“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.
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:
Content, Copyrights & Trademarks
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 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.
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.
Ability to Accept Terms of Service
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.