Terms & Conditions

 

WHTK Corporation. (“WHTK”) is pleased to provide to you its site(s), software, application(s), content, and services, including but not limited to the Who Has The Kids mobile application (the “App”) (collectively, the “Services”). These Terms of Use and our Privacy Policy govern your use and our provision of the Services.

1. Contract

This is a contract between you and WHTK. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services.

Supplemental terms and conditions may apply to some Services, such as rules for the App. Supplemental terms and conditions will be disclosed to you in connection with such App, service, or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

We may amend these terms at any time in our sole discretion. Any amendment will be effective seven (7) days following either our dispatch of a notice to you (which may be delivered via email or by pop-up (or similar) notice within the Services) or by posting of the amendment on or within the Services. If you do not agree to the changes, you must discontinue using the Services. Your continued use of the Services following changes to these terms constitutes your express acceptance of the amended terms.

We may immediately terminate this contract with respect to you (including your access to the Services) if you fail to comply with any provision of these terms.

2. Services, Content

The Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. The Services do not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for or in connection with such purposes.

Our Content

The Services are our copyrighted property and all trademarks, service marks, trade names, trade dress, or other intellectual property rights in the Services are owned by us or our licensors. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. We do not transfer title to any portion of the Services to you.

Your Content and Usage Requirements

a. Posting Content

The Services may allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Services is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to the Services.

b. How WHTK and other users can use your content

You grant WHTK and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Services solely for the purposes of, as applicable, operating, developing, providing, and using the Services. The foregoing license will terminate upon deletion of your User Content, unless that User Content has been shared with other users (see below) and they have not deleted that content themselves.   Nothing in these Terms shall restrict other legal rights WHTK may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

When you publish User Content on the Services, you understand that WHTK will share it with the other users to whom you have granted access rights via the Services. WHTK does not control how other users may use your User Content after it has been shared with them.

c. How long we keep your content

Following deactivation or termination of your account, or if you remove any User Content from the Services, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction, expectation of confidentiality, or compensation to you. By accepting your submission, WHTK does not waive any rights to use similar or related feedback previously known to WHTK, or developed by its employees, or obtained from sources other than you.

e. Usage requirements

It is important that all users use the Services in an appropriate manner. We reserve the right to modify or delete your account at any time, for any reason, but in particular, users are required to comply with the following:

(1) You must submit accurate information to WHTK in using the Services and you must keep your account information timely and up-to-date. You may only create one account for yourself – duplicate accounts are strictly prohibited. You may not create an account for anyone but yourself, without our express permission. You may not create an account using email account information unless that email account is yours.

(2) You may only use the Services for lawful purposes and for your personal, non-commercial benefit. You may not post content that is offensive, or that infringes or otherwise violates any third party’s rights.

(3) You are responsible for maintaining the security of your account credentials. You may not share your account credentials, or your account, with any other person, or do anything else that might jeopardize the security of your account or the Services.

(4)   We reserve the right to modify, delete or reset your account credentials at any time, including but not limited to your username. In particular, we reserve the right to remove or reclaim your username if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name, or when a username is inappropriate or offensive).

(5) You may not use the Services if you are under the age of 13 (our Services are for users 13 or older), if you are located outside the United States (even temporarily), or if you are a convicted sex offender.

(6) If you collect or download information shared with you by other users, you may only do so with their consent and if you make it clear you (and not WHTK) are the one collecting or downloading their information, and you either agree on usage with that user directly or post a privacy policy explaining what information you collect and how you will use it.

(7) You may not use the Services to post any sensitive personally identifiable information, including but not limited to governmental ID documents, health information and financial information.

(8) We provide our Services to you, but you are responsible for any charges that may be imposed by your carrier(s), including but not limited to text messaging and/or data charges.

(9) You will not post anyone’s identification documents or sensitive financial information on the Service.

(10) If we disable or terminate your account, you may not create a new account without our express permission.

3. Security

We care about the security of our users. While we will implement and maintain commercially reasonable physical, administrative and technical safeguards for the purposes of protecting the security of your User Content and your account, WHTK does not guarantee that unauthorized third parties will not be able to defeat our security measures. You must notify us immediately of any suspected or known compromise or unauthorized use of your account.

4. Third-Party Links, Sites, and Services

Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by WHTK. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Services, you do so at your own risk and you agree that WHTK will have no liability arising from your use of or access to any third-party website, Service, or content.

5. Disclaimer

Use of the Services and any information obtained from the Services is at your sole risk. WHTK shall not be liable for any loss, punitive, incidental or consequential damages or any claim against WHTK by any other party.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WHTK BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF WHTK HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WHTK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100 USD).

THESE DISCLAIMERS AND LIMITATIONS TO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY IF AND TO THE LIMITED EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED UNDER THE LAW.

6. Indemnification

You agree to indemnify and hold harmless WHTK, its officers, directors, shareholders, and agents, from any damage suffered directly or indirectly as a result of your use of the Services. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

7. Dispute Resolution

These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

You and WHTK agree to arbitrate all disputes between you and WHTK or its affiliates, except disputes relating to the enforcement of WHTK’s intellectual property rights. “Dispute” includes any dispute, action, or controversy between you and us concerning the Services or these terms, whether in tort, warranty, contract, statute or regulation, or other legal or equitable basis. Any such dispute shall be resolved by BINDING arbitration conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in Los Angeles, California, United States of America using the American Arbitration rules of Commercial Arbitration. The parties shall initially both bear their own costs of the arbitration. The prevailing party in any BINDING arbitration or Court action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys’ fees and arbitrator’s fees.

8. Severability

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

9. Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

10. Waiver

No waiver of any provision of these terms by WHTK shall be deemed a further or continuing waiver or any other provisions, and WHTK’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

11. Copyright Policy

WHTK respects the intellectual property rights of others and expects its users to do the same. It is WHTK’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, WHTK will respond expeditiously to claims of copyright infringement committed using the Services that are reported to WHTK’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to WHTK’s Designated Copyright Agent. Upon receipt of the Notice as described below, WHTK will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services. DMCA Notice of Alleged Infringement (“Notice”).

1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Services where such reference or link may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to WHTK’s Designated Copyright Agent:

WHTK Copyright Agent

2235 Mcrae Drive

San Pedro, CA 90732