Terms of Use

THESE ARE THE TERMS AND CONDITIONS WHAWHEE OFFERS TO ACCESS OUR SITE INCLUDING OUR MOBILE APPLICATIONS, SUBSCRIPTION SERVICES AND/OR SERVICES PROVIDED BY WHAWHEE ON OUR SITE. BY USING OUR SITE AND/OR SERVICES PROVIDED BY WHAWHEE (including without limitation, the eventual realization of a search), YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.

These Terms of Use describe the terms and conditions that apply when you use our site and/or any services provided by WHAWHEE therein (including without limitation, the eventual realization of a search). We reserve the right at any time to revise these Terms of Use (and the same shall become effective immediately upon being posted on our site). For more information see the section 18 herein about our ability to change these Terms of Use.

For these Terms of Use

(a) "We" and "our" refers to WHAWHEE, and

(b) "You" refers to the user of this site.

1. Authorized users. Only individuals and entities that have legal personality under the applicable law are authorized to use our site and/or any services provided by WHAWHEE therein. You may use the Services only in compliance with these terms and all applicable laws, rules and regulations, local, state, national and international. You must provide us with accurate information, including your real name, email address, location, year of birth and password to create your account WHAWHEE. We can without notice, modify, suspend, vary characteristics or set limits on the use of the services. You are responsible for safeguarding the password you use to access the services and any activities or actions that occur under your password. Persons wishing to use our site and/or any services provided by WHAWHEE on this site must be at least 14 years old; therefore, by accepting these Terms, you acknowledge that you are at least 14 years old. WHAWHEE can contact you at any time, asking for actual proof of age by presenting a copy of a picture ID or equivalent. If such documentation is not delivered within the time you are told, WHAWHEE reserves the right to block or cancel your account. The identification data to be provided will be used exclusively by WHAWHEE’s authorized personnel for this identification task; it won’t be used for any other purpose. If WHAWHEE is informed that a child under 14 is registered as a user on WHAWHEE, we will adopt the necessary measures and we can remove or block that user's account. If you are between 14 and 18 years old it’s recommended that you always remain in the company of your parents or guardians to use o interact with WHAWHEE through the different interfaces, as well as when you are posting or sharing any content.

2. Obligations. You shouldn’t do any of the following when accessing or using the services of WHAWHEE: (i) Use the services for unlawful purposes or for promotion of illegal activities, (ii) Upload or post any Content (as defined below ), in violation of these Terms, (iii) Use the services to send spam (unsolicited bulk communications), (iv) Access or interfere with private areas of services, WHAWHEE’s computer systems, or WHAWHEE’s systems providers, (v) Probe, scan or test the vulnerability of a system or network or breach or circumvent any security or authentication measures, (vi) Access or search or, attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by WHAWHEE (and only in accordance with these terms and conditions), unless specifically authorized to do so in a separate agreement with WHAWHEE, (vii) Forge any TCP/IP packet header or any part of the header information in any electronic communication or publication, (vii) Utilize the Services to send identification information sources altered, deceptive or false; (viii) Interfere with or disrupt (or attempt to) access of any user, host or network, including, without limitation, sending a virus, overloading, spamming, mail-bombing the services, or creating contents in such a manner as to interfere with, or create an undue burden on services. We may make available one or more APIs to interact with the service. Using the API WHAWHEE is subject to these terms and obligations of WHAWHEE API, which will be published before these APIs available (as part of these terms).

3. Fees for use of our website. Currently, we allow users of our site and of the services to use them free of any charges. We reserve the right to start charging fees or modify them for the use of our website and/or any services provided by WHAWHEE in it, at any time.

4. Content. The term "Content" shall mean any information, text, graphics, or any materials uploaded, downloaded or appearing on the services of the WHAWHEE website. WHAWHEE retains ownership of all content that you submit, post, display or make available through the services. By submitting, posting or displaying Content on, or through the services, you agree that WHAWHEE may use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any media or distribution methods (known or later developed). You agree that this cession assignment includes the right for other users of the Service to modify your Content, and that WHAWHEE might make such content available to others on other media and services such as publication, distribution or broadcast, subject to our terms and conditions for use of such content. Such additional uses by WHAWHEE or others of the content you submit, post, transmit or make available through the service will be made without compensation paid to you. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content that are necessary to conform and adapt that Content to any requirements or limitations of networks, devices, services or media. Furthermore, by uploading content to the site, you acknowledge, represent and agree that you allow WHAWHEE the act as described above. You also represent, acknowledge and agree that you have not and will not provide any content that: (a) Infringes, violates or otherwise interfere with copyright or trademark of another person, (b) Reveals trade secrets, unless the trade secret belongs to you or you have permission from the owner to disclose it, (c) Infringes any third party intellectual property or privacy or publicity rights of others; (d) Is defamatory, libelous, abusive, threatening, harassing, hateful, offensive or fails to comply with any laws or rights of third parties, (e) Creates the impression that what you know is incorrect, misleading, or deceptive, including impersonating another person or otherwise misrepresenting your affiliation with a person or entity; ( f) Contains other people’s identifying information without their explicit permission, and (g) Contains links to a virus, Trojan, worm or any computer program or application that intends to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or information. WHAWHEE reserves the right in its discretion to remove any content from the site. By submitting, posting or displaying Content on or through the Services, you agree that it will be visible to other users of the Services and through third party services. Therefore you should only provide Content that you are comfortable sharing with others under these Terms of Use. All content, whether publicly posted or privately transmitted, are the sole responsibility of the person who originated such content. We may not monitor or control content posted through the Services. Any use of any content or material posted via the Service and any activities information obtained by you through the Services is at your own risk. WHAWHEE does not endorse, support, represent or guarantee the completeness, truthfulness; accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Service, you may be exposed to content that may be offensive, harmful, inaccurate or otherwise inappropriate. In any case, WHAWHEE will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content available through the services or elsewhere. You are responsible for your use of the Services, for any content you provide, and the consequences thereof, including the use of your Content by other users and third parties. You understand that your content can be posted, and if you do not have the right to bring such content for such use, you may be liable to be punished for this. WHAWHEE will not responsible for any use of your content by WHAWHEE in accordance with these terms. We reserve the right, at all times (but will not be obliged) to remove or refuse to distribute any content on the service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably necessary to (i) Comply with a law, regulation or legal request; (ii) To protect the safety of any person, (iii) To address fraud and security flaws or glitches, or (iv) To protect the rights or property of WHAWHEE.

5. Disclosure of information of users. You acknowledge, consent and agree that we may access, preserve and disclose your registration and any other information you provide, if there is a requirement of a competent authority or if we, in good faith, believe that such preservation or disclosure is necessary in our opinion to: (i) To comply with legal requirements, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures, (ii) Enforce these Terms, (iii) Respond to allegations of violation of the rights of others; ( iv) Respond to customer service requests, or (v) Protect the rights, property or personal safety of WHAWHEE, our users or the public. Disclosures of user information to third parties other than those needed for customer support, administer this agreement, or comply with legal requirements are addressed in the WHAWHEE Privacy Policy.

6. Connections and interactions with others. You are solely responsible for your interactions with other Users. WHAWHEE may limit or may, in certain circumstances, prohibit you to communicate with other users through the use of services or restrict your use of the services. WHAWHEE reserves the right, but has no obligation to monitor disputes between you and other members nor to restrict, suspend or terminate your account if WHAWHEE determines, in our sole discretion, that it is necessary to enforce these Terms of Use.

7. Events and promotional activities. Within your WHAWHEE account you have a space called "events" where you can post information about any event and also invite other WHAWHEE members to participate in your personal events. In addition to personal events, WHAWHEE could carry out promotional activities of diverse nature. For example, there may be so-called "sponsored events" which are promotional activities undertaken by a professional or a company collaborating with WHAWHEE. These events work exactly the same way that personal events, with the exception that it is WHAWHEE who proposes them and invites you under its collaboration with businesses and professionals. Participation in these events will be governed by the same uses and behavior patterns on the services required and contemplated by these Terms of Use. In this sense, participation in any events, contests, promotions or any other activities available through the WHAWHEE services organized by third-party collaborators of WHAWHEE implies acceptance of the conditions of each of these events, contests, promotions and/or activities. In general, it is reported that participation in these events, contests, promotions and/or activities may be subject to additional requirements from the participants (age, place or country of residence, etc.), and the handing of prices to winners of any promotions organized by WHAWHEE and/or other cooperating companies may be subject to fulfillment of certain conditions. Similarly, when acting as a mere intermediary WHAWHEE, the potential claims related to events, contests, promotions or any other activities available through the services organized by one of the WHAWHEE partner companies, should go directly against these companies, not being WHAWHEE responsible, directly or indirectly, in the event of any failure, error or, in general, any breach of these companies collaborating on events, contests, promotions or any other activities available through the service organized by them, being these companies exclusive responsibility.

8. Intellectual Property Rights. Our site contains proprietary content and systems. You agree not to reproduce, duplicate, copy, sell, resell or exploit in any commercial purposes or otherwise, any part of our site (or any content in it) or any other service provided by the site WHAWHEE. In addition, you are not entitled to: (a) License the use of our site (or any content therein) and/or any service provided by WHAWHEE, (b) Using our site (or any Content contained therein) and/or any service provided by WHAWHEE on behalf of another person, or (c) To facilitate (or attempt to provide) access to our site (or any of the content contained therein) and/or any service provided by WHAWHEE to anyone else. We respect the intellectual property of others, and we ask our users to do the same on our site. If you believe that any of your work has been copied in a way that constitutes an infringement of intellectual property rights, please notify us in the manner provided in Sections 15 and 16 of the Terms of Use.

9. Privacy. You should carefully read our Privacy Policy before deciding to become a user, which is incorporated into these Terms of Use by reference, and governs our treatment of the information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you can send to WHAWHEE is likely to reveal your gender, ethnicity, nationality, age and other personal information about you. You acknowledge that submitting, posting or displaying any information, statements, data and content to us is voluntary on your part.

10. Right to terminate access to the Website. We reserve the right to deal with any person and for any reason (or no reason). Without representing a limitation to this right, we may immediately suspend (either for a specified period of time or indefinitely) or terminate your right to access or use our website and/or any service provided by WHAWHEE if you: (a) Violate any provision of these Terms of Use, (b) We cannot verify or authenticate any information you provide to us, or (c) We believe that your actions may cause legal liability for you, for any of our other clients (including, without limitation, other users of our site or legal persons seeking our services on our site, or to WHAWHEE. You may terminate this Agreement for any reason or at any time by notifying WHAWHEE under Section 15. Such notice shall be effective when WHAWHEE processes your notice. Termination of your WHAWHEE account includes disabling your user access to WHAWHEE and may also prevent any future use of WHAWHEE. Upon termination of your WHAWHEE account, you lose access to the services.

11. Links to other sites. Our site may provide links to other websites or resources. As such, we declare no control over such sites and resources and, therefore, you agree that we are not responsible for: (a) The availability (or unavailability) of such sites or resources, or (b) Any content, advertising, products, services or other material contained in (or accessible or available in or through) any such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or injury caused (or allegedly caused) by or in connection with the use of any content, advertising, product, service your other materials found in (or accessible or available on or through) any such sites or resources.

12. Allowed form of access. You understand, acknowledge and agree that our site is designed to be used manually and agree not to use our site (or any of the content contained therein) or any service provided by WHAWHEE otherwise (i.e. through computer systems and applications, automatic connection or otherwise) without the prior written consent of WHAWHEE. Furthermore, you agree not to interact with our site (or any of the content contained therein) or any services provided by WHAWHEE by any application other than a commercial standard web browser (such as Internet Explorer, Safari or Firefox), via mobile phone, or through some of the WHAWHEE applications for mobile devices.

13. Permitted use of our Site. You may only use our site (or any content therein) and/or any services provided by WHAWHEE on the site (including, without limitation, data derived from searches on our site) regarding the nature of these services. Any other use of our site (or any content in it) or any other service provided by WHAWHEE on the site (including, without limitation, data derived from searches on our site) is strictly prohibited.

14. Exclusion of guarantees and responsibility. WHAWHEE does not guarantee the availability and continuity of the site and/or any service provided by WHAWHEE therein. When reasonably possible, WHAWHEE will give notice of interruptions in the operation of the site and/or any service provided by WHAWHEE therein. WHAWHEE will not guarantee the infallibility of the site and/or of any service provided by WHAWHEE on the site and, in particular, though not exclusive, so you can effectively use the site and/or any services provided by WHAWHEE therein, access to the different pages that make up or those from which the services are provided. WHAWHEE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE SITE AND/OR ANY SERVICE PROVIDED BY WHAWHEE THEREIN, THE LACK OF ANY INCOME YOU HAVE ATTRIBUTED THE SITE AND/OR ANY SERVICE PROVIDED BY WHAWHEE THEREIN, to the fallibility of SITE AND/OR ANY SERVICE PROVIDED THEREIN WHAWHEE, AND IN PARTICULAR, THE FAILURE TO ACCESS THE WEB PAGES OF THE SITE OR THOSE FROM WHICH THE SERVICES ARE PROVIDED, AMONG OTHERS. WHAWHEE ALSO EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING OR GENERATED FOR LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, HOWEVER CAUSED. WHAWHEE does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in the computer system or technology (software and hardware) or in digital documents and files stored in their computer system. WHAWHEE OFFERS ITS PLATFORM AND ALL INFORMATION AND SERVICES "AS IS" AND "AS AVAILABLE." WHAWHEE WILL NOT CONTROL THE CONTENT GENERATED BY USERS OR THE ACCURACY THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, USE FOR A PARTICULAR PURPOSE AND DATA ACCURACY. IF YOU ARE DISSATISFIED or feel hurt by WHAWHEE or any matter related to WHAWHEE, you can close your account and terminate these Terms of Use. WHAWHEE WILL NOT BE RESPONSIBLE, AND HAS NO liability or guarantee for message delivery IN-NETWORK (AS TRANSMISSION OF ANY USER GENERATED CONTENT) WHAWHEE sent over. FURTHER, WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS. ANY MATERIAL, SERVICES OR TECHNOLOGY DESCRIBED OR USED IN THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OF THIRD PROPERTY. WHAWHEE is under no obligation to verify the identity of the subscribers to its services, nor have any obligation to monitor the use of services by other users in the community, so WHAWHEE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF IDENTITY OR INFORMATION.

15. Notifications. All notices must be sent to WHAWHEE by mail sent to the headquarters of WHAWHEE, as detailed in the contacts section on our site. All communications will be sent to you will be made to the email address you provide WHAWHEE.

16. Notification procedure in case of illicit activities. If you believe that there are facts or circumstances revealing the illegality of the use of any content and/or the performance of any activity, included in or accessible through the site, and in particular, violation of rights intellectual property or other rights, you must send a notice to WHAWHEE in which is expressed as follows:

1. Complainant's contact details: name, identification number or passport number, address, phone number and email address;
2. Specification of the alleged illegal activity carried out on the site and, in particular, in the case of an alleged violation of rights, and specific indication of protected content and its location on the Website;
3. Facts or circumstances revealing the illegality of such activity, and
4. Express declaration, clear and under the responsibility of the claimant that the information in the notification is accurate and the illegality of the use of the contents or the performance of the activities described.

17. Law and Jurisdiction. These Terms of Use (and the use of our site and/or any service provided by the site WHAWHEE) shall be construed in accordance with the provisions therein and are governed by the laws of the State of Delaware, United States. You understand, acknowledge and agree that any action, lawsuit or proceeding brought by you or us in respect of these Conditions of Use (and/or use of our site, use of any service provided by WHAWHEE on the site, and/or using any information obtained from the site (including, without limitation, data derived from searches on our site)) be brought exclusively in the courts of the city of Delaware, the state of Minnesota, United States. By using our site and/or any services provided on the site WHAWHEE, you irrevocably submit to the exclusive jurisdiction of the courts of the city of Delaware, state of Minnesota, United States.

18. Right to amend these Terms of Use. WHAWHEE reserves the right to amend these Terms of Use at any time by posting a modified version of the Terms of Use on our site. The Terms of Use (as amended) shall become effective immediately upon being posted on our site unless a different effective date explicitly stated in the amended agreement. You do not have the right to amend, modify, refuse or reject any of the terms and conditions of the Terms of Use (either in its current form or as may be amended from time to time in the future).

19. Entire Agreement. These Terms of Use constitute the entire agreement between you and WHAWHEE regarding the use of our site and/or any services provided on the site WHAWHEE. These Terms of Use supersede any other agreement, advertising, written descriptions or communications of any kind in respect of the terms on which you may use our site and/or any services provided by WHAWHEE therein (including, without limitation, any telephone or email that you have had with any employee or agent WHAWHEE).

Thank you for using WHAWHEE.