1. Use License
2. Content Provided by Users
Much of what Whyttle provides, and its value to our community, is built on content that users post on our website, including articles, photos, videos and other content that Users create and share, as well as links to other things on the web. User-provided content (“UP Content”) on Whyttle is governed by certain rules:
- Ownership and use of content. You retain any ownership rights that you hold in UP Content that you post on Whyttle, subject to provisions of these Terms. For UP Content that you post on Whyttle that is covered by intellectual property rights that you hold, you grant us and our users a non-exclusive, transferable, worldwide, sub-licensable, royalty-free license to use, store, reproduce and display such content.
We value your comments as to how we can continue to improve Whyttle. You agree that we may use any suggestions or ideas that you provide to us without compensating you.
- Guidelines for posting content. In offering UP Content, you agree to respect the rights of other people and to not take any action that would threaten or harm other users of Whyttle. You will not post any UP Content that:
- Infringes any third party’s rights, including intellectual property rights;
- Is false, fraudulent or deceptive, or that violates laws or encourages others to do so;
- May pose a risk of harm, damage or other loss to any other person or to the property of another person; or
- Is threatening to others, constitutes hate speech or profanity, is racially or ethnically offensive or is otherwise defamatory, intimidates or harasses other users, is pornographic or contains graphic or gratuitous violence or incites violence.
- Deleting content. Whyttle has the right to remove any UP Content that we believe violates these Terms, or that is otherwise inconsistent with our policies. When UP Content is deleted from Whyttle, either by you or by us, you understand that such content may remain in backup files for a reasonable period of time. Also, Whyttle and its users may retain and may continue to use, display and distribute your UP content that other users have stored or shared through Whyttle.
3. Links and References to Other Content
Whyttle’s Services may include links and references to websites, products, services, advertising or other content that is provided by third parties and/or is posted by users of our Services and that we do not own, produce or control. Whyttle does not endorse any content provided by a third party or by a user of our Services, and we assume no responsibility for such content. If you access a website or other content that is provided by a third party or by another user of our Services, you do so at your own risk, and you agree that Whyttle will have no liability for any harm or damage that may result from such access or use.
Whyttle is concerned about security, and we work to protect the security of our Services and our users. However, we cannot guarantee that third parties will not be able to breach the measures we take. We ask that you let us know if you become aware of any compromise to Whyttle’s security.
Whyttle can suspend or terminate your license to use our Services if, in our judgment, you violate these Terms or if you create a risk or legal exposure to Whyttle. If we suspend or terminate your access to our Services, you will continue to be bound by Sections 2, 3, 6 and 7 of these Terms.
6. Disclaimers and Liability
Our Services and the content included as part of our Services are provided on an “as is” basis, without any warranty, whether express or implied. Whyttle assumes no responsibility or liability for any UP Content that you or any other user or third party posts or distributes using our Services. You understand that content included as part of our services may contain errors and is subject to revision. You understand and agree that you may be exposed to UP Content on Whyttle that is inaccurate or that is objectionable, unsuitable for children, or otherwise not suited for your purposes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHYTTLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY DIRECT OR INDIRECT LOSS OF REVENUES OR PROFITS, OR FOR ANY LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OUR SERVICES, OR YOUR INABILITY TO ACCESS OR USE OUR SERVICES; (B) ANY CONTENT PROVIDED ON, OR CONDUCT UNDERTAKEN THROUGH, OUR SERVICES BY OTHER USERS OR THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY ILLEGAL, DEFAMATORY OR OFFENSIVE CONDUCT BY OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS TO, OR USE OF, YOUR CONTENT OR OF ANY OTHER INFORMATION YOU TRANSMIT THROUGH OUR SERVICES. IN NO EVENT SHALL WHYTTLE’S AGGREGATE LIABILTY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
These Terms shall be governed by the laws of the State of Delaware.
Whyttle may revise these Terms from time to time. Whenever we do so, we will post the most current version on our website. If we believe any revision in these Terms is material, we will highlight on our homepage that such a revision has been made. By continuing to access or use our Services, you accept and agree to be bound by our revised Terms.
What Information We Collect
- Information you provide voluntarily. Whyttle collects certain personally identifiable information, which you provide when you register to use our website, or subsequently in the course of using our Services. (“Personally identifiable information” means information that can be used to identify you as an individual.)
When you register on Whyttle’s website you are asked to provide: (i) your name; (ii) the country in which you live, as well as your state, if you live in the US; (iii) a valid email address; and (iv) a password that you use to log onto our website.
In the course of using Whyttle’s Services, you may also choose to provide other information, which could include: (i) a photo of yourself; (ii) the city in which you live; (iii) your date of birth; and (iv) a list of the communities you have joined on Whyttle; and (v) a brief description of yourself and your interests.
Server logs are logs that the servers we use to host Whyttle generate each time someone visit our website. These logs contain information such as: (i) the date and time of a visit to our site; (ii) the Internet Protocol address of the computer that is used to access the site; (iii) the length of time a user spends on our site and the path s/he takes through the site; and (iv) any errors the user encounters. We use this information principally to monitor the functioning of Whyttle’s website.
Third-party tracking technologies gather information on the use of a website. The technology that Whyttle employs collects such information as the browser software that a visitor to our site uses, the amount of time for which a user is logged onto Whyttle, and the pages visited. Data obtained through the third-party tracking technology that we use does not include any personal information, nor is it linked to such information.
How We Use Information
Whyttle uses the information we gather from visitors to our website in order to ensure that our Services provide the greatest possible value to users. It is our general practice to use personally identifiable information only for the purposes for which it was requested and for any additional uses specifically stated on our website.
As part of your personal profile on Whyttle, and in allowing other users to identify you when you post content or comment on others’ content, we display some of the information you provide us when you register on our website. These items include your name, your gender, the country in which you live, and the state in which you live, if you live in the U.S. In addition, when you join a community on Whyttle or post content or comment on existing content associated with a community, your association with that community will be visible to other users of our website. For other personally identifiable information you provide, our website allows you to control who else on Whyttle can see that information. (See “How to Control Access to Your Information’ below.) Neither the email address you provide us when you register with Whyttle nor your password is ever visible to anyone else who visits our website.
Whyttle will not sell or rent any of your personally identifiable information to a third party. We will not disclose such information to others, except as required by law or regulation, including, for example, in response to court orders, subpoenas, search warrants or discovery requests.
How to Control Access to Your Information
By using privacy settings that are incorporated into our website, you can control who else on Whyttle can see certain items of information that you provide us. If you choose, you can limit those on Whyttle who can view your gender, your birth date, the city in which you live, or a brief “About Me” description of yourself and your interests, to those users of the website who are also a member of at least one of the same communities you have joined. At any time you may update any of the personally identifiable information you provide to Whyttle, or the privacy settings you apply to that information.
You may also be able to control what information Whyttle collects by disabling or not accepting cookies through the preferences on your browser. If you opt to disable cookies, however, you may note be able to use certain features of Whyttle’s website.
Disclaimers and Liability
Whyttle shall not be liable for any improper or incorrect use of information obtained through the use of our Services.