Terms of Use Updated on: December 26 2009
IMPORTANT PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use")
BEFORE USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED
BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Wedoitfantastic ("Wedoitfantastic" or "we" "our" or "us") owns or
controls, and provides access to the Wedoitfantastic website, at the url
www.Wedoitfantastic.com and related properties (the "Website"), the
Wedoitfantastic client software, the Wedoitfantastic widget, the
Wedoitfantastic API and all proprietary services, software, data and
materials accessed via the Website (the âœServicesâ). The Website and the
Services are referred to together in these Terms of Use as the
âœPropertiesâ. THESE TERMS OF USE GOVERN YOUR USE OF THE PROPERTIES.
These Terms of Use apply to the Properties and not to any other
website or any offline activities of Wedoitfantastic (unless
specifically stated). By accessing or using the Properties, registering
for or receiving Services offered on the Website, or by accepting,
uploading, submitting or downloading any information or content from or
to the Website, you agree to be bound by these Terms of Use. IF YOU
DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE
PROPERTIES. 1. Changes to the Properties and the Terms of Use We
reserve the right to add, delete, change or modify parts of these Terms
of Use at our sole discretion and at any time without notice to you. If
we do this, we will post the changes to the Terms of Use on this page
and will indicate the effective date of the Terms of Use at the top of
the page. It is important for you to refer to these Terms of Use from
time to time to make sure that you are aware of any additions,
revisions, or modifications that we may have made to these Terms of Use.
Your continued use of the Website constitutes your acceptance of the new
Terms of Use. 2. Description of Website and the Services Access to
the Website currently provides users with access to the Services and a
rich collection of online resources, including online forums,
personalized content, interactive advertising messages, proprietary
software (including updates, patches and new versions), audio, videos
and other community and entertainment products. Unless explicitly stated
otherwise, any new features which may be added to the Website or the
Services, including without limitation, the release of new
Wedoitfantastic services and software, are subject to these Terms of
Use. In some instances, these Terms of Use and a separate end user
license or similar agreement may apply to a service or product offered
by Wedoitfantastic via the Properties. We may add, change, remove,
suspend or discontinue any aspect of the Website and/or the Services at
any time without notice. We may also impose limits on certain features
and/or restrict access to parts of or all of the Properties without
notice or liability to you or any third party. In order to use the
Website, you must obtain access to the Internet, either directly or
through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all equipment
necessary to make such connection to the Internet, including a computer
and modem or other access device. You acknowledge that the Services
include certain elements which allow Wedoitfantastic proprietary
software to be downloaded to your computer which interacts with other
computer programs (including iTunes), the Wedoitfantastic computer
servers and your iPod or other permitted devices. 3. Intellectual
Property Ownership; License The past, present and future content of
the Properties, including, without limitation, software graphics, text,
images, audio, videos, designs, compilations, databases, targeting
information, advertising copy, and the trademarks, logos, domain names,
trade names, service marks and trade identities; any and all copyright
material (including source and object code); and all other materials
related to the Properties, including without limitation, the "look and
feel" of the Website (collectively, "Content") are protected by
applicable copyrights, trademark rights, database rights and other
proprietary (including, but not limited to, intellectual property)
rights and are the property of Wedoitfantastic, its parent,
subsidiaries, affiliates, or its licensors. Except as expressly set
forth in these Terms of Use or otherwise expressly granted to you in
writing by Wedoitfantastic, no rights (either by implication, estoppels
or otherwise) in or to the Content are granted to you. The copying,
reproduction, re-arrangement, sale, leasing, renting, lending,
distribution, redistribution, modification or adaptation, downloading,
side loading, exchanging, creating of derivative works, uploading,
posting, transmitting, communication to the public or publication by
you, directly or indirectly, of the Content, including the removal or
alteration of advertising, except pursuant to the express limited grant
of rights hereunder, is strictly prohibited. You agree to abide by any
and all additional notices, information or restrictions in respect of
the Properties contained in any part of the Website. Exploiting any part
of the Properties for a purpose that is not permitted by these Terms of
Use is expressly prohibited without prior written permission from
Wedoitfantastic or the applicable intellectual property rights holder as
identified on the Website. Subject to your strict compliance with
these Terms of Use, Wedoitfantastic grants you a limited, personal,
non-exclusive, non-commercial, revocable, non-assignable and
non-transferable licence to: a. download and use the Wedoitfantastic
client-based software in accordance with its pre-defined functionality
only; b. listen to music and view videos streamed from the Website
and participate in the Wedoitfantastic community areas; c. submit or
upload music, video and other content to the Website strictly as
permitted in accordance with these Terms of Use and any other terms
posted on the Website; d. embed the Wedoitfantastic widget on your
personal website or profile pages for non-commercial and private use
only; and e. communicate with other members of the Wedoitfantastic
community; Provided that you: i. retain and do not alter or
tamper with any trademark, copyright and other proprietary or legal
notices contained in the original Content or any permitted copy you may
make of the Content; ii. do not, and do not allow or aid or abet any
third party (whether or not for your benefit) to, copy or adapt the
object code of the Website or Services (including, without limitation,
software, HTML, JavaScript, or other code); to reverse engineer,
decompile, reverse assemble, modify or attempt to discover any source or
object code, circumvent or attempt to circumvent or copy any copy
protection mechanism or access any rights management information;
iii. do not insert any code, product or material to manipulate the
Content in any way that affects any user's experience; iv. do not
copy or seek to copy or âœripâ any audio and/or audiovisual content from
the Website or any part of the Service (including, without limitation,
the Wedoitfantastic widget); v. do not embed or otherwise exploit
the Wedoitfantastic widget for commercial gain (which includes, for
example and without limitation, selling advertising on your site or
otherwise monetizing any element of your site which contains the
Wedoitfantastic widget); and vi. do not adapt, copy, republish,
communicate to the public, display, transfer, share, distribute or
otherwise exploit the Content, except as under these Terms of Use.
Wedoitfantastic alone shall be responsible for determining, in its
discretion, whether any use of the Wedoitfantastic widget constitutes
commercial use in each case. 4. Links to Other Websites The
Website may contain hyperlinks to other websites ("Other Sites"). If you
use the hyperlinks to access these Other Sites, you will leave the
Website and your browser will be re-directed to the Other Sites. The
Other Sites may have their own terms of use and privacy policy and those
Other Sites may have different practices and requirements than the
Website. Wedoitfantastic may not have knowledge of, and is not
responsible for, the content, information, services, products or
advertisements presented by any Other Site which you use at your own
risk. Wedoitfantastic does not warrant or make any representation
regarding the legality, accuracy, quality or authenticity of content,
information, services or products presented by Other Sites. The
hyperlinks to Other Sites do not constitute an endorsement by
Wedoitfantastic of any Other Site(s) or resources, or their content,
information, services or products. The Website is only providing these
links to you as a convenience. The terms of use and privacy policy of
any Other Sites shall apply to your access and use of them.
Wedoitfantastic accepts no responsibility for the content or conduct of
Other Sites. 5. Our Linking and Widget Policy Any web site that
links to the Website or on which you include the widget: (a) must not
frame, surround, obfuscate or create a browser or border environment
around any of the Content of the Website; (b) may link to, but not
replicate, the Content; (c) must not imply that Wedoitfantastic or the
Website or any artist or performer are endorsing or sponsoring it or its
products, unless Wedoitfantastic has given its prior written consent;
(d) must not present false information about Wedoitfantastic or its
products or services; (e) must not use any Wedoitfantastic Services or
trademarks except as expressly permitted in these Terms of Use or
without the prior written permission from Wedoitfantastic; (f) must not
contain content that is illegal, obscene or defamatory, or that could be
construed as distasteful, offensive or controversial; and (g) must not
support, endorse or encourage piracy or the unauthorised exploitation of
intellectual property rights. By linking to the Website, you agree that
you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms of
Use, we reserve the right to deny permission to link to the Website for
any reason in our sole and absolute discretion. We will provide the
Wedoitfantastic widget to enable our users to share Wedoitfantastic with
their friends. It is not provided for commercial use, distribution or
exploitation. If you are the operator of a commercial website and would
like to include the Wedoitfantastic widget in your website, or if you
would like to use the widget for commercial purposes, please contact us
by emailing customerservices@wedoitfantastic .com Wedoitfantastic
reserves the right to remove links or block the Wedoitfantastic widget
at any time and for any reason in its absolute discretion.
Wedoitfantastic reserves the right to promote your electronic Profile on
the internet (facebook ,youtybe, etc ) 6. Acceptable Use You will
not use the Properties to: 1. Upload, post, e-mail, transmit,
display, copy, distribute, promote, or otherwise communicate to the
public: i. any material that is false, unlawful, threatening,
tortious, disparaging (including disparaging of Wedoitfantastic, its
parent, subsidiaries or affiliates), anything that adversely affects
Wedoitfantastic such as discouraging any person or entity from
advertising with, linking to or supplying Wedoitfantastic, abusive,
libellous, defamatory, obscene, vulgar, offensive, pornographic,
profane, racist, sexually explicit, ethnically or culturally offensive,
indecent, or that promotes violence, racial hatred, terrorism, or
illegal acts, or is otherwise objectionable in wedoitfantastic .com sole
discretion; ii. information, software, content or other material
that violates, plagiarises, misappropriates or infringes the rights of
third parties including, without limitation, copyright (including,
offering pirated computer programs or links to such programs,
information used to circumvent manufacturer-installed copy-protect
devices, including serial registration numbers for software programs,
rights management information or any type of cracker utilities),
trademark, patent, trade secret, rights of privacy or publicity,
confidential information or any other proprietary right; iii.
material of any kind that contains a virus, Trojan horse, time bombs,
worms, spyware, adware, malware, bots, any automated use of the system,
such as scripts, or other harmful component or restricts or inhibits any
other user's uninhibited use and enjoyment of the Properties, interferes
with, overburdens, impairs or disrupts the Properties or servers or
networks connected to the Properties, or disobeys any requirements,
procedures, policies or regulations of networks connected to the
Properties; iv. information or material of any kind that is false or
misleading or that constitutes or contains false or misleading
indications of origin or statements of fact, including, without
limitation, by forging any TCP/IP packet header, any part of the header
information in any transmission to the Website, or otherwise
manipulating identifiers in order to disguise the origin of any content
transmitted to or from the Website; or v. any unsolicited or
unauthorised advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, requests for money, petitions for signature,
or any other form of solicitation. 2. Encourage, promote, solicit or
commit conduct that would constitute a criminal offence, give rise to
civil liability or otherwise violate any local, state, national or
international law or otherwise make available any material that exploits
or harms any individual, corporation or other entity. 3. Impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity; 4. Disrupt the normal flow of
dialogue, cause a screen to scroll faster than other users of the
Website are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges on the
Website; 5. Stalk, abuse, sexually exploit, violently exploit,
groom, act violently toward, threaten or otherwise harass another user;
6. Use or attempt to use another's information, account, password,
service or system except as expressly permitted; 7. Solicit or
collect personal data including telephone numbers, addresses, last
names, email addresses, or any other kind of information about users,
including without limitation, through such means as spidering, âœscreen
scraping,â âœdatabase scraping,â harvesting of e-mail addresses, wireless
addresses or other contact or personal information, or any other
automatic means of accessing, logging-in or registering on the Website
or for any services or features offered on or through the Website; and
8. Undertake any commercial purpose or activity without the prior
written consent of Wedoitfantastic, including, for example and without
limitation, inserting your own or a third partyâs advertising, branding
or promotional content into any of the Websiteâs or Propertiesâ content,
materials or services (for example, without limitation, in an RSS feed
or a podcast received from Wedoitfantastic or otherwise available
through the Properties). You represent, warrant and agree that you
will comply with the above acceptable use requirements. Wedoitfantastic
reserves the right, in its sole discretion, to terminate any userâs
account or take such other action as Wedoitfantastic sees fit in
relation to any user who breaches Wedoitfantasticâs acceptable use
policy or any of the other terms set forth herein. In extreme cases or
as required by law or regulation, Wedoitfantastic reserves the right to
take court action and/or report users to the relevant authorities.
Wedoitfantastic believes in building a caring community based around
sharing music and will not tolerate antisocial or unlawful behaviour on
the Website or in connection with any of the other Properties. 7.
User Accounts, Additional Terms, End User License Agreements &
Subscriptions Registration may be required for the use of certain
Services and portions of the Website (e.g., e-mail, newsletters,
competitions, forums, content downloads, promotions etc.). In some
instances, these Terms of Use and separate end user license agreements
or terms of use that set forth additional conditions may apply to
Services or products offered via the Website. To the extent there is a
conflict between these Terms of Use and the terms of any applicable end
user license or similar agreement, the end user license or similar
agreement will prevail, unless the additional conditions expressly state
that these Terms of Use will prevail. In cases where there are no
additional terms or conditions stated for any such registrations,
services or products, these Terms of Use will prevail. If you choose
to provide information to the Website, you agree to provide only true,
accurate, current and complete information. If you create a user
account, you agree to accept responsibility for all activities that
occur under your account or password, if any, and agree you will not
sell, transfer or assign your user account. You are responsible for
maintaining the confidentiality of your password, if any, and for
restricting access to your computer so that others may not access any
password-protected portion of the Website or other Properties using your
name, user name or password in whole or in part. You may be able to
purchase a subscription for certain additional features of the Website
and Services. You may only order subscriptions if you are considered
capable of entering into an enforceable contract in the applicable
jurisdiction. You agree to pay in full the prices for any purchases you
make either by credit/debit card concurrent with your online order or by
other payment means acceptable to Wedoitfantastic. You agree to pay all
applicable taxes. If payment is not received by us from your credit or
debit card issuer or its agents, you agree to pay all amounts due upon
demand by us. 8. Competitions Wedoitfantastic may decide to run
competitions, promotions, prize draws and other opportunities on the
Website and these will be governed by a separate set of terms and
conditions. A link to these terms and conditions will be found on the
Website, alongside details of the specific competition, promotion, prize
draw and other opportunities. It is your responsibility to read those
terms and conditions for details about the terms that shall apply and
any eligibility requirements. 9. Software Any software that we
make available for download or use from the Website and/or our servers
(the "Software") is the intellectual property of Wedoitfantastic or its
licensors or suppliers. Any such âœSoftwareâ shall be considered a
âœServiceâ or one of the âœPropertiesâ as such terms are defined and used
herein. Your use of the Software may be governed by the terms of an end
user license agreement that may accompany or that may be included with
the Software (the "License Agreement"). Please carefully read any
License Agreement and Paragraph 7 above to determine the full extent of
the terms and conditions governing the use of such Software. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, REDISTRIBUTION
OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE,
REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY
THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE. 10. Copyrights and
Copyright Agents At Wedoitfantastic, we aim to respect the
intellectual property rights of others. If you believe that your work
(or the work of a third party on whose behalf you are entitled to act)
has been copied, used, or made available on or through the
Wedoitfantastic Website in a way that constitutes copyright infringement
of your intellectual property, please provide our copyright agent with a
copyright infringement notice (âœNoticeâ) which should include the
following written information: a. a statement that you have
identified material on the Website which infringes your copyright (or
infringes the copyright of a third party on whose behalf you are
entitled to act, if applicable); b. identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
Notice, a representative list of such works at that site; c.
identification of the material that is claimed to be 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 Wedoitfantastic to locate the material (including, for example, a
URL and/or screen shot); d. your full name, email address, postal
address and telephone number on which you can be contacted; e. a
statement by you that you have a good-faith belief that use of the
material in the manner complained of is not authorised by the copyright
owner, its agent, or the law; f. a statement by you that the
information in the Notice is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed; and g. a
physical or electronic signature (which may be a scanned copy) of a
person authorized to act on behalf of owner of the work that is
allegedly infringed. wedoitfantastic .com agent for notice of claims
of copyright infringement on or regarding the Website can be reached as
follows: By mail: For: Copyright Agent, Legal Department
Wedoitfantastic A By email: customerservices@
findportgigs.comIf you are unsure about your rights in respect of
material, or whether there has been an infringement of your rights, we
suggest you take legal advice before sending a Notice to
Wedoitfantastic. Please note that any video content made available on
or through the Website which contains or displays the YouTube logo or
which is provided via the YouTube player is provided to you by YouTube
and from YouTubeâs servers, and Wedoitfantastic thus does not have the
ability to permanently remove all or any such content from YouTubeâs
servers. Therefore, if you have a complaint concerning any video content
made available on the Website that is provided by YouTube, you should
contact YouTube directly in accordance with copyright policies at:
http://www.youtube.com/t/terms. If you believe that your work is
available on the Website via the YouTube player in a way that
constitutes copyright infringement, please: (i) contact YouTube directly
in accordance with copyright policies at: http://www.youtube.com/t/terms
and (i) contact Wedoitfantastic by sending us a notice in accordance
with the provisions of this Section 10. 11. Third Party Content and
Information The Properties contain Content and information that is
provided for your convenience and enjoyment. Third parties provide some
of the Content and information. You should be aware that the Content
might contain errors, omissions, inaccuracies, outdated information and
inadequacies and that the Content may be subject to terms and
conditions, which may be found on the Website or in the documents and
policies of third parties. Wedoitfantastic makes no representations or
warranties as to the completeness, accuracy, adequacy, currency or
reliability of any Content and will not be liable for any lack of the
foregoing. In addition, third party advertisers or commercial
partners may offer goods, services and other materials to you on the
Website. Your correspondence and business dealings with others found on
or through the Website including, without limitation, the payment and
delivery of products and services, the delivery of videos or other
content, and any terms, conditions, warranties and representations
associated with such dealings, are solely between you and the relevant
third party. Wedoitfantastic will not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or the offering of such products, services, and other Content on the
Website. Under certain circumstances, we may permit third party users to
upload content, in which event you, at your own risk, may be exposed to
offensive, indecent or objectionable content. Descriptions of, or
references to, products, services or publications within the Website do
not imply endorsement of that product, service or publication. 12.
Information You Submit From time to time, the Properties may contain
functionality through which you can upload or submit information, data,
software, messages, photographs, audio, video, text and other materials
to, through or on the Website ("Your Upload Information"). For example,
the Website may offer forums, bulletin boards, wikis, chat rooms, blogs
or other interactive areas ("User Forums"). Wedoitfantastic, its parent,
subsidiaries or affiliates or the directors, officers, employees, or
other representatives of each of them do not endorse the content posted
in User Forums. Wedoitfantastic reserves the right, but is not
obligated, to delete, move or edit Your Upload Information, in whole or
in part, submitted by you to a User Forum for any reason in their sole
discretion. Wedoitfantastic reserves the right to suspend or terminate
your access to the Website and pursue all legal remedies if we believe
your Upload Information infringes another's rights or otherwise violates
any law, rule or regulation. You acknowledge and agree that you are
prohibited from accepting payment for Your Upload Information from any
third party, including, without limitation, accepting payment for the
inclusion of a logo, brand advertising or other commercial content, in
Your Upload Information. All of Your Upload Information is your sole
responsibility. This means that you, and not Wedoitfantastic, are
entirely responsible for all of Your Upload Information that you upload,
post, e-mail, transmit or otherwise make available via the Website.
Wedoitfantastic actively discourages you from uploading information or
content (including photographs) about your friends or other people
without their express prior consent. If you post personal information in
User Forums or on other publicly available areas of the Website, then
you may receive unsolicited messages from third parties. Wedoitfantastic
cannot ensure the security of any information you post in User Forums or
on publicly available areas of the Website. Under no circumstances will
Wedoitfantastic be liable in any way for any of Your Upload Information
including, but not limited to, any errors or omissions in Your Upload
Information, or for any loss or damage of any kind incurred as a result
of Your Upload Information. You warrant and represent that Your
Upload Information: (i) is an original work by you or you have all
necessary rights, licenses and permissions in it and to submit it to
Wedoitfantastic under the terms of these Terms of Use; (ii) is not
defamatory; and (iii) does not infringe upon, misappropriate or violate
the rights of any third parties, including, without limitation, any
intellectual property rights, rights of publicity or privacy or any
other proprietary rights or otherwise violate any law, rule, or
regulation. Except as otherwise described in our Privacy Policy or
other agreement on the Website at which you provide Your Upload
Information, Your Upload Information will be treated as non-confidential
and non-proprietary and we will not be liable for any use or disclosure
to anyone, including but not limited to claimed intellectual property
owners. When you upload Your Upload Information via the Website, you
irrevocably grant to Wedoitfantastic, its parent, subsidiaries,
affiliates, and partners, without any credit or compensation to you, a
non-exclusive, worldwide, perpetual, unrestricted, irrevocable,
royalty-free and fully transferable, assignable and sub-licensable right
and license to use, reuse, modify, adapt, alter, display, archive,
publish, sub-license, perform, copy, reproduce, disclose, transmit,
communicate to the public, post, sell, translate, create derivative
works of, distribute, make and export Your Upload Information (in whole
or in part), or to incorporate it in other works in any form, media,
software or technology of any kind now known or developed in the future,
for any purposes whatsoever including, without limitation, for
advertising, marketing, publicity and promotional purposes, such as
developing, manufacturing and marketing products and targeted
advertisements using such Uploaded Information. You hereby waive any
moral rights (or any similar rights in any jurisdiction) you may have in
and to any of Your Upload Information, even if such material is altered
or changed in a manner not agreeable to you. You agree and understand
that Wedoitfantastic, its parent, subsidiaries, affiliates, and partners
are not obligated to use Your Upload Information submitted through the
Website or otherwise, and may alternatively choose, in its sole
discretion, to discard, refuse to post, limit or block access to Your
Uploaded Information without any liability whatsoever. You
acknowledge that the Web Site, through Wedoitfantastic, its parent,
subsidiaries, affiliates, and partners undertakes no obligation to
pre-screen Your Upload Information, but that it has the right, in its
sole discretion to monitor, modify, transmit over various networks,
refuse, move, block access to or remove any of Your Upload Information.
You agree that you must evaluate, and bear all risks associated with,
the use of any of Your Upload Information including, but not limited to,
any reliance on the accuracy, completeness, or usefulness of Your Upload
Information. Since Wedoitfantastic, its parent, subsidiaries,
affiliates, and partners may not pre-screen user generated content, you
may bear legal responsibility for others' exposure to any offensive
indecent or objectionable content in Your Upload Information. 13.
Disclaimer of Warranties THE PROPERTIES, INCLUDING, WITHOUT
LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR
ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS
AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, wedoitfantastic AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE
NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER
(EXPRESS OR IMPLIED) ABOUT: (A) THE PROPERTIES; (B) THE CONTENT AND
SOFTWARE ON AND PROVIDED THROUGH THE PROPERTIES; (C) THE FUNCTIONS MADE
ACCESSIBLE ON OR ACCESSED THROUGH THE PROPERTIES; (D) THE MESSAGES,
CONTENT AND INFORMATION SENT FROM OR THROUGH THE PROPERTIES BY USERS;
(E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS
TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT,
MATERIAL OR DATA TRANSMITTED BY USERS TO THE PROPERTIES; (G) SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE
PROPERTIES OR ANY LINKED SITE. wedoitfantastic DOES NOT WARRANT THAT THE
PROPERTIES, ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE
CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
wedoitfantastic DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH
OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND,
IN ANY EVENT, wedoitfantastic SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO
THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF
THE FEATURES OF THE PROPERTIES, YOU ACT AT YOUR OWN RISK, AND YOU
REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR
THE CONTENT. FURTHER, wedoitfantastic AND ITS SUBSIDIARIES AND
AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS
OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
wedoitfantastic , ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE
DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM
SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR OTHER
PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE
DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS
APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE
PROPERTIES IS ENTIRELY AT YOUR OWN RISK. 14. Disclaimers/Limitation
of Liability WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE
TERMS OF USE, YOU UNDERSTAND AND AGREE THAT wedoitfantastic FURTHER
LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PROPERTIES AS
SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL wedoitfantastic , ITS
PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS,
EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE
"wedoitfantastic ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY
LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE
PROPERTIES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF,
INABILITY TO USE, OR PERFORMANCE OF THE PROPERTIES OR ANY OF THE CONTENT
OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN
INVESTIGATION BY wedoitfantastic OR LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR USE OF THE PROPERTIES OR CONTENT; (4) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE
PROPERTIESâ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE
wedoitfantastic ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTIES).
NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES wedoitfantastic âS
LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN
NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE
LIMITED OR EXCLUDED BY LAW. IF ANY OF THESE TERMS OF USE ARE
DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON
OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE ARE
INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION
IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE
SEVERED AND DELETED FROM THESE TERMS OF USE AND THE REMAINING TERMS
SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE. THE
wedoitfantastic ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY
DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER
EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY
SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR
RISK. IF YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE
PROPERTIES OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE
EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF
wedoitfantastic 'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU
ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM,
TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR
CONTROLLED BY wedoitfantastic AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR
AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO
ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,
ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY wedoitfantastic WEB SITE,
SERVICES, PROPERTIES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION
PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY
AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. 15. Indemnity You
agree to indemnify, hold harmless, and keep Wedoitfantastic, its
parents, subsidiaries and affiliates, and their respective owners,
officers, managers, members, agents and employees, fully and effectively
indemnified with respect to any and all costs, claims, demands,
investigations, liabilities, losses, damages, judgments, settlements,
costs and expenses, including attorneys' fees arising out of or in
connection with this Terms of Use, including, without limitation: (a)
your use of the Properties; (b) your violation of these Terms of Use or
any law, rule or regulation; (c) your use of the Content; or (d) your
placement or transmission of any of Your Upload Information or any other
content or materials on or through the Properties. You will cooperate as
fully and reasonably as required by Wedoitfantastic in the defense of
any claim. Notwithstanding the foregoing, Wedoitfantastic retains the
exclusive right to settle, compromise and pay any and all claims,
demands, proceedings, suits, actions or causes of actions which are
brought against Wedoitfantastic herein under the terms and provisions of
this Section 15 and in no event shall you settle any such claim without
wedoitfantastic .com prior written approval. 16. Governing Law
These Terms of Use and the interpretation of these Terms of Use shall be
governed by and construed in accordance with the INTERNATIONAL laws
17. Miscellaneous Any other rules, restrictions, guidelines and terms
and conditions that may be posted or made available in connection with a
particular feature on the Website or Service are incorporated by this
reference into these Terms of Use for all purposes. You are solely
responsible for compliance with applicable laws, rules, and regulations
in connection with your use of the Properties and the Content,
including, without limitation, those governing your transmission or use
of any software or data. These Terms of Use and any applicable end
user license or similar agreements contain the sole and entire agreement
between the parties with respect to the Properties, the Content and Your
Upload Information and supersedes any and all other prior written or
oral agreements between them. The section titles in these Terms of Use
are for your convenience only and do not have any legal or contractual
effect. You agree that these Terms of Use will not be construed against
Wedoitfantastic by virtue of having drafted these Terms of Use. If any
provision of these Terms of Use shall be held invalid or unenforceable
by any court of competent jurisdiction or as a result of future
legislative action, such holding or action shall be strictly construed
and shall not affect the validity or effect of any other provision of
these Terms of Use. No waiver on the part of Wedoitfantastic of any of
these Terms of Use will be of any force or effect unless made in writing
and signed by a duly authorized officer of Wedoitfantastic. Nothing
in these Terms of Use are intended to confer on any third party (whether
referred to in the Terms of Use by name, class, description or
otherwise) any benefit or any right under any legislation in any country
to enforce any provisions of these Terms of Use. 18. Termination
You understand and agree that Wedoitfantastic will determine your
compliance with these Terms of Use in its sole discretion.
Wedoitfantastic reserves the right to restrict, suspend, deny or
terminate access to all or part of the Website or any Service and to
deny access to any person in its sole discretion without notice or
liability of any kind. Wedoitfantastic maintains a policy that provides
for the termination in appropriate circumstances of the Website use
privileges of users who are repeat infringers of intellectual property
rights. Any violation of these Terms of Use may be referred to law
enforcement authorities. Upon termination of your user account or access
to the Web Site, or upon demand by Wedoitfantastic, you must destroy all
materials obtained from the Properties and all related documentation.
19. Privacy Registration data and certain other information about you
are subject to our privacy Policy Please read the privacy policy for
information on how your personal data and other information about you
will be handled. By accepting these Terms of Use you are also accepting
the terms of the Privacy Policy, which is incorporated herein by
reference for all purposes.
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