Agreement between User and www.watshood.
comWelcome to WatsHood. WatsHood social network is comprised of various web pages operated by Domestic Activities INC (“WatsHood”). WatsHood is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of WatsHood constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
WatsHood is a Social Network Platform where users review and/or share content with the public.
Visiting WatsHood or sending emails to WatsHood constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the WatsHood Services, satisfy any legal requirement that such communications be in writing.
Registration Information: Upon creating an account you agree to submit accurate, true and complete information about yourself and/or your establishment. Users must maintain and update Registration Information to keep it current, accurate, true and complete. If there are reasonable grounds to suspect that Registration Information is inaccurate, untrue or incomplete we reserve the right to suspend or terminate your account and refuse any current or future use of these Services. You acknowledge and agree that we rely on your Registration Information to send you information regarding your account with our services.
If you use this service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device(s), and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WatsHood is not responsible for third party access to your account that results from theft or misappropriation of your account. WatsHood and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Third Party Accounts (Optional)
Third Party Accounts is an optional feature. You will be able to connect your WatsHood account to third party accounts. By connecting your WatsHood account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party services). If you do not want information about you to be shared in this manner, do not use this feature.
Children Under Thirteen
WatsHood does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use WatsHood only with permission of a parent or guardian.
Users can cancel and deactivate their account at any time. Allow up to 90 days from deletion for all data in back up systems to be removed. Any cancellations made after ads or boost(s) are posted will not qualify for a refund.
Links to Third Party Sites/Third Party Services
WatsHood may contain links to other services or websites (“Linked Sites”). The other services or Linked Sites are not under the control of WatsHood and WatsHood is not responsible for the contents of any other service or Linked Site, including without limitation any link contained in other services or a Linked Site, or any changes or updates to other service or a Linked Site. WatsHood is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WatsHood of the site or any association with its operators.
Certain services made available via WatsHood are delivered by third party sites and organizations. By using any product, service or functionality originating from WatsHood, you hereby acknowledge and consent that WatsHood may share such information and data with any third party with whom WatsHood has a contractual relationship to provide the requested product, service or functionality on behalf of WatsHood users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of WatsHood or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on WatsHood Services. WatsHood content is not for resale. Your use of these Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WatsHood and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WatsHood or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The WatsHood Services may contain bulletin board services, chat areas, news groups, forums, communities, personal pages, stories, business pages, calendars, events, private information, public information, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
WatsHood has no obligation to monitor the Communication Services. However, WatsHood reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WatsHood reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
WatsHood reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WatsHood’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WatsHood does not control or endorse the content, messages or information found in any Communication Service and, therefore, WatsHood specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WatsHood spokespersons, and their views do not necessarily reflect those of Wa t s Hood.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
WatsHood grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of allowing you to use and enjoy our Services and benefits in ways that are outlined in our Terms and policies.
Features of WhatsHood will periodically be updated and automatically downloaded and or manually installed. Adjustments to automatic downloads can be made through the device’s settings.
You may not distribute, sell, lease, copy or modify any part of WatsHood’s services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have WatsHood’s written permission to do otherwise.
You will be responsible for any mobile charges incurred for using WatsHood’s services, including but not limited to text-messaging and data charges. Please speak with your service provider for details of those charges.
Any changes to the mobile phone number used to create your WatsHood account, must be updated in your account information in the Settings within 48 hours to avoid any correspondence errors.
Most of WatsHood content is produced and provided by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, that content is the sole responsibility of the person or organization that submitted it. WatsHood reserves the right to review and/or remove all content that appears on its Services. However, we CANNOT, and DO NOT, take responsibility for ANY content provided by others through WatsHood.
It is clear through our Terms that our Service uses are made with and for good intent. Certain content has been forbidden as outlined in our Terms and Conditions. However, WatsHood
CANNOT guarantee will always conform to our Terms or Conditions. Please report any content that is not in compliance with our Terms and Conditions
WatsHood respects the rights of others. You, therefore; may not use WatsHood, or enable anyone else to use WatsHood, in a manner that:
. violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right
. bullies, harasses, or intimidates
. spams or solicits our users
You must respect the rights of WatsHood Services. Under our Terms you are not granted any right to do (or enable anyone else to do) any of the following:
. use designs, photographs, branding, logos, videos, or any other materials used in WatsHood
. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of WatsHood or the content of these Services except as set forth in these Terms
. use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent
In summary: No Services or content provided by WatsHood may be used in ways that are not authorized and outlined by these Terms.
Any infringing materials meeting the requirements set forth in the Digital Millennium Copyright act will be expeditiously removed from WatsHood and its Services. All reasonable steps will betaken to terminate any users’ accounts who repeatedly infringe copyrights. If you suspect copyright infringement, please contact us immediately via email at firstname.lastname@example.org.
You are responsible for all mobile charges incurred using our Services, including text-messaging and data charges. Please check with your service provider for details and fees.
You must report any change or deactivation in your mobile device number within 48 hours to avoid any communication errors.
Materials Provided to WatsHood or Posted on Any of WatsHood Services
WatsHood does not claim ownership of the materials you provide to WatsHood (including feedback and suggestions) or post, upload, input or submit to any WatsHood Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WatsHood, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. WatsHood is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WatsHood’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by WatsHood from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WatsHood Services and Content accessed through WatsHood in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless WatsHood, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WatsHood reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with WatsHood in asserting any available defenses.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless WatsHood, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and WatsHood agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DOMESTIC ACTIVITIES INC AND/OR ITS SUPPLIERS? MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DOMESTIC ACTIVITIES INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DOMESTIC ACTIVITIES INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WATSHOOD ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, FREE OF ERRORS, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, INTERRUPTION, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
WATSHOOD WILL TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OFFENSIVE, MISLEADING, INAPPROPRIATE, BIASED, OR ILLEGAL CONTENT. WATSHOOD WILL NOT BE RESPONSIBLE FOR ANY UPLOADS, POSTS, CONTENTS SENT, RECEIVED OR STORED ON OR THOUGH WATSHOOD SERVICES BY YOU, ANOTHER USER OR CREATED BY A THIRD PARTY. YOU UNDERSTAND AND AGREE
THAT YOU MAY BE EXPOSED TO CONTENT THAT MAY NOT AGREE WITH YOUR JUDGEMENT AND MAY OR MAY NOT BE HIGHLY OFFENSIVE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOMESTIC ACTIVITIES INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, MULTIPLE DAMAGES FOR LOSS OF USE, DATA OR PROFITS/REVENUES, LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY DIRECTLY OR INDIRECTLY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, INCLUDING (A) ANY USERS USE OF SERVICES, ABILITY OR INABILITY TO ACCESS THE SERVICES; (B) OTHER USERS OR THIRD PARTIES CONTENT OR CONDUCT ON OR THROUGH WATSHOOD; OR (C) ANY USER OR THIRD PARTIES THAT GAINS UNAUTHORIZED ACCESS, USE, OR ALTER ANY OF YOUR CONTENT, IF WATSHOOD WAS INFORMED OF THE PROBABILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL WATSHOOD ASSEMBLAGE LIABILITY FOR ALL CLAIMS PERTAINING TO THE SERVICES EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID WATSHOOD, IF ANY, IN THE LAST 6 MONTHS.
WatsHood reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes
arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WatsHood as a result of this agreement or use of the Services. WatsHood’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WatsHood’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by WatsHood with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WatsHood with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WatsHood with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
WatsHood reserves the right, in its sole discretion, to change the Terms under which WatsHood is offered. The most current version of the Terms will supersede all previous versions. WatsHood encourages you to periodically review the Terms to stay informed of our updates
Contact UsWa t s Hood welcomes your questions or comments regarding the Terms: Domestic Activities INC PO Box 3778 Newark, New Jersey 07103
Email Address: email@example.com Effective as of October 25, 2018