Whichit - Terms of service
Whichit UK Ltd. d/b/a Whichit (“Whichit”, “we” or “us”) is a Social App that lets users share options with friends and quickly get their input and opinions (the “Application”). Whichit™ provides the user with the perfect tool to answer the “WHICH” question. The Application may also be accessible from the Whichit Internet website at http://www.getwhichit.com (the “Site”). These Terms of Service (“Terms”) govern your access and use of the Application and Site and all services available through the Site. “You” or “Your” means a user of the Application or Site.
1. Intellectual Property
Whichit and its licensors own the Application and Site, including all worldwide intellectual property rights in the Application and Site, and the trademarks, service marks, and logos contained therein. Except as expressly permitted in these Terms, you may not copy, modify, distribute, display, sublicense, republish, retransmit, create derivative works of, sell or otherwise use the Application or Site or any Content (as defined below) appearing in the Application or Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application or Site.
Certain types of content may be made available through the Application or Site. “Content” as used in these Terms means, collectively, all content on or made available on the Application or Site, including but not limited to videos, pictures and text posted anywhere on the Application or Site, whether by us or by any user.
Whichit may allow users to post Content to the Site, including photographs, graphic files, feedback and recommendations. You are fully and solely responsible for any Content you submit or post to the Application or Site, and represent and warrant that all Content which you post or upload complies with the requirements of these Terms. Whichit may provide you with the opportunity to post content and materials from third party sources. If you post any such content, you represent and warrant that the license terms of such content and materials permit you to post and use such content on the Site or Application. Whichit has no obligation to accept, display, review or maintain any Content. Moreover, Whichit reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. Whichit does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Whichit expressly disclaims any and all liability in connection with Content posted or uploaded by any user.
Content on the Application and Site comes from a variety of sources. You understand that Whichit is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Whichit with respect thereto. It also is possible for others to obtain personal information about you due to your use of the Application, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Application or Site or through any Content. Please carefully select the type of information that you post on the Application or Site or release to others.
You are fully and solely responsible for any Content you submit or post. You agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Application or Site; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Whichit to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Whichit or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that is offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
Whichit may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Whichit reserves the right to treat Content posted or uploaded by users as content stored at the direction of users for which Whichit will not exercise editorial control except when violations are directly brought to Whichit’s attention. Whichit has the right to edit, delete, or move user Content from the Application or Site without notice for any reason at any time.
By posting, uploading or submitting any Content, you grant Whichit and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Application or Site (including to post such Content to any social media Internet sites or services and to allow other users to comment on such Content) in any media formats and through any media channels, including without limitation, for commercially promoting the Application or Site or any of our services.
3. Use Restrictions
The software and technology underlying the Application and Site is the property of Whichit, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Application or Site, including in order to allow you to copy or download any Content; (b) frame or mirror any part of the Application or Site; (c) circumvent, disable, or otherwise interfere with security-related features of the Application or Site or features that prevent or restrict use or copying of any Content; (d) use the Site or Content in connection with any commercial endeavors in any manner; (e) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application or Site; (f) harvest, collect or mine information about other users of the Application or Site; or (g) use or access another user’s account or password without permission.
Whichit may allow you to send certain content to third parties, including via email or SMS. You represent and warrant that you shall not send any message using the Site or Application that is threatening or harassing, and that you shall comply with applicable law and regulations (including any laws or regulations regarding spam or other electronic communications) in sending any such messages.
4. Third Party Content
You may receive coupons or other vouchers from third parties through the Site or Application. Whichit has no liability or responsibility for the content or satisfaction of any such coupons or vouchers. All complaints regarding such coupons or vouchers, or any services or products received with such coupons or vouchers, should be directed towards the third party that provided such coupons or vouchers. Whichit shall have no liability in respect thereof, and no liability in respect of any services or products received as a result of the use of such coupons or vouchers.
You will not be able to share Content without registering to use the Application. We may provide a number of ways to register, including through social networks such as Facebook or Twitter, or by you providing an email address and password. We reserve the right to change the method of registration at any time. Any information you provide during the registration process must be truthful and accurate. If you register through a social network account, you represent and warrant that you have all rights to use such account and register to use the Application through such account. You must be over 12 years of age or have the permission of your parent or guardian in order to use the Application.
You should not reveal your login information to other users. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not register again without our express permission.
You agree to immediately notify Whichit of any unauthorized use of your login information. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Whichit will not be liable for any losses or damage arising from unauthorized use of your account, and you agree to indemnify and hold Whichit harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to: email@example.com that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Application or Site.
6. Business Users
Whichit may provide commercial entities or organizations the opportunity to register as a “Business User”. In order to register as a Business User, Whichit may require that you first obtain a “business code”. If Whichit requires you to obtain a business code, please contact Whichit in order to obtain a business code. Whichit reserves the right to refuse to provide a business code to any entity or organization for any reason, and reserves the right to refuse to allow any entity to register as a Business User. You should keep your business code strictly confidential. Disclosure of your business code to third parties may allow such parties to access your account and take actions on your behalf. You shall be responsible for any and all actions taken through your account. After registration as a Business User, Whichit will provide you with a “Customer Number”, which will serve as a means of identifying you on the Site and Application.
You must provide certain requested information in order to register as a Business User. You represent and warrant that all such information is correct, accurate, and that you have the right to use all such information and brands through the Site and Applications. Whichit reserves the right to terminate the account of any Business User without notice if Whichit reasonably believes that such Business User has violated the letter or spirit of these Terms.
Business Users may provide users with certain coupons, discounts, vouchers or other opportunities (all of the foregoing, “Benefits”). Business Users must ensure that any Benefits clearly and conspicuously state any applicable terms and conditions. Business Users have sole responsibility and liability for all such Benefits, including in response of satisfying any Benefits or commitments in respect of Benefits communicated to a user. Whichit shall direct all complaints and inquiries regarding Benefits to the applicable Business User. Any terms and conditions regarding Benefits shall clearly state that Whichit has no obligations, responsibilities or liabilities in respect of any Benefits. Whichit does not currently charge any amounts in respect of Benefits provided to end users, but reserves the rights to change such policy at any time in the future upon notice.
Whichit may remove or cease displaying any Benefits for any reason, including without limitation Whichit’s reasonable belief that any Benefit or offer for Benefits infringes the intellectual property, publicity or moral rights of any third party, or otherwise may adversely affect Whichit’s business interests.
7. Termination of Account
You agree that Whichit may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Application and Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of Whichit. You may request termination of your Whichit account at any time and for any reason by sending an email to: firstname.lastname@example.org. Any suspension, termination, or cancellation shall not affect your obligations to Whichit under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Application or Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Application or Site.
8. Copyright Infringement
Whichit respects the intellectual property rights of others and expects its users to do the same. Whichit will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Application or Site infringes their rights. If you believe that something appearing on the Application or Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: email@example.com.
Whichit accepts no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the, or for the user’s use of such Content. We reserve the right to remove any Content without prior notice to you, any other user, or any third party. It is our policy to terminate the account of repeat infringers in appropriate circumstances, but we reserve the right to terminate the account of a user that has posted or uploaded any infringing Content.
9. Disclaimers & Disclaimer of Warranty
Your use of the Application, Site and/or Content is at your sole discretion and risk. The Application, Site and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Whichit. WHICHIT expressly disclaims all warranties of any kind, express, implied or statutory, relating to the Application, Site and/or Content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Whichit disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the Application, Site and/or content; or (ii) that the Application and Site will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Application or site.
WHICHIT does not have any liability for any feedback or recommendations provided by users. You are solely responsible for any decisions made as a result of feedback or recommendations provided by other users. WHICHIT does not make any representations or warranties concerning any feedback or recommendations in respect of any matter or any product.
Whichit may provide Business Users with analytics or reports in respect of the Site or Application. Whichit disclaims all representations and warranties in respect of such analytics or reports. Whichit shall not have any liability for any decisions taken on the basis of such analytics or reports.
10. Limitation of Liability
In no event shall WHICHIT or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, and/or consequential damages, arising out of or in connection with your use of the Application, Siteor Content, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the Application or Site, whether the damages are foreseeable and whether or not WHICHIT has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall WHICHIT ‘s cumulative liability to you exceed amounts paid by you to WHICHIT for use of the Application or Site. If you have not made any payments to WHICHIT for the use of the Application or Site, then WHICHIT shall not have any liability towards you.
In addition to the foregoing, Whichit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. Whichit is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Application or Site.
You agree to indemnify, defend, and hold harmless Whichit and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password, including any claim concerning Content posted from your account; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application or Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Application shall be brought exclusively in the courts in Tel Aviv-Jaffa and you irrevocably consent to their jurisdiction. Any cause of action against Whichit must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Whichit or authorizes you to act on behalf of Whichit. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Whichit and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.
Last updated: February 2015