Whamslam.com - Terms and Conditions
Thank you for visiting WhamSlam.com (this “Site”)! This Site is operated by WhamSlam, LLC (“WhamSlam,” “we,” “us” or “our”) and allows you to: (a) participate in interactive features that we may make available; (b) post content to our Site and forums; or (c) simply view this Site. These Terms and Conditions govern your use of this Site and your agreement is a condition of using our Site.
Binding Effect; Modifications to these Terms and Conditions.
This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by WhamSlam from time to time in its sole discretion. WhamSlam reserves the right to make changes to these Terms and Conditions at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.
Age of Users; All Ages Site.
WhamSlam strives to make the Site a fun, safe, and secure platform for users of all ages, including children. As used in the Terms and Conditions, the terms “child” and “children” refer to individuals under 13 years of age.
Modifications to the Site.
WhamSlam shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content and equipment needed for access or use.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to or through the Site.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws, and WhamSlam owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, WhamSlam, and/or affiliated companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by WhamSlam or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site, provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of WhamSlam and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
Communications to the Site; License to WhamSlam.
You hereby grant to WhamSlam a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications that you transmit to this Site (“User Content”), whether by email, posting, uploading or otherwise. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by WhamSlam or generally available browsers. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) solicit personal information of/from others; (v) contain a virus or other harmful component; (vi) contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements; (vii) contain false or misleading indications of origin or statements of fact; (viii) include information you are not authorized to disclose (including trade secrets or inside information about a company); (ix) infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; (x) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or (xi) WhamSlam, in its sole direction, otherwise determines to be offensive. WhamSlam reserves the right to remove, edit, move, or close any thread for any reason or for no reason whatsoever. In addition, WhamSlam reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing WhamSlam to disclose the identity of, help identify, or locate anyone transmitting any such content.
Monitoring; Copyright Complaints.
You agree that WhamSlam has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. Notwithstanding this right, WhamSlam does not and cannot review all materials posted to the Site by users, and WhamSlam assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, WhamSlam may investigate an allegation that content transmitted to this Site is in violation of these Terms and Conditions and determine whether to have the communication removed from this Site. However, WhamSlam is under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
WhamSlam may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify WhamSlam by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the Designated Agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, web-sites) that are owned by third parties. You acknowledge and agree that WhamSlam makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. WhamSlam is not responsible or liable for any damages claimed in connection with content or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY WHAMSLAM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WHAMSLAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHAMSLAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHAMSLAM DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM WHAMSLAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHAMSLAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Exclusions and Limitations.
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; in such jurisdictions, all other provisions of these Terms and Conditions remain in full force and effect. Indemnification.
You agree to indemnify, hold harmless and, upon request, defend, WhamSlam, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, whether such claims are alleged or otherwise, arising out of or relating to your browsing or use of the this Site, content you transmit to this Site, your violation of any rights of another, or your breach of these Terms and Conditions. WhamSlam reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of WhamSlam.
Governing Law and Venue.
These Terms and Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California in all disputes arising out of or related to the use of the Site.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
These Terms and Conditions sets forth the entire understanding and agreement between you and WhamSlam with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our express consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at firstname.lastname@example.org.