Preamble The following terms and conditions govern all use of the Whatsdadilly.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Whatsdadilly Inc. (Whatsdadilly). The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained in this and related documents (including, without limitation, the Whatsdadilly.com Privacy Policy) and procedures that may be published from time to time on this site by Whatsdadilly (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing orusing any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Whatsdadilly, acceptance is expressly limited to these terms.
1. Registration and Account Security. For the purpose of this document, Whatsdadilly user postings (“Postings”) are defined as information posted on the Website for the purpose of beginning or contributing to an existing conversation, activity, or initiating an authorized transaction. If you create Postings on the Website, you are responsible for maintaining the security of your account and Posting, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Posting. You must not describe or assign keywords to your Posting in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Whatsdadilly may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Whatsdadilly liability. You must immediately notify Whatsdadilly of any unauthorized uses of your Postings, your account or any other breaches of security. Whatsdadilly will not be liable for any acts or omissions by you, the user, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Users. The Website is available only to individuals who are 13 years of age or older. If you use the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio/video file, or computer software. By making Content available, you represent and warrant that:
3. Additional Consideration on Content Rights By submitting Content to
Whatsdadilly.com for inclusion on the Website, you grant Whatsdadilly a world-
wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and
publish the Content solely for the purpose of displaying, distributing and promoting
your Postings. If you delete Content, Whatsdadilly will use reasonable efforts to
remove it from the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
On occasions when Whatsdadilly finds it useful to make use of your content for the
above noted promotional purposes, Whatsdadilly will do its best to advise you
directly of its intensions to use your material for such purposes, but you agree to not
hold Whatsdadilly liable for the consequences of such use in the case where efforts
to convey to you its intensions to use the material ultimately proves unsuccessful.
Without limiting any of those representations or warranties, Whatsdadilly has the
right (though not the obligation) to, in Whatsdadilly’s sole discretion (i) refuse or
remove any content that, in Whatsdadilly’s reasonable opinion, violates any
Whatsdadilly policy or is in any way harmful or objectionable, or (ii) terminate or
deny access to and use of the Website to any individual or entity for any reason, in
Whatsdadilly’s sole discretion. Whatsdadilly will have no obligation to provide a
refund of any amounts previously paid.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Whatsdadilly.com links, and that link to Whatsdadilly.com, including any and all social networks through which visitors may be provided access to and from Whatsdadilly.com. Whatsdadilly does not have any control over those non-Whatsdadilly.com websites and webpages, and is not responsible for their contents or their use. By linking to or making accessible a non-Whatsdadilly website or webpage, Whatsdadilly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Whatsdadilly disclaims any responsibility for any harm resulting from your use of non-Whatsdadilly websites and webpages.
5. Copyright Infringement Policy.As Whatsdadilly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Whatsdadilly.com.com violates your copyright, you are encouraged to notify Whatsdadilly. Whatsdadilly will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Whatsdadilly will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Whatsdadilly or others. In the case of such termination, Whatsdadilly will have no obligation to provide a refund of any amounts previously paid to Whatsdadilly.
6. Intellectual Property. This Agreement does not transfer from Whatsdadilly to you any Whatsdadilly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Whatsdadilly. The Whatsdadilly logo, and all other trademarks, service marks, graphics and logos used in connection with Whatsdadilly.com, or the Website, are trademarks or registered trademarks of Whatsdadilly Inc. or Whatsdadilly’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Whatsdadilly or third-party trademarks
7. Cookies & Other Data Considerations. Whatsdadilly will make all efforts to make the Website and its related products or services safe, but cannot guarantee that the site will be free from defects such that safety and security is guaranteed or that data will be free from compromise. In providing the Website Whatsdadilly will make use of cookies and other similar data in accordance with its Privacy Policy, allowing it to enable Users persistent access to site sections. A User can choose not to allow cookies but this may impact their overall site experience.
8. Payments. Services on the Website will be offered free of charge but Whatsdadilly reserves the right to introduce fees for service or additional products in conjunction with the site for which fees for service are chargeable. Any such introductions will be reflected in changes to the Terms of Service. Although Whatsdadilly will do its best to advise of such changes, by continuing to use the service you agree to abide by these terms even in the event of changes.
9. Advertising Provisions. Whatsdadilly may choose to serve advertisements through its various platforms. Advertisers will be bound by terms that work in conjunction with these Terms of Service and the Privacy Policy. Whatsdadilly does not sell or rent its Users’ individually identifiable personal information to third parties, but may offer data in accordance with its Privacy Policy, including but not limited to offering information as aggregate data or with related metadata that provides insights on the User base as a whole.
10. Attribution. Whatsdadilly reserves the right to display attribution links such as ‘Posting at Whatsdadilly.com,’ or any applicable font attribution in your Posting footer, toolbar, or widget. Footer credits and any Whatsdadilly toolbar or widget, if they so exists, may not be removed regardless of upgrades purchased.
11. Changes to the Terms. Whatsdadilly reserves the right, at its sole discretion, to
modify or replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes acceptance of
those changes. Whatsdadilly may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and conditions of
this Agreement.
You represent and warrant that (i) even in the event of changes your continued use
of the Website will be in strict accordance with this Agreement and the
Whatsdadilly Privacy Policy and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, province, state, city,
or other governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data exported
from Canada, the United States or the country in which you reside) and (ii) your use
of the Website will not infringe or misappropriate the intellectual property rights of
any third party.
12. Termination. Whatsdadilly may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your Whatsdadilly.com
account (if you have one), you may simply discontinue using the Website.
Whatsdadilly can terminate the Website immediately as part of a general shut down
of our service. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties. The Website is provided “as is”. Whatsdadilly and its
suppliers and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability, fitness for
a particular purpose and non-infringement. Neither Whatsdadilly nor its suppliers
and licensors, makes any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. You understand that you download
from, or otherwise obtain content or services through, the Website at your own
discretion and risk.
14. Site and Mobile Access. The expectation is that any User will be accessing the Website for the specific purpose of making use of the services as offered and that access will not be for malicious purposes, including but not limited to any attempts to compromise the security of other Users data, personal details and other such content. Whatsdadilly will provide the Website and other services in a manner such that they may be accessible by mobile devices. These Terms of Service are applicable to any means by which a User might attempt to access the service and Users agree to abide by these Terms of Service regardless of the means by which the Website may become accessible in the future. The User assumes all risks and liability with relation to their data and personal information if they choose to make use of public networks in conjunction with their accessing the Website via mobile devices.
15. LIMITATION OF LIABILITY. WHATSDADILLY HAS NOT REVIEWED, AND CANNOT
REVIEW, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE, POSTED TO
THE WEBSITE, AND CANNOT THEREFORE BE RESPONSIBLE FOR THAT
MATERIAL’S CONTENT, USE OR EFFECTS. BY OPERATING THE WEBSITE,
WHATSDADILLY DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES THE
MATERIAL THERE POSTED, OR THAT IT BELIEVES SUCH MATERIAL TO BE
ACCURATE, USEFUL OR NON-HARMFUL. YOU ARE RESPONSIBLE FOR TAKING
PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR COMPUTER
SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR
DESTRUCTIVE CONTENT. THE WEBSITE MAY CONTAIN CONTENT THAT IS
OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AS WELL AS CONTENT
CONTAINING TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES, AND
OTHER ERRORS. THE WEBSITE MAY ALSO CONTAIN MATERIAL THAT VIOLATES
THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL
PROPERTY AND OTHER PROPRIETARY RIGHTS, OF THIRD PARTIES, OR THE
DOWNLOADING, COPYING OR USE OF WHICH IS SUBJECT TO ADDITIONAL TERMS
AND CONDITIONS, STATED OR UNSTATED. WHATSDADILLY DISCLAIMS ANY
RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS OF THE
WEBSITE, OR FROM ANY DOWNLOADING BY THOSE VISITORS OF CONTENT
THERE POSTED.
IN NO EVENT WILL WHATSDADILLY, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE
WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II)
THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR
INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY
AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO WHATSDADILLY UNDER THIS
AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF
ACTION. WHATSDADILLY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR
DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE
FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE
LAW.
16. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, Privacy Policy and any other policy Whatsdadilly may choose to enforce and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
17. Indemnification. You agree to indemnify and hold harmless Whatsdadilly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
18. Miscellaneous. This Agreement constitutes the entire agreement between Whatsdadilly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Whatsdadilly, or by the posting via Whatsdadilly.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in the Greater Toronto Area, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration rules as set out by a registered and recognized third party arbitrator sourced by Whatsdadilly, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Whatsdadilly may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
USER ACCEPTANCE. HAVING REVIEWED AND UNDERSTOOD THESE TERMS OF SERVICE
AND THE TERMS AS LAID OUT IN THE ACCOMPANYING PRIVACY POLICY, THE USER
AGREES TO ABIDE BY THEM IN FULL IN MAKING USE OF THE WEBSITE.
© WhatsDaDilly Inc. 2019
Website Visitors
Like most website operators, Whatsdadilly Inc. (Whatsdadilly) collects non-personally-
identifying information of the sort that web browsers and servers typically make available,
such as the browser type, language preference, referring site, and the date and time of each
visitor request. Whatsdadilly’s purpose in collecting non-personally identifying
information is to better understand how Whatsdadilly’s visitors use its website. From time
to time, Whatsdadilly may release non-personally-identifying information in the aggregate,
e.g., by publishing a report on trends in the usage of its website.
Whatsdadilly also collects potentially personally-identifying information like Internet
Protocol (IP) addresses for logged in users and for users posting on Whatsdadilly.com or
related properties and only discloses logged in user IP addresses under the same
circumstances that it uses and discloses personally-identifying information.
Gathering of Personally-Identifying Information
Certain visitors to Whatsdadilly’s Website choose to interact with Whatsdadilly in ways
that require Whatsdadilly to gather personally-identifying information. The amount and
type of information that Whatsdadilly gathers depends on the nature of the interaction. For
example, we ask visitors who sign to contribute Postings at Whatsdadilly.com to provide a
username and email address. Those who engage in transactions with or through
Whatsdadilly are asked to provide additional information, including as necessary the
personal and financial information required to process those transactions. In each case,
Whatsdadilly collects such information only insofar as is necessary or appropriate to fulfill
the purpose of the visitor’s interaction with Whatsdadilly. Whatsdadilly does not disclose
personally-identifying information other than as described below. And visitors can always
refuse to supply personally-identifying information, with the caveat that it may prevent
them from engaging in certain website-related activities.
Aggregated Statistics
Whatsdadilly may collect statistics about the behavior of visitors to its websites. For
instance, Whatsdadilly may monitor the most popular Postings on the Whatsdadilly.com
site or use spam filter services to identify spam posted in place of proper Postings.
Whatsdadilly may display this information publicly or provide it to others. However,
Whatsdadilly does not disclose personally-identifying information other than as described
below.
Protection of Certain Personally-Identifying Information
Whatsdadilly discloses potentially personally-identifying and personally-identifying
information only to those of its employees, contractors and affiliated organizations that (i)
need to know that information in order to process it on Whatsdadilly’s behalf or to provide
services available at Whatsdadilly’s website(s), and (ii) that have agreed not to disclose it
to others. Some of those employees, contractors and affiliated organizations may be located
outside of your home country; by using Whatsdadilly’s websites, you consent to the
transfer of such information to them. Whatsdadilly will not rent or sell potentially
personally-identifying and personally-identifying information to anyone. Other than to its
employees, contractors and affiliated organizations, as described above, Whatsdadilly
discloses potentially personally-identifying and personally-identifying information only in
response to a subpoena, court order or other governmental request, or when Whatsdadilly
believes in good faith that disclosure is reasonably necessary to protect the property or
rights of Whatsdadilly, third parties or the public at large. If you are a registered user of a
Whatsdadilly website and have supplied your email address, Whatsdadilly may send you
notifications of content of interest as specified in your Whatsdadilly account options,
occasionally send you an email to tell you about new features, solicit your feedback, or just
keep you up to date with what’s going on with Whatsdadilly and our products. We
primarily use our various internally produced featured product related Postings to
communicate this type of information, so we expect to keep email to a minimum. If you
send us a request (for example via a support email or via one of our feedback mechanisms),
we reserve the right to publish it in order to help us clarify or respond to your request or to
help us support other users. Whatsdadilly takes all measures reasonably necessary to
protect against the unauthorized access, use, alteration or destruction of potentially
personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that
the visitor’s browser provides to the website each time the visitor returns. Whatsdadilly
uses cookies to help Whatsdadilly identify and track visitors, their usage of Whatsdadilly
website, and their website access preferences. Whatsdadilly visitors who do not wish to
have cookies placed on their computers should set their browsers to refuse cookies before
using Whatsdadilly’s websites, with the drawback that certain features of Whatsdadilly’s
websites may not function properly without the aid of cookies.
Business Transfers
If Whatsdadilly, or substantially all of its assets, were acquired, or in the unlikely event that
Whatsdadilly goes out of business or enters bankruptcy, user information would be one of
the assets that is transferred or acquired by a third party. You acknowledge that such
transfers may occur, and that any acquirer of Whatsdadilly may continue to use your
personal information as set forth in this policy.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners,
who may set cookies. These cookies allow the ad server to recognize your computer each
time they send you an online advertisement to compile information about you or others
who use your computer. This information allows ad networks to, among other things,
deliver targeted advertisements that they believe will be of most interest to you. This
Privacy Policy covers the use of cookies by Whatsdadilly and does not cover the use of
cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor, Whatsdadilly may change its Privacy Policy
from time to time, and in Whatsdadilly’s sole discretion. Whatsdadilly encourages visitors
to frequently check this page for any changes to its Privacy Policy. If you have a
Whatsdadilly.com account, you should also check your account profile page for alerts to
these changes. Your continued use of this site after any change in this Privacy Policy will
constitute your acceptance of such change.