The website www.whimsysmitten.com (this “website”) is a regional web portal created and managed by Whimsy Smitten. Use of this website obligates you to fully comply with this user agreement.
Your access to or use of this website shall conclusively be deemed to be your acceptance of the terms of this user agreement set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use this website.
Whimsy Smitten may modify this user agreement at any time. Such modifications shall be effective upon posting of the modified user agreement. It is your responsibility to and we suggest that you review this user agreement each time you access this website to be aware of any modifications. Your continued access to or use of this website shall conclusively be deemed to be your acceptance of any modified user agreement.
If you are dissatisfied with this user agreement, your sole and exclusive remedy is to discontinue using this website.
1. Copyright and Trademark Notice
All content and images contained within or on this website (i.e. text, images, maps and all other online material) is protected by domestic and international copyright, trademark and other laws and other rights unless otherwise specified. The owners of the intellectual property, copyright and trademarks are Whimsy Smitten, its affiliates or other third-parties which have licensed these to Whimsy Smitten or its affiliates, as the case may be.
It is illegal to copy, reproduce or distribute copyrighted and trade-marked material without the permission of the owner. Accessing text or images provided on websites does not extend any rights to a user. Only the copyright trade-mark owner, or the owner’s legal agent, can give you permission to copy, distribute or publicly display protected material. Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the internet, transmission, redistribution or other exploitation of this web site or of any of its content or images, in whole or in part, other than as expressly set out in this user agreement, is strictly prohibited without the express written consent of Whimsy Smitten.
However, you are permitted to print, download and share content and images from this website solely for your non-commercial purposes that positively promote the greater Whimsy Smitten area. All content or images shared must be unaltered and must not change or delete any copyright or proprietary notices from the materials, and you must not alter the material in any way. Any other use requires written permission from Whimsy Smitten.
2. Idea Submission
By submitting any information, data, content or other materials to Whimsy Smitten, you agree to grant to Whimsy Smitten a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any such information, data, content or other materials (including, without limitation, ideas contained therein for new or improved products and services).
You agree that you shall have no recourse against Whimsy Smitten, its affiliates, officers, directors, employees, information or service providers and licensees for any alleged or actual infringement or misappropriation of any proprietary right regarding any information, data, content or other information or materials that you submit to Whimsy Smitten.
3. Use of the Site
Except for information, products or services clearly identified as being supplied by Whimsy Smitten, we do not operate, control or endorse any information, products or services on this website in any way unless otherwise indicated. Except for Whimsy Smitten identified information, products or services, all information, products and services offered through this website or on the Internet generally are offered by third parties that may or may not be affiliated with Whimsy Smitten.
You also understand that Whimsy Smitten cannot and does not guarantee or warrant that any information, data, software or files available through this website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data.
In connection with your use of this website, you agree that you will not:
a) Transmit or distribute any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable that may invade another’s right of privacy or publicity;
b) Transmit or distribute any message, information, data, text, software or images, or other content where such transmission or distribution would violate any application law, regulation or third party rights;
c) Impersonate any person or entity, including but not limited to, an Whimsy Smitten official, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
e) Post or transmit any material that contains a virus or corrupted data;
f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g) Use the website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive “shouting” by use of all caps, or “flooding” by continuously posting repetitive text);
h) Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i) Promote or provide information about activities which are illegal, promote physical harm or injury against any group or individual, promote any act of cruelty to animals or promote hatred or disparagement of any race(s) or ethnic group(s);
j) Violate any applicable local, national or international law;
k) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
l) Delete or revise any material posted by any other person or entity;
m) Manipulate or otherwise display this website by using framing or similar navigational technology or falsify or manipulate any identifying information, data or elements in order to disguise the origin of any content of this website;
n) Access, download, copy or otherwise use any information on this website or Whimsy Smitten servers that you are not authorized to access, download, copy or otherwise use;
o) Disrupt, obstruct or interfere with this website, Whimsy Smitten’s servers or any other online service of Whimsy Smitten; or
p) Use or access this website or its contents in any way to engage in any activity that in the sole judgment of Whimsy Smitten is otherwise objectionable.
4. Disclaimer of Warranties
You assume total responsibility and risk for your use of this website and the internet. Whimsy Smitten provides this website and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose), including, without limitation:
- regarding any merchandise, information, data or service provided through this website or on the internet generally.
- that this website and its content will be accurate, complete, reliable, suitable or timely;
- that the operation of this web site will be uninterrupted or error free;
- that any defects or errors in or on this website will be corrected;
- that this website will be free from viruses, worms, trojan horses or other harmful components that manifest contaminating or destructive properties; or
- that communications from this website will be secure or not intercepted.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all data. opinions, advice, services, merchandise and other information provided through this website. You access such data. opinions, advice, services, merchandise and other information at your risk. Whimsy Smitten accepts no responsibility whatsoever for such materials.
5. Links
This website may provide links to non-Whimsy Smitten Internet sites or resources for your convenience and information. Because Whimsy Smitten has no control over such sites and resources, you acknowledge and agree that Whimsy Smitten is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for and makes no representation, warranty or conditions regarding any content, data, information, advertising, products or other materials on or available from such sites, resources or such other sites’ links.
It is your responsibility to verify any information contained in any linked sites before relying on it. You should review these sites’ terms and conditions. You further acknowledge and agree that Whimsy Smitten shall not be responsible or liable, directly or indirectly, for any direct, incidental, consequential or indirect damage or loss caused (or alleged to be caused) by or in connection with use of or reliance on any content, information, data, goods or services available on or through any such site or resource.