Wimp.com (hereinafter “Wimp”) provides the wimp.com website, its User Generated Content, and any services provided in association with its website (collectively “Website”). You agree that, by accessing the Website, you have read, comprehended, and agree to be bound by this Terms of Use agreement (hereinafter “Agreement”). You hereby agree that this Agreement is binding regardless of whether you simply access or use the Website or create a registered user account with the Website.
Wimp provides the Website as a service to its users. By accessing the Website, you agree that Wimp will not be held liable for any services that are provided by third parties not owned or operated by Wimp.
The Website is protected by copyright law and is hereby licensed to you for your lawful use subject to the terms and conditions of this Agreement and the Wimp Copyright Policy. You are hereby prohibited from using the Website for any purpose other than those allowed under this Agreement.
READ THIS TERMS OF USE AGREEMENT. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
WIMP RESERVES THE RIGHT TO MODIFY, DELETE, OR ADD TO THESE TERMS OF USE AT ANY TIME WITHIN ITS DISCRETION. IF WIMP CHANGES THE TERMS OF THIS AGREEMENT, IT WILL CHANGE THE EFFECTIVE DATE OF THIS AGREEMENT LOCATED AT THE TOP OF THIS PAGE. YOU HEREBY AGREE TO BE BOUND BY ANY MODIFICATION OF THIS AGREEMENT. YOU HEREBY AGREE TO REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT PRIOR TO USING THE WEBSITE. YOUR USE OR ACCESS OF THE WEBSITE SUBSEQUENT TO A CHANGE IN THE EFFECTIVE DATE OF THIS AGREEMENT CONSTITUTES AN ACCEPTANCE OF AND AN ASSENT TO THE CHANGE IN THIS AGREEMENT.
1. Use of Website By Registered and Non-Registered Users. Use of the Website outside of the uses explicitly provided for in this Agreement is prohibited. Both registered members and non-registered users hereby agree to be bound by this Agreement.
2. User Competency. You hereby warrant and represent that, by accessing the Website, you are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties in this Agreement. You further agree to abide by and comply with this Agreement.
3. Registered Users. Wimp may, now or in the future, provide you with a registered user account wherein you may post text, videos, music, or other information to the Website. You agree and understand that you have a duty to provide Wimp with the most current, accurate, and complete information about yourself when requested by Wimp. You understand that you have an ongoing duty to continually update your personal information if and when it changes. You agree to keep any user account username and password secure from unauthorized access. You understand and agree that you are responsible for any user account issued to you by Wimp, and you further agree that you take full responsibility for any and all actions that occur using your user account.
4. Privacy Policy. You agree to be bound by Wimp’s Privacy Policy. Wimp’s Privacy Policy is incorporated by reference into this Agreement.
5. Wimp’s Rights in the Website Content. Wimp owns all of the Website, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, interactive features, and the like, as well as their selection and arrangement. The Website also includes any and all trademarks, service marks, trade names, designs, and logos that are contained on the Website. The Website is subject to copyright, trademark, trade secret, and all other intellectual property rights.
Except for any User Generated Content that you may provide, the Website may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Wimp.
6. Wimp’s Rights in Your User Generated Content. Wimp is not responsible for your User Generated Content, including but not limited to any text, photos, profile information, name, likeness, music, advertisements, listings, information, and any other content that you contributed to the Website. You hereby agree and recognized that your User Generated Content belongs to you and that Wimp is not responsible for the content of any User Generated Content that is submitted to the Website. Your User Generated Content is subject to copyright, trademark, trade secret, and other intellectual property rights, including Wimp’s rights in your User Generated Content as outlined below.
You agree to give Wimp an irrevocable and non-exclusive license to use any User Generated Content that you submit to the Website for the purposes of the Website. The purposes of the Website include but are not limited to making copies of your User Generated Content for storage or archival purposes. You give Wimp permission to reproduce, distribute, publish, modify, destroy, or otherwise use or utilize your User Generated Content for the purposes of the Website. You hereby explicitly agree to waive all moral rights in your User Generated Content, and you hereby warrant that you have not otherwise asserted said rights in your User Generated Content.
You warrant and agree that your User Generated Content will not violate or infringe upon the rights of third parties, including but not limited to trademark rights, copyright rights, privacy rights, publicity rights, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain any defamatory material, trade disparagement, or any other unlawful or tortious material.
Wimp will handle all notices of copyright infringement in accordance with its Copyright Policy and the provisions of the Digital Millennium Copyright Act. Wimp’s Copyright Policy is hereby incorporated by reference into this Agreement.
7. Agency and Access to Registered User Accounts. You have the right to appoint others to act as your agent to use the Website. You warrant and agree that any user that you authorize to have access to the Website or your user account has the capacity to contract and is your authorized legal agent. You warrant and agree that you are responsible for any and all access to the Website by any authorized or unauthorized user of your account. It is solely your responsibility to control access to your registered user account and to protect your username and password.
You warrant and agree that you will hold harmless Wimp for any access to your registered user account, whether authorized or unauthorized.
You understand and agree that you are responsible for performing any backups of your User Generated Content. You agree to hold harmless Wimp for any damage to, corruption of, or loss of your User Generated Content.
8. Wimp As Interactive Service Provider. You understand and agree that Wimp is an interactive service provider under the definition outlined in section 230 of the Communications Decency Act. You understand and acknowledge that the Website may contain User Generated Content that is submitted by users and contributed to the Website. You also understand that the Website may contain links to third party websites that are not owned or controlled by Wimp. You understand and acknowledge that Wimp bears no responsibility for these third party websites, their content, or their terms of use agreements, copyright policies, or privacy policies. You understand and agree that you access and use third party websites at your own risk, and you hereby expressly warrant and agree to hold harmless Wimp for any and all liability arising out of your use of third party websites.
Wimp has no duty to review or monitor the Website, but it may choose to do so in its own discretion. Wimp may delete, remove, or archive the Website, including its User Generated Content, for any reason and without notice to you.
Wimp provides the Website as an interactive service provider. You understand and agree that Wimp’s provision of the Website does not imply its endorsement or approval of any third part or User Generated Content.
9. Wimp’s Grant of Limited License. Wimp grants you a limited license to access and use the Website for your own personal non-commercial use. Any other use of the Website is expressly prohibited.
You may not republish, incorporate, or otherwise use the Website without the prior written authorization of Wimp. You are expressly prohibited from using any data mining, robots, scraping, or other data gathering or extraction methods on the Website. Any and all use of the Website must keep intact all copyright, trademark, or other notices, and any and all use must provide the name of Wimp, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Website, if any.
You hereby agree and warrant that you may only use the Website for commercial purposes with the prior written consent of Wimp. Prohibited commercial uses include but are not limited to the sale of the Website content, use of the Website for the purpose of gaining subscription or advertising revenue, and the use of the Website to displace the mark of Wimp.
You hereby agree and warrant that you will not modify the Website or otherwise made derivative works of the Website.
You hereby agree and warrant that you will comply with this Agreement and with any and all applicable local, national, and international laws and regulations.
This limited license will automatically terminate if you breach the terms of this Agreement. Wimp, it is own discretion, may terminate your registered user account and delete any User Generated Content that you submit to the Website for a breach of this Agreement.
10. Trademarks. Wimp’s trademarks, service marks, trade dress, logos, and designs, including but not limited to Wimp, are registered or common-law trademarks, service marks, trade dress, logos, or designs. You many not use the trademarks, service marks, trade dress, logos, or designs of Wimp, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. Wimp’s trademarks, service marks, trade dress, logos, and designs may not be used or imitated without the prior written consent of Wimp.
11. Protection of Children. Wimp and its Website does not knowingly target, market to, or collect personal information from individuals under the age of 18. If you are a parent who believes that Wimp may have collected personal information from your child, please notify Wimp immediately.
12. Warranties, Representations, and Disclaimer. WIMP OFFERS THE WEBSITE ON AN AS-IS BASIS. WIMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU AND YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER YOUR STATE’S LAWS.
WIMP IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED ON THE WEBSITE. WIMP ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A USER ACCOUNT, OR ALTERATION THEREOF.
Wimp reserves the right to discontinue the Website at any time and for any reason.
13. Limitation of Liability. YOU AGREE AND WARRANT THAT WIMP WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF THIS LICENSE OF THE WEBSITE, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY. YOU HEREBY AGREE THAT WIMP WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE WEBSITE SERVICES. IF NO FEES ARE PAID BY YOU TO WIMP, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
14. Indemnification. You agree and warrant that you will indemnify, hold harmless, and defend Wimp, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys fees, that arise from your use of and access to the Website, your violation of this Agreement, your violation of the rights of a third party, including but not limited to a violation of any intellectual property rights, or any claims that your submission of User Generated Content to the Website caused damage to a third party. You agree that this duty and obligation will survive the termination or failure of this Agreement and your use of the Website.
15. Assignment. You are hereby prohibited from assigning your rights or duties granted under this Agreement. Wimp may assign its rights and duties under this Agreement at any time, including in a sale of the Website or Wimp.
16. Additional Terms and Conditions. Any finding that a provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of the Agreement as a whole. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.
No term or provision is waived and no breach of this Agreement is consented to unless said waiver or consent is in writing and signed by the party to be charged with the waiver or consent.
This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the Website. There are no further understandings, agreements, or representations with respect to the Website that are not specified or included in this Agreement. You understand that any additional provisions that may appear in any communication from you will not bind Wimp.
