Watiti Terms of Service
Welcome to Watiti, a unique online community that connects people through a
specialized network of friends for dating purposes or just for making new
friends.
Watiti service is operated by GEXC Inc. (" Watiti.com" or "we" )
include the Watiti
Internet messaging service, and any other features, content, or applications
offered from time to time by Watiti in connection with the Watiti Website
(collectively, the "Watiti Services").
This
written Agreement sets out the legally binding terms of your membership in the
Service and use of Watiti Web site.
You agree to be bound by this Agreement, whether you are a "Visitor" (which
means that you simply browse the Watiti Website) or you are a "Member" (which
means that you have registered with Watiti). The term "User" refers to a
Visitor or a Member. You are only authorized to use our Services (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and to this Agreement.
Please read the
following terms carefully before registering and using the Watiti service. By
signing up with Watiti, you indicate your acceptance of this Agreement and its
terms and conditions. This Agreement constitutes the entire and only agreement
between us and you. If you do not agree with it, you should leave the Watiti
Website and discontinue use of the Watiti Services immediately.
Watiti reserves
the right, in its sole discretion, to reject, refuse to post or remove any
posting (including private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the Watiti Services at any point in
time, for any or no reason, with or without prior notice, and without
liability;
will take effect upon posting on Watiti's Web Site.
Please
choose carefully the information you post on Watiti and that you provide to
other Users. Do not include these following informations on your profile:
telephone numbers, street addresses, last names, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition, information
provided by other Watiti Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and Watiti assumes no responsibility or liability for this material.
If you become aware of misuse of the Watiti Services by any person, please
contact us or click on the "Report Inappropriate Content" link at the bottom of
any Watiti page.
Watiti
reserves the right to change any of these terms and conditions at any time
without prior notice
to or the consent of any person. Any changes or replacement will be posted at
this site.
Advertisers, publishers and visitors should review this Privacy Policy
periodically to note any changes that may have occurred.
1.
Eligibility. Any membership in the Service is automatically void where
prohibited. By using
the Watiti Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 16 years of age or older; and (d)
your use of the Watiti Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 18 years of age.
2.
Terms. While using the Web site services and/or are a Member; this
Agreement will remain in full force and effect. You are free to terminate your
membership at any time you wish, for any reason by following the instructions
stated on the Cancel Account page in “Account Settings”. Watiti reserves the
right to terminate your membership at any time, for any reason. If Watiti
terminates your membership because you have breached the Agreement, you will
not be entitled to any refund of your unused subscription fees. This agreement
will still remain in full effect even after your membership has been
terminated.
3. Non-Commercial Use by Members. All
Organizations, companies, and/or businesses alike may not become Members and
should not use the Watiti Service or the Web site for any purpose. Watiti Web
Site service is meant for personal use of the individual Members only; and may
not be used in connection with any commercial activities or endeavors. The
following include Illegal and/or unauthorized uses of the Web site: Collection
of usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email and unauthorized framing of or linking
to the Web site will be investigated thoroughly, and the appropriate legal
action will be taken, including without limitation, criminal, civil and
injunctive redress.
4.
Full Proprietary Rights in Content on Watiti. Except for that
information which is in the public domain or for which you have been given a
written permission, you do not have the right to copy, publish, modify,
transmit, perform, display, distribute or sell any other proprietary
information. Watiti owns and retains all proprietary rights in the Watiti Web
Site and its Service. The Web Site contains the copyrighted material,
trademarks, and other proprietary information of Watiti, and its licensors.
5.
Fees.
You acknowledge that Watiti reserves the right to charge for the Watiti
Services and to change its fees from time to time in its discretion. If Watiti
terminates your Membership because you have breached the Agreement, you shall
not be entitled to the refund of any unused portion of subscription fees.
6.
Username
&
Password.
In the sign up process, you will need to choose a password in order to become a
Watiti member. You shall be responsible for maintaining the confidentiality of
your password. You agree not to use any username or password of another Member
at any time; or to disclose your password to any third party. You are also
responsible for all usage and activity on your Account, including use of the
account by a third party authorized by you to use your account. You agree to
notify Watiti.com immediately if you suspect any unauthorized use of your
account or access to your password. Any fraudulent, abusive or otherwise
illegal activity may be grounds for termination by Watiti and referral to the
appropriate law enforcement agencies.
7.
Content Posted on the Site.
a. As a registered member on Watiti Web Site, your profile must describe you
(an individual person). Examples of in-appropriate profiles include the
following (But are not limited to): Profiles that purport to represent an
animal, inanimate, place, object, a real individual who is not you or any
fictional character.
b.
You understand and agree that Watiti reserves the right to review/edit delete
any content, photos, messages or profiles (collectively, "Content") that in
Watiti sole judgment violate this Agreement or which might be illegal,
offensive, or that might violate the rights, threaten the safety of other
members, or harm them in anyway.
c.
As a member posting Content to any public section of Watiti, You automatically
grant, and you warrant and represent that you have the right to grant, to
Watiti a perpetual, irrevocable, non-exclusive, fully paid, worldwide license
to copy, perform, use, display and distribute such information and content and
to incorporate into other works of, or prepare derivative works of such
information and content, and to grant and authorize sublicenses of the
foregoing.
d.
You are solely responsible for the Content that you display or publish
(hereinafter, "post") on the Service Web Site, or transmit to other Watiti
Members.
e.
solicits people you don't know to add you and/or accept you as a Watiti member
friend. Even though all of the above is strictly prohibited on Watiti, there is
still a small chance that you may become exposed to such items and you further
waive your personal right to any damages (from any party) related to any such
exposure.
f.
You agree to use the Service in a manner consistent with any and all applicable
laws and regulations.
g.
You may not engage in advertising to, or solicitation of, other Members to buy
or sell any of your or others products or services through the Watiti Service.
Although Watiti cannot monitor the conduct of its Members off the Watiti Web
site, it is still considered a violation of these rules to use any information
obtained from the Watiti Service in order to abuse, harass, or harm another
person, or in order to advertise to, contact, solicit, or sell to any of the
Watiti Members without their prior explicit consent. In order to protect our
Members from such solicitation or advertising, Watiti reserves the right to
restrict the number of emails, which any Member may send to other Members in
any twenty four hour period to a number, which Watiti deems appropriate in its
sole discretion.
8.
Participation: The following below
is a partial list of the kind of content that is considered illegal or
prohibited on the Watiti Website. Watiti reserves the right to investigate
fully and take any appropriate legal action in its sole discretion against
anyone who violates this provision; including without limitation, removal of
the offending communication from the Service and automatically terminating the
membership of such violators. It includes Content that:
• is patently offensive to the online community, such as content that promotes
bigotry, racism, hatred or physical harm of any kind against any group or
individual;
•
promotes information that you are aware is false, promotes illegal activities
or misleading or conduct that is threatening, abusive, obscene, libelous or
defamatory;
•
involves the transmission of "chain letters," "junk mail", or unsolicited mass
mailing or "spamming";
•
advocates harassment or harasses another person;
•
promotes any illegal or unauthorized copy of someone else’s copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
•
contains password only access pages or restricted pages, or hidden pages or
images (those not linked to or from other accessible page);
•
displays any form of pornographic or sexually explicit material of any kind;
•
provides material that exploits persons under the age of eighteen in a violent
or sexual manner, or solicits the personal information from anyone under
eighteen;
•
provides instructional information about any illegal activities such as buying
or making illegal weapons, providing or creating any computer viruses or
violating a person’s privacy.
•
engages in commercial activities and/or sales without any prior written consent
from us; such as sweepstakes, contests, sweepstakes, advertising, barter and
pyramid schemes;
•
solicits personal identifying information for commercial or unlawful purposes
from other users or passwords.
•
posted any photograph
of another person without that person's consent;
•
to use sexually
suggestive imagery or any other unfair, misleading or deceptive content
intended to increase traffic to the profile
•
displays any criminal
or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
•
covering or
obscuring the banner advertisements on your personal profile page, or any
Watiti page via HTML/CSS or any other means;
•
any automated
use of the system, such as using scripts to add friends or send comments or
messages;
•
interfering
with, disrupting, or creating an undue burden on the Watiti Services or the
networks or services connected to the Watiti Services;
•
attempting to impersonate
another Member or person;
•
for band profiles,
copying the code for your Watiti Player and embedding it into other profiles or
asking other Members to embed it into their profiles;
•
using the Watiti Services
in a manner inconsistent with any and all applicable laws and regulations.
9.
Member Disputes. Interaction
between Watiti members is your sole responsibility. GEXC Inc. reserves the
right, but has no obligation, to monitor disputes between you and any other
Members.
10.
Privacy. Our Privacy Policy also
governs the use of the Watiti Web site and/or its Services.
11. Disclaimers. Watiti is not
responsible for any inaccurate or incorrect Content posted on the Web site or
in connection with the Service; whether caused by users of the members or users
of the Web site, or by any of the equipment or programming utilized or is
associated in the Service. Watiti assumes no responsibility for any
interruption, omission, error, delay in operation, deletion, defect,
communications line failure, destruction, theft or unauthorized access to, or
alteration of any user or Members communications. Watiti is not responsible for
the conduct, whether online or offline, of any user of the Watiti Web site or
Member of the Service. The Web site and the Service are provided "AS-IS" and
Watiti expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Watiti is not responsible for any technical malfunctions or
problems of any telephone network or lines, computer online systems, computer
equipment, servers or providers, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any
web site or combination thereof, including damage or injury to users and/or
Watiti Members or to anyone’s computer related to or resulting from downloading
material or participating in connection with the Web and/or in connection with
the Watiti Service. Under no circumstances will Watiti be responsible for any
loss or damage, including personal injury or death, resulting from anyone's use
of the Watiti Web site or the Service, any Content posted on the Web site or
transmitted to Members, or any interactions between users of the Web site,
whether online or offline. Watiti cannot guarantee and does not promise any
specific results from use of the Web site and/or the Service. The service may
not be available temporarily from time to time for maintenance purposes or
other reasons. No advice or information, whether written or oral, obtained by
Watiti users or through or from the service itself shall create any warranty
not expressly stated herein.
12.
Copyright Policy. You may not post,
reproduce, or distribute in any way any copyrighted material, trademarks, or
other proprietary information of Watiti without obtaining the prior written
consent of the owner of such proprietary rights.
It is the policy of Watiti to terminate Membership privileges of any member who
repeatedly infringes the copyright rights of others upon receipt of prompt
notification to Watiti by the copyright owner or the copyright owner's legal
agent. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service in a
way that constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; (ii)
a description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located on
the Watiti Web site; (iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
13.
Limitation on Liability. Except in
jurisdictions where such provisions are restricted, in no event will Watiti be
liable to you or any third person for any exemplary, indirect, consequential,
incidental, special or punitive damages, including also any lost profits
arising from your use of the Watiti Web site or the Services, even if Watiti
has been advised of the possibility of such form of damages. Notwithstanding
anything to the contrary contained herein, Watiti's liability to you for
whatsoever cause, and regardless of the form of the action, will at all times
be limited to the amount that is paid, if any, by you as a member to Watiti for
the Service during the term of the membership.
14.
Indemnity. You agree to hold and
indemnify Watiti, affiliates, its subsidiaries, agents, officers, and other
partners and employees, harmless from any loss, claim, liability, or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of your use of the Watiti Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above. If You are a California
resident, You waive California Civil Code Section 1542, which says "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
15.
No Agency. There is no partnership,
employee-employer, agency, franchisor-franchisee or joint venture, relationship
between Watiti and any User of the Watiti Service.
16.
Other. This Agreement, accepted
upon use of the Watiti Web site and further affirmed by becoming a registered
Member of the Service, contains the entire agreement between you and Watiti
regarding the use of the Web site and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect. Failure of Watiti to enforce or exercise any right or
provision of these stated Terms of Service shall not constitute a waiver of
such right or provision. The section titles in these Terms of Service are for
convenience only and have no legal or contractual effect.
Please contact us with questions you may have regarding this
agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
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