Terms and Conditions of Website Use
Please read the following terms and conditions ("Terms") of use carefully before using the When Life mobile and online websites, owned by When Life, LLC (the "Company"), located at http://www.thewhenlife.com/ (the "Website"). Without any additional action on your part, your use, access or viewing of, or submission of any content to or through (collectively, "use"), the Website is subject to, and constitutes your irrevocable acceptance of and agreement with, these Terms. If you do not agree to these Terms, do not use the Website. Before continuing, print off or save a local copy of these Terms for your records.
- General. The Company grants you a limited, non-perpetual, revocable, terminable at-will, non-assignable, non-sublicensable and non-exclusive license to use the Website solely for your personal, informational and non-commercial use. Except for these Terms, which are a binding contract between you and the Company, nothing on the Website is or may be construed as an offer to form a binding contract or grant of any license or transfer of intellectual property or other rights or interests.
- Copyright and Trademarks. The Website and the information on it are the properties of the Company or its members, managers, licensors, successors, or assigns and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. Except as otherwise noted on the Website, the Company owns all trademarks, service marks, tradenames, domain names, logos and other distinctive brand features displayed on the Website. Nothing on the Website grants or should be construed as granting any license or right in or to any trademarks, service marks, trade names, domain names, logos or other distinctive brand features or other intellectual property rights, all of which the Company or their respective owners reserve. You must abide by any copyright notices, information or restrictions contained on any part of the Website.
- Correctness. The Company does not guarantee or warrant the accuracy, correctness or completeness of any information provided, and the Company shall not be liable for any damages or liability arising from the information provided on this site as further provided in Paragraph 8.
- Opinions of Content Contributors. Opinions and other statements of expression made by users and other third parties (such as bloggers, guest contributors or commenters) are theirs alone, and not opinions of the Company. Content created by these third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by the Company. You acknowledge that by providing you with the ability to view and distribute content through the Website, the Company is not undertaking any obligation or liability relating to the content. The Company does not undertake or assume any duty to monitor the Website for inappropriate or unlawful content. The Company assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, the Company reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
- Use of User Generated Content. All content, of any nature, submitted or provided by you to the Company shall be considered “User Content.” You should submit all User Content in electronic format through the Website. However, in the event any hard copy materials are sent to the Company, they shall become the Company’s property and will not be returned. Additionally, any User Content submitted to or uploaded through the Website will also become the Company’s property. The Company has no obligation to retain any User Content provided to it. While the Company may use the User Content, it also has the right to erase, delete, throw away, dispose of or destroy any User Content sent to it in any format without notice. The Company will decide in its sole discretion what User Content to use or not use. The Company makes no promise or guarantee that any User Content provided to it will be used in any manner. If you post or provide User Content, you understand and agree that Company may publish your User Content in its entirety, as an edited version, or not at all, in its sole discretion. The Company may remove, alter, or otherwise edit User Content that it deems inappropriate for any reason, in its sole discretion.
Ownership of User Content. If User Content is used by the Company, you hereby (a) irrevocably assign any and all copyrights and other rights together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other use and exploitation including the creation of derivative works, by the Company and/or by any person authorized by the Company, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint the Company as your agent with full power to enter into any document and/or do any act the Company may consider appropriate to confirm the grant and assignment, consent and waiver set forth herein. You understand that by the grant of such rights, the Company is considered the owner of all rights in the User Content and may do whatever it desires with the Content without any further consent being required from you or any third party. You warrant and represent that you are the copyright owner of the User Content or have acquired the necessary rights from the copyright owner to grant this assignment of right and that the consent of any other person or entity is not required. Furthermore, by granting any of the rights set forth herein, you acknowledge and confirm your rights or the rights of any other person or entity are not being violated.
Further, you grant the Company (including any and all affiliates, agents, contractors, licensees, sub-licensees, subsidiaries or any third party who obtains the User Content from the Company) a worldwide, in perpetuity, non-revocable, royalty free, assignable, sub-licensable right to use your name, biographical information and likeness, as well as the name, biographical information and likeness of any other person, whether they be a minor or adult, who appears in the User Content, in any manner as determined solely by the Company. For purposes of illustration but not limitation, such uses may be for internal purposes, posting on a web site, and marketing, advertising, and promotion of products, merchandise, or any other goods or services in any and all media whether now known or hereafter invented. You will have no right of review and will not be paid any additional consideration or fees as a result of the usage. You hereby warrant and represent that you have the right to grant this license on your own behalf and on the behalf of any person (adult or minor) who appears in the User Content as well.
You understand that the Company is relying on your representations and warranties contained herein. As such, in the event of any claim of any kind or lawsuit or other action by yourself or any third party taken against the Company, or any third party using the User Content with the Company’s permission, based on the Company’s or any such third party’s use of the User Content and/or a claimed breach of the representations and warranties you make in this Agreement (whether said claim is true or not or whether said claim is successful or not), you will be solely responsible for all costs, damages, judgments and expenses (including reasonable attorney fees) which the Company or any third party using the User Content with the Company’s permission incurs as a result of such a claim or action.
- Accounts and Security. If any of the services or features on the Website require the opening of an account, you must complete the registration process by submitting to the Company true, current, complete and accurate information, and you agree to maintain and promptly update such information to keep it true, current, complete and accurate. You may be requested to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of any such user name or password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else's account or password at any time, without the permission of the account holder.
- No Warranties. YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES IS AT YOUR OWN RISK. AS BETWEEN THE COMPANY AND YOU, YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE AND LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, LOST PROFITS OR SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY LINKED WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING AT THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY MAKES NO AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ANY INFORMATION ON THE WEBSITE AND YOUR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS THAT: YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION ON THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR DEFECTS IN THE WEBSITE WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the preceding exclusion may not apply in whole or in part to you.
- No Assumption of Liability. THE COMPANY ASSUMES NO AND DISCLAIMS ALL LIABILITY FOR ANY: MISTAKES OR INACCURACIES IN THE INFORMATION ON THE WEBSITE; ANY FAILURE OR REFUSAL TO UPDATE ANY INFORMATION ON THE WEBSITE; PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION ON THE WEBSITE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY'S SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED IN OR ON THE COMPANY'S SERVERS; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; ANY PROGRAM ROUTINE, DEVICE, CODE OR INSTRUCTION OR OTHER FEATURE THAT A THIRD PARTY MAY SUBMIT, POST, INTRODUCE OR TRANSMIT TO OR THROUGH THE WEBSITE THAT IS CAPABLE OF ACCESSING, MODIFYING, DELETING, DAMAGING, DISABLING, DEACTIVATING, INTERFERING WITH OR OTHERWISE HARMING ANY SOFTWARE, COMPUTER, NETWORK, DATA OR OTHER ELECTRONICALLY STORED INFORMATION, PROGRAM OR SYSTEM, INCLUDING ANY DROP DEAD DEVICE, MALICIOUS LOGIC, WORM, ERROR, DEFECT, TRAP DOOR, BUG, VIRUS, TROJAN HORSE OR THE LIKE (COLLECTIVELY, “VIRUS”) THAT THIRD PARTIES MAY SUBMIT, POST, INTRODUCE OR TRANSMIT TO OR THROUGH THE WEBSITE; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION ON THE WEBSITE; INFORMATION ON OR FUNCTIONALITY OF ANY WEBSITE THAT MAY BE LINKED TO ON THE WEBSITE; OR ANY CONTENT, PRODUCT OR SERVICE THAT A THIRD PARTY OFFERS OR ADVERTISES OR THAT IS REFERENCED ON OR THROUGH THE WEBSITE.
- Prohibited Uses. You are solely responsible for your acts or omissions that occur when using the Website. You may not copy, reproduce, duplicate, sell, trade, distribute, transmit, broadcast, display, license, reverse engineer, decompile, exploit or modify any part of the Website or extract or attempt to extract any source code from the Website. You may not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any information on or which enforce limitations on use of the Website. You may not engage in unacceptable use of the Website including, use of the Website to: transmit unsolicited or unauthorized advertisements, spam, messages, chain letters or unsolicited commercial electronic mail; transmit material that may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; transmit files, graphics, software or other material that actually or potentially infringes, violates or contravenes, breaches or constitutes an unauthorized use or misappropriation of any intellectual property right, including any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any person; submit, post, introduce or transmit any Virus to or through the Website; engage in systematic retrieval of data or other content from the Website by any means (including, the use of scrapers or other tools) to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from the Company; interfere with or disrupt servers or networks connected to the Website; or engage in any other activity that is prohibited by law or applicable regulations or deemed by the Company to be in conflict with the spirit or intent of these Terms.
- Links to Other Websites. The Website may contain links to websites maintained by other companies. The Company is providing these links to you only as a convenience. The inclusion of any link does not and should not imply that the Company endorses or warrants any third-party website or third-party company or product.
- Applicable Law. The Website can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of Alabama, where the Company is located. The laws of the State of Alabama, without regard to its conflicts of law principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any information it contains. With respect to such disputes, you submit to the exclusive personal jurisdiction and venue of any court in Blount County, Alabama and waive any objections or defenses contrary to such submission.
- Indemnification. You will indemnify, hold harmless and defend the Company and its members, managers, attorneys, licensors, successors, or assigns from and against any claim, action, demand, cause of action, suit, proceeding, loss, cost, expense, damage, debt or liability, including reasonable legal costs and attorneys' fees, alleged or asserted by any person or actually incurred by the Company, which arises out of or relates to: (a) your use or of the Website; (b) your breach or violation of any of these Terms; or (c) your breach or violation of any third party right, including any copyright, property, publicity or privacy right.
- Legally Compelled Disclosure. You agree that in the event the Company receives a subpoena issued by a court of competent jurisdiction, a law enforcement or government agency, the Company shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
- Changes to this Notice. The Company may revise or modify these Terms, either in whole or in part, at any time without prior notice to you, and such revisions and modifications will supersede this version of these Terms. You will be bound by any such revisions or modifications and should, therefore, visit this page each time you access the Website to review the then-current Terms. Print off or save a local copy of the then-current Terms for your records.
- General. These Terms are severable and, if any provision is invalid, void or unenforceable in whole or in part for any reason, the remaining provisions will remain in full force and effect. These Terms will be binding upon you and your successors, assigns, heirs, legatees, executors, administrators and representatives. The headings of the sections of these Terms are inserted for convenience of reference only, will not be construed as part of your agreement with the Company under these Terms, and will in no way be construed as defining, limiting or affecting the scope or intent of these Terms. As used in these Terms, the word “may” shall be construed as permissive and the words “will” and “shall” shall be construed as imperative; and the terms “include” or “including” mean “include” or “including” without limiting the generality of any description or word preceding such term. Nothing in these Terms will prohibit the Company from protecting and enforcing its rights under these Terms, its properties and interests to the maximum extent of the law. These Terms are the entire agreement and understanding between you and the Company regarding their subject matter and supersede all prior and contemporaneous agreements and understandings regarding their subject matter, and no agreements, understandings, warranties or representations exist between you and the Company other than these Terms, unless set out in a separate written agreement between you and the Company.
Last Revised May 3, 2017.