Service to another party; and (5) not charge anyone for access to any portion of WhazART, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. 2.5 Indemnification
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third-party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through WhazART. 2.6 Payment
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Professional Services”), you will honor your payment obligations and agree to WhazART storing your payment information. You also agree to pay the applicable fees for the Professional Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your WhazART subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. WhazART does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Professional Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that WhazART’s Professional Services are subject to this Agreement and any additional terms related to the provision of the Professional Service. 2.7 Notify us of acts contrary to the Agreement
If you think you have to breach this Agreement, you will let us know beforehand: if you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. 2.8 Notifications and Service Messages
You are okay with us providing you with important notices: for purposes of service messages and notices about the Services, WhazART may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from WhazART to an email address associated with your account, even if we have other contact information. You also agree that WhazART may communicate with you through your WhazART account or through other means including email, mobile number, telephone, or delivery services including the postal service about your WhazART account or services associated with WhazART.
The contact information you provide must be accurate or you may not receive important notices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. 2.9 User-to-User Communication and Sharing
When you share information, others can see, copy and use that information. WhazART offers various forums and blogs, such as Network Updates, where you can post your observations and comments on designated topics. WhazART also enables sharing of information by allowing users to post updates, including links to news articles and other information such as events or business opportunities, product recommendations, and other content to their profile and other parts of the site. WhazART, in its sole discretion, may close, transfer or remove content from the Website if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and WhazART cannot guarantee that other Members will not use the ideas and information that you share on WhazART. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it into your Network Updates, or elsewhere on WhazART. WHAZART IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON WHAZART. 2.10 Privacy
By submitting ideas, suggestions, documents, or proposals ("Contributions") to WhazART through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information and likewise not infringing materials; (b) WhazART is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) WhazART shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) WhazART may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to WhazART rights to exploit your Contributions or feedbacks; and (f) you are not entitled to any compensation or reimbursement of any kind from WhazART under any circumstances.