WhenWorksForYou WEBSITE AND EVENT SERVICES TERMS OF USE
EFFECTIVE DATE: March 31, 2009
This website, www.whenworksforyou.com (the "WWFY Website"), is owned and operated by Piragua Consulting, Inc. (referred to as "WWFY" "we," "us" or "our"), a corporation organized under the laws of Minnesota. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WWFY WEBITE AND THE EVENT PLANNING SERVICES PROVIDED BY WWFY AT THE WWFY WEBSITE (collectively the "Event Services"). By using the WWFY Website or the Event Services you agree to these terms of use (the "Terms"). If you do not agree to the Terms, please do not use the WWFY Website or the Event Services. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the WWFY Website or the Event Services following the posting of changes to the Terms will mean you accept those changes.
THE WWFY WEBSITE AND THE EVENT SERVICES
The WWFY Website, including, but not limited to, the Events Services and all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the WWFY Website or the Events Services is the property of WWFY or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. WWFY hereby grants you a limited, nonexclusive, non-transferable, personal license to use the WWFY Website and Events Services solely for your own personal or informational purposes. You may print and/or download and store portions of WWFY Website for personal use only, provided that you retain all copyright and other proprietary notices contained on the WWFY Website. Except as expressly authorized by WWFY in writing, you may not otherwise use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the WWFY Website or the Event Services for any purpose. All rights not expressly granted herein are reserved to WWFY and/or its licensors.
To create a WWFY user profile, use certain features of the Event Services (e.g. the "Auto Invite" function) or participate in certain activities sponsored by WWFY, we might ask you to register as a customer, user or participant. If so requested, each WWFY Website user must: (1) personally provide true, accurate, current and complete information on the WWFY Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, WWFY has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, WWFY may suspend or terminate any and all current or future use of the WWFY Website by that user. A user may receive passwords and account designations upon completing certain WWFY Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
CONTENT SUBMISSIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted by you to WWFY, the WWFY Website or in conjunction with your use of the Event Services, shall be collectively referred to as the "Content." The submitting user retains ownership of Content. Notwithstanding the user's ownership, the submitting user grants the royalty-free, perpetual, non-exclusive, transferable license to WWFY to use, reproduce, modify, adapt, publish, distribute and display such Content (in whole or part) worldwide solely for the purpose of providing access to and/.or your use of the WWFY Website or the Event Services. WWFY has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. WWFY shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. WWFY, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of WWFY Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the WWFY Website or the Event Services any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the WWFY Website or the Event Services to post or distribute Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this WWFY Website and the Event Services only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from WWFY; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. WWFY shall not be liable in any way for any Content.
PAYMENT FOR PREMIUM EVENT SERVICES
Your use of certain premium Event Services shall require your payment of a services fee (the "Services Fee"). The Services Fee shall be set forth on the Events Services registration page that you complete to gain access to such premium Event Services. You shall pay the Services Fee through your PayPal account. The Services Fee for premium Event Services offered on a monthly basis (and all applicable sales, use and excise taxes) shall be paid in advance each calendar month. The Services Fee for premium Event Services that is related to the number of "events" offered under the premium Event Services (and all applicable sales, use and excise taxes) shall be paid in advance at the time of registration.
TERMINATION
WWFY may terminate your use of the WWFY Website or the Event Services for: (1) breach of these Terms; (2) your abuse of WWFY Website resources or attempt to gain unauthorized entry to the WWFY Website or the Event Services; or (3) as required by law, regulation, court or governing agency order. WWFY's termination of any user's access to the WWFY Website or the Event Services may be effected without notice and, on such termination, WWFY may immediately bar any further access to the WWFY Website and the Event Services. WWFY shall not be liable to any user or other third party for any termination of that user's access to or use of the WWFY Website or the Event Services.
LINKS
The WWFY Website may provide links to other websites. WWFY exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE WWFY WEBSITE AND THE EVENT SERVICES IS AT HIS OR HER SOLE RISK. THE WWFY WEBSITE AND EVENT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WWFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WWFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE WWFY WEBSITE OR THE EVENT SERVICES. IN NO EVENT SHALL WWFY'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TRADEMARK INFORMATION
"WhenWorksForYou" is a trademark of WWFY. All other marks, names, and logos mentioned on the WWFY Website are the property of WWFY or their respective owners. Your use of the WWFY trademarks and other marks, names and logos set forth on the WWFY Website without prior written consent is strictly prohibited.
COPYRIGHTS
WWFY respects the intellectual property rights of others, and requires that the people who use the WWFY Website or the Events Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this WWFY Website or as part of the Events Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit WWFY to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a 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; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, MN 55415
612-659-8443
jroberts@newcounsel.com
PRIVACY
WWFY agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.whenworksforyou.com/about/privacy or by sending an e-mail request to: privacy@whenworksforyou.com.
GENERAL INFORMATION
The Terms constitute the entire agreement between each user and WWFY and govern each user's use of WWFY Website and the Event Services, superseding any prior agreements. The Terms and the relationship between each user and WWFY shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. This WWFY Website is controlled and operated by WWFY from its offices within the State of Minnesota, United States of America. WWFY makes no representation that materials in the WWFY Website, including the Event Services, are appropriate or available for use in other locations. Those who choose to access this WWFY Website or use the Event Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between WWFY and any user.