ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WhatsAround WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old to use the Service.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, WhatsAround prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to WhatsAround upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other WhatsAround users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or WhatsAround.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any WhatsAround users.
You must not use domain names or web URLs in your username without prior written consent from WhatsAround.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any WhatsAround page is rendered or displayed in a user's browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your WhatsAround account by logging into the Service. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that WhatsAround is not responsible or liable for the conduct of any user. WhatsAround reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. WhatsAround does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that WhatsAround is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if WhatsAround has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the WhatsAround Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with WhatsAround's express consent).
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that WhatsAround may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by WhatsAround ("WhatsAround Content"). WhatsAround Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and WhatsAround, WhatsAround owns and retains all rights in the WhatsAround Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WhatsAround Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the WhatsAround Content.
The WhatsAround name and logo are trademarks of WhatsAround, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WhatsAround, except in accordance with our brand guidelines, available here: https://www.WhatsAround-brand.com/. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of WhatsAround, and may not be copied, imitated or used, in whole or in part, without prior written permission from WhatsAround.
Although it is WhatsAround's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, WhatsAround reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by WhatsAround, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, WhatsAround encourages you to maintain your own backup of your Content. In other words, WhatsAround is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. WhatsAround will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is WhatsAround's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, WhatsAround does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that WhatsAround is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
THE SERVICE, INCLUDING, WITHOUT LIMITATION, WhatsAround CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WhatsAround NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WhatsAround PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WhatsAround CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WhatsAround OR VIA THE SERVICE. IN ADDITION, THE WhatsAround PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE WhatsAround PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE WhatsAround PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE WhatsAround CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE WhatsAround PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, 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, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE WhatsAround PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE WhatsAround PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE WhatsAround PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WhatsAround'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, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE WhatsAround PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WhatsAround PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
WhatsAround IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor WhatsAround can require the other to participate in an arbitration proceeding. To opt out, you must notify WhatsAround in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
WhatsAround, LLC ATTN: Arbitration Opt-out 4701 Patrick Henry Drive, Santa Clara, CA, 95054
You must include your name and residence address, the email address you use for your WhatsAround account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with WhatsAround.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with WhatsAround must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WhatsAround to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that WhatsAround provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
“ShotCoins” are units of exchange that users of the WhatsAround App may generate through verified activities (e.g. sharing posts). ShotCoins may be used to redeem products, services and other benefits via the WhatsAround App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that ShotCoins may not be redeemed for cash from WhatsAround, Inc. or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of activities, sharing post verification algorithms and amounts of verified posts that must be undertaken by users in order to generate ShotCoins using the WhatsAround App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified posts required to generate a ShotCoin). Details of eligibility criteria and the volumes of verified activities required to generate ShotCoins from time to time are provided within the FAQ section of the WhatsAround App. Activity verification conducted by our algorithms is considered final and cannot be revised or reversed.
We may cap the maximum amount of ShotCoins that users of the WhatsAround App may generate each day using the WhatsAround App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
We may from time to time impose WhatsAround-denominated charges for the use of the WhatsAround App or to enable specific functionality of the WhatsAround App. Where we do this we will be entitled to deduct the applicable number of ShotCoins from your WhatsAround Account required to meet the applicable WhatsAround-denominated charges and we may retain and use the ShotCoins that we deduct for our own benefit. We will always be transparent about any applicable WhatsAround-denominated charges and details of any such charges are provided within the FAQ section of the WhatsAround App.
To illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a WhatsAround-denominated commission charge on the generation of ShotCoins entitling us to deduct a proportion of the ShotCoins that you generate. We may also impose recurring WhatsAround-denominated charges in relation to certain membership level categories. Details of any applicable rate of commission on WhatsAround generation from time to time, and any WhatsAround-denominated charges applicable to the different membership levels are provided in the FAQ section of the WhatsAround App.
We reserve the right to impose charges in relation to the use of WhatsAround App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the WhatsAround App. The currency and amount of any such charges may be determined by us in our absolute discretion.
The WhatsAround App allows you to send ShotCoins to third party users of the WhatsAround App. Please ensure that you have verified the identity of the recipient of the relevant ShotCoins before sending them. We may make available functionality enabling the donation of ShotCoins to charity.
2-. Acceptable Use
You agree that you shall not:
(a) seek to generate ShotCoins by any means other than your genuine in app activity meeting the eligibility criteria specified by WhatsAround from time to time and, in particular and without limitation, you shall not (i) simulate any such verified activity using artificial and/or mechanical means, (ii) enlist third parties to generate ShotCoins on your behalf (for the avoidance of doubt, however, you may receive transfers of ShotCoins from third parties using the functionality available within the WhatsAround App);
(c) operate more than one WhatsAround Account;
(e) reproduce, frame, display or mirror the WhatsAround App or WhatsAround Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the WhatsAround App or WhatsAround Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the WhatsAround App or WhatsAround Website(s);
(h) use the WhatsAround App or WhatsAround Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the WhatsAround App or WhatsAround Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the WhatsAround App or WhatsAround Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section by you, we may immediately suspend or terminate your access to the WhatsAround App and remove and delete any content from WhatsAround App or WhatsAround Inc. Website(s) violating this Section.
3-. WhatsAround Marketplace
The WhatsAround App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for ShotCoins (such functionality being the “WhatsAround Marketplace”).
To the extent that WhatsAround, Inc. agrees to administer on your behalf via WhatsAround, Inc.’s own account any offer of goods or services or other benefits in exchange for ShotCoins on the WhatsAround Marketplace, WhatsAround, Inc. shall be entitled to retain up to 100% of the ShotCoins received for its own benefit in its absolute discretion.
You agree that WhatsAround, Inc. has no responsibility for any goods, services or other benefits offered by you or by any third party on the WhatsAround Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the WhatsAround Marketplace. Our operation of the WhatsAround Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
WhatsAround, Inc. is entitled to alter the selection of goods services and other benefits on offer, and the number of ShotCoins required to redeem any such goods, services or other benefits offered, on the WhatsAround Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of ShotCoins required.
You represent and warrant to us that any goods, services or other benefits that you offer on the WhatsAround Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 6 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of ShotCoins in accordance with your stated terms and conditions.
You agree that we may remove any listing or offer on the WhatsAround Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on the WhatsAround Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the WhatsAround marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
You agree that disputes in relation to any goods, services or other benefit redeemed via the WhatsAround Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the WhatsAround Marketplace that we have not participated in.
We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the WhatsAround marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the WhatsAround Marketplace.
As a form of marketplace curation WhatsAround, Inc. may offer an option for the users to report an offer via WhatsAround app functionality and reserves a right after a review to delist the offer from the WhatsAround Marketplace.
4-. Apple's Requirements
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the WhatsAround App. We do not offer maintenance or support services in connection with the WhatsAround App.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the WhatsAround App or your possession and/or use of the WhatsAround App, including, but not limited to: (i) product liability claims; (ii) any claim that the WhatsAround App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the WhatsAround App or your possession or use of the WhatsAround App infringes that third party’s intellectual property rights, WhatsAround, Inc. and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any third party terms that are applicable to the use of the WhatsAround App from time to time.