Terms of Use for Virtual Watercooler (by WhatDaFunk LLC)
Introduction
The Virtual Watercooler mobile App for iOS(R) (the "Virtual Watercooler App" or “App” or “Virtual Watercooler”) is owned and operated by WhatDaFunk LLC, a New York LIMITED LIABILITY COMPANY("WhatDaFunk"). Virtual Watercooler was created to provide employees at companies with a cloud-based platform to network, collaborate and enhance company culture. We have developed these Terms of Use to govern your use of Virtual Watercooler.
Your Acceptance of Terms of Use
Use of the App, associated products, data feeds and services provided to you from the App signifies your agreement to (1) these Terms of Use and (2) the Virtual Watercooler Privacy Policy, found at http://watercoolerapp.tech/privacy-policy. Please read them carefully. This Terms of Use is a binding contract between you and WhatDaFunk, regarding your use of the App. If you do not agree with any of these terms, please exit the App.
“Content” on the Virtual Watercooler App includes voice chat sessions, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Virtual Watercooler App.
Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://watercoolerapp.tech/terms-of-use. WhatDaFunk may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Objectionable Content Prohibited
You may not engage in violent, discriminatory, unlawful, infringing, hateful, or sexually suggestive conversations via the Virtual Watercooler App. Any such offense will result in immediate and permanent ejection from the App..
Membership and Registration
Access to, and use of, the Virtual Watercooler App requires that you create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WhatDaFunk immediately of any breach of security or unauthorized use of your account.
Although WhatDaFunk will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WhatDaFunk or others due to such unauthorized use.
Intended Use of the Service – Permissions & Restrictions
While using the Virtual Watercooler App, and its affiliated services and tools, you agree not to:
- violate any laws or third party rights;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Virtual Watercooler App or using it for purposes unrelated to Virtual Watercooler);
- transfer your Virtual Watercooler account (including feedback) and User ID to another party;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Virtual Watercooler, or the interests or property of Virtual Watercooler users;
- copy, modify or distribute rights or content from the Website, service or tools or WhatDaFunk’s copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent.
Content, Copyrights & Trademarks
The Content on the Virtual Watercooler App, and the trademarks, service marks and logos ("Marks") on the Website and App, are owned by or licensed to WhatDaFunk, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Virtual Watercooler App and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by Virtual Watercooler on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of WhatDaFunk or the respective licensors of the Content. WhatDaFunk and its licensors reserve all rights not expressly granted in and to the Website, Virtual Watercooler App and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Virtual Watercooler App, you will be exposed to Content from a variety of sources, and that WhatDaFunk is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WhatDaFunk with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless WhatDaFunk, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the App.
Your Content & Conduct
As a Virtual Watercooler account holder you may submit and/or create content for the Virtual Watercooler App, and other Users. Such content may include contributions to voice chat conversations that are accessible to users, as well as comments and photos posted by you. You understand that WhatDaFunk does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the App. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to WhatDaFunk all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the App pursuant to these Terms of Use.
For clarity, you retain all of your ownership rights in your Content. You also hereby grant each user of the App a non-exclusive license to access your Content through the Virtual Watercooler App, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the App and under these Terms of Use. The above licenses granted by you in all Content you submit or create are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WhatDaFunk all of the license rights granted herein.
WhatDaFunk does not endorse any Content submitted to the Virtual Watercooler App by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and WhatDaFunk expressly disclaims any and all liability in connection with Content. WhatDaFunk does not permit copyright infringing activities and infringement of intellectual property rights on the Virtual Watercooler App, and WhatDaFunk will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WhatDaFunk reserves the right to remove Content without prior notice.
Warrant Disclaimer
YOU AGREE THAT YOUR USE OF THE VIRTUAL WATERCOOLER APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WHATDAFUNK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WHATDAFUNK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WHATDAFUNK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED SERVICES OR FEATURED IN CONTENT, AND WHATDAFUNK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall WhatDaFunk, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Virtual Watercooler App, and/or Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that WhatDaFunk is not liable for any conduct of any User.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless WhatDaFunk, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Virtual Watercooler App; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the App.
Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the App is not intended for individuals under 13. If you are under 13 years of age, then please do not use the Virtual Watercooler App.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhatDaFunk without restriction.
General
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Virtual Watercool App; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of WhatDaFunk to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to WhatDaFunk and all other provisions for which survival is equitable or appropriate.