Terms and Conditions
(Last updated: January 28, 2021)
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS” OR “AGREEMENT”) CAREFULLY.
Your use of the Whatz.it or Whatzit mobile application (“App”) in any manner related to the Services described herein constitute: (i) Your acceptance and agreement to be bound by all of these Terms; (ii) Your agreement to abide by and comply with these Terms, (iii) Your affirmation that You are over the age of eighteen, (iv) that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms; and (iv) that You are a legal resident and/or citizen of the United States of America (“United States” or (U.S.”), as the App is not intended to be utilized by non-U.S. residents.
If You do not agree to these Terms, You may not use Services described herein, including any use of the App.
This Agreement is made between Essential Ventures LLC, a Texas limited liability company and operator of the Whatz.it or Whatzit App and related services ("Company"). Company may also be referred to in this Agreement as “Us,” “We,” or “Our” and the user or visitor of the App as “You” or “Your.” Please read this Agreement carefully before using the Company App.
Your access to, and use of, Our App and all related services (“the Service(s)”) is conditioned upon Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of the Terms, then You do not have permission to access the Service.
By creating an account (“Account”) on Our Service, You agree to receive communications from Us related to Your Account (“Account Communications”). If We email You promotional information, and You wish to no longer receive such information, You may opt out of receiving these communications from Us by following the unsubscribe link or instructions provided in any email We send.
Our Service allows You to submit, link, store, share and otherwise make available (“Post” or “Posting”) certain information, images, photographs, text, graphics, videos, or other material ("Content"). You are responsible for the Content that You Post on or through the Service, including its legality, reliability, and appropriateness.
4. License Granted by You
By Posting Content on or through the Service, You represent and warrant that: (i) the Content is Yours (You own it) and/or You have the legal right to use it and the right to grant Us the rights and license as provided in these Terms, and (ii) that the Posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to immediately terminate the Account of anyone found to be infringing on a copyright.
Company has the right, but not the obligation, to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are either the property of Company or are used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advanced written permission from Us.
5. User Points
A user may receive points for actions that are designed to promote community engagement and/or improve the App's usability. As of the last update to these Terms, the four (4) ways a user may receive points are as follows: (1) when another user “Likes” Your comment, (2) when another user selects Your comment as the “Best Answer,” (3) when a user submits implant images that are chosen to be included in the implant database, and (4) when a user adds explant photos to a Post. The points values are different for each of the aforementioned and may change over time as We decide in Our sole discretion. Furthermore, the way(s) in which a user receives points may change, from time to time, without the need to update this Agreement.
We bear no responsibility or liability for points You have, or have not received, and for Your reliance upon receiving points for any purpose.
6. Accounts, Privacy, Security
When You create an Account with Us, You guarantee that You are eighteen (18) years of age or older, and that the information You provide to Us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination or suspension of Your Account.
You agree that Company is not liable for any lack of privacy or security that You may experience with regard to the Services, and that You are responsible for taking precautions and providing security that best suits Your intended use of the Services. You also agree that Company may access all features of Your account and the Services to determine whether the Services are being used fraudulently and/or in violation of these Terms, and for any other purposes.
You are responsible for maintaining the confidentiality of Your Account and password, including but not limited to the restriction of access to Your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under Your Account and/or password, whether Your password is with Our Service or a third-party service. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
Upon creating Your Account, You will be assigned a user identification (“User ID”) by Company. You will then have Your username (“User Name”) which will typically be Your first and last name; however, You agree that You will not use a User Name (a) that is the name of another person or entity or that is not lawfully available for Your use, (b) that is a trademark that is subject to any rights of another person or entity other than You, without appropriate authorization; or (c) that is offensive, vulgar or obscene.
7. Copyright Policy
We respect the copyrights of others. It is Our policy to respond to any claim that Content posted on the Service infringes on the copyright of any person or entity ("Copyright Infringement") if such claim is made pursuant to the steps outlined below under "DMCA Notice and Procedure for Copyright Infringement Claims.”
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes Copyright Infringement, please submit Your claim via email to Robert Twite (“Designated Agent”) at firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in Your claim a detailed description of the alleged Copyright Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims related to any Content found on and/or through Your Account.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Agent with the information in writing to email@example.com. We will only respond to inquiries that meet the requirements listed below.
Notices regarding alleged copyright infringement must include the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by a single notification, a representative list of such works on the App;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
(d) Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, or an electronic mail address at which You may be contacted;
(e) A statement that You have a good faith belief that use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Any notices or other communications regarding Copyright Infringement that are sent in any manner other than as described above, or that are not relevant to Copyright Infringement, will receive no response. We reserve the right to remove any Content alleged to be infringing without prior notice, at Our sole discretion, and without liability to Us, and/or to terminate or suspend Your Account if it is determined that You posted infringing content.
8. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality, are and will remain the exclusive property of Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.
You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, "IP Rights") in the Services and any firmware or software used to provide the Services or utilized in the equipment to provide the Services are and shall remain the sole and exclusive property of Company and its licensors. Nothing in these Terms intends to, or shall, grant, transfer, or assign any IP Rights to, or vest any IP Rights in, You. You are only entitled to the limited use of the rights expressly granted to You in these Terms. You will not take any action to jeopardize, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of these Terms, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that may be accessed through the Services or the App is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Services or any part thereof, including, without limitation, the equipment (or software or hardware therein) used in connection with the Service without Company’s prior written consent.
You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Services, or any firmware or software used to provide the Services or utilized in the equipment to provide the Services or parts thereof. You agree not to intercept, capture, emulate, decrypt, or redirect the communications protocols used by Company for any purpose, including, without limitation, causing the firmware or software to connect to any computer server or other device not authorized by Company or in a manner not authorized by Company.
All websites, portals, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Company are and shall remain the exclusive property of Company and nothing in these Terms shall grant You the right or license to use any of such marks.
9. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Company.
Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with use of, or reliance upon, any such content, goods or services available on or through any such third party websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third party websites or services that You visit.
We may terminate or suspend Your Account and bar access to the Service immediately, without prior notice or liability, in Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If You wish to terminate Your use of the Service, You may simply discontinue use of Your Account and related Services.
All provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property provisions, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
For purposes of these Terms, an affiliate (“Affiliate”) will include, but will not be limited to a parent company, a holding company, a partner company, or a company owned or controlled by Company. You agree to defend, indemnify and hold harmless Company and its Affiliates, licensee and licensors, including but not limited to, their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) Your use and access of the Service, by You or any person using Your Account and password; (b) a breach of these Terms, or (c) Your Content posted on the Service.
12. Limitation of Liability
In no event shall Company, nor its directors, employees, partners, agents, suppliers, or Affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of, or inability, to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of Your transmissions, Content or Posting, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13. Force Majeure
Company shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including, without limitation, acts of God, any pandemic, embargoes, strikes, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers or late delivery by such providers/suppliers, riots, sabotage, war, government requirements or intervention, or other events that are beyond Company’s reasonable control.
14. Additional Disclaimers
THE APP AND SERVICE ARE PRIMARILY AN EDUCATIONAL TOOL AND ARE NOT INTENDED TO SERVE THE FOLLOWING NEEDS: ENDORSEMENT OF ANY THIRD PARTY SERVICE OR PRODUCT TO INCLUDE, BUT NOT LIMITED TO ANY PARTICULAR MEDICAL DEVICE OR MEDICAL DEVICE COMPANY; AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE THE SERVICE HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SERVICE FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF THE SERVICE FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION(S).
COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR USE AS A REPOSITORY OR MEANS BY WHICH TO STORE ANY INFORMATION, TO INCLUDE THAT WHICH CONSTITUTES PROTECTED HEALTH INFORMATION (“PHI”) UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA”) AS WE ARE NOT BOUND BY HIPPA LAWS AND REGULATIONS AND DO NOT RECEIVE OR STORE ANY PHI.
COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES.
COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, OR FOR DAMAGES RESULTING FROM YOUR RELIANCE UPON THE SERVICE IN ANY MANNER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, TO INCLUDE BUT NOT LIMITED TO, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DEALERS, RESELLERS, PARTNERS, OR AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Your use of the Service is at Your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Company, its subsidiaries, Affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet Your requirements or expectations.
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. If so, applicable law will be adhered to, and accordingly, the limitations above might not apply to You. To the extent that Company cannot disclaim any such warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.
16. Governing Law, Waiver, Interpretation, Entire Agreement
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between You and Us regarding Our Service, and supersedes and replaces any prior agreements We might have had with You regarding the Service.
17. Cause of Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of these Terms or the Service. must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Company may assign these Terms and any of its rights and obligations hereunder at any time without notice or Your consent. You may not transfer or assign these Terms or any of Your rights or obligations under these Terms. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, these Terms shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
Notices to You shall be effective on the date We send a communication to Your email address that is registered to Your Account. You are responsible for notifying Company of any changes to Your email address through the Your Account profile screen.
Notice to Us shall be effective when You send Us an email to firstname.lastname@example.org, and We confirm receipt of Your email.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. However, if We make any material changes to these Terms, We will notify You that We have done so, either via an email to You or through posting such notification on Our App. If You do not agree to these Terms, any update to these Terms, or any other policy governing Your access to or use of Our Service or the App, then You should immediately terminate Your access to and use of the Service and the App.
By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, You are no longer authorized to use the Service.
21. Contact Us
If You have any questions about these Terms, please contact Us at email@example.com.
(Last updated: January 28, 2021)
2. Information Sharing, Collection, or Use
While using Our Service, We may ask You to provide Us with certain Personal Information that can be used to contact or identify You. We collect this information for the purpose of providing the Service, identifying and communicating with You, responding to Your requests/inquiries, and improving Our Service.
3. Log Data
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, and other statistics ("Log Data").
In addition, We may use third party services such as Google Analytics and UXCam that collect, monitor and analyze this type of information in order to increase Our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify You when receiving a new cookie. If You do not accept cookies, You may not be able to use some features of Our Service and We recommend that You leave them turned on.
5. Do Not Track Disclosure
We support Do Not Track ("DNT"). Do Not Track is a preference You can set in Your web browser to inform websites that You do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of Your web browser.
6. Third Party Service Providers
We may employ third party companies and individuals to facilitate Our Service, to provide the Service on Our behalf, to perform Service-related services and/or to assist Us in analyzing how Our Service is used. These third parties may have access to Your Personal Information only to perform specific tasks on Our behalf and are obligated not to disclose or use Your Personal Information for any other purpose.
7. Compliance With Laws
We will disclose Your Personal Information where required to do so by law or subpoena, or if We believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of Our Service.
8. Business Transaction
The security of Your Personal Information is important to Us, and We strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information We store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
We maintain a variety of appropriate technical and organizational safeguards to protect Your Personal Information both during transmission and once it is received, and We endeavor to provide an extremely secure environment.
However, please note that no website, mobile application or service is completely secure and so, while We endeavor to protect Your Personal Information using the measures described above, We cannot guarantee that unauthorized access, hacking, data loss or a data breach will not occur. If a data breach occurs, We will address such data breach, and any required notification to You, in accordance with applicable law.
10. Links To Other Sites
11. Children's Privacy
Only persons age eighteen (18) or older have permission to access Our Service. Our Service does not address anyone under the age of sixteen (16) years of age (“Child” or "Children").
We do not knowingly collect Personal Information from Children. If You are a parent or guardian and You learn that Your Child or Children have provided Us with Personal Information, please contact Us. If We become aware that We have collected Personal Information from Children, We take steps to remove that information from Our servers.
12. Data Retention
We will retain Your Personal Information for no longer than is necessary to fulfill the purposes for which the Personal Information was originally collected unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other legitimate and lawful business purposes.
13. California Residents: Your Privacy Rights
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business (in this case, the Company) that collects consumers’ Personal Information give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of Personal Information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if You choose to exercise Your rights We will not charge You different prices or provide different quality of services unless those differences are related to Your information.
We do not sell Your Personal Information. We disclose Personal Information for business purposes. From businesses that disclose Personal Information for a business purpose, You have the right to request:
• The categories of Personal Information that the business collected about You; and
• The categories of Personal Information that the business disclosed about You for a business purpose.
You have the right to request the business to delete the Personal Information it has collected from You, subject to certain legal exceptions, for example, when the Personal Information is necessary to complete a transaction for which We collected it or to comply with a legal obligation.
Businesses are prohibited from discriminating against You for exercising Your rights under the statute, including by:
• Denying You goods or services;
• Charging You different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Providing You with a different level or quality of goods or services; or
• Suggesting that You will receive a different price, rate, level, or quality of goods or services.
Nothing prohibits a business from charging a different price or providing a different level or quality of service if the difference is reasonably related to the value provided to the consumer by the consumer’s data.
Additional Disclosures Under the CCPA
We do not sell Your Personal Information to third parties (as those terms are defined under the CCPA). However, We do allow third parties to collect Personal Information through Our Services and share Personal Information with third parties for business purposes such as providing Our Services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing Our Services. Examples of information collected for business purposes include:
• Information You provide to Us: This includes the information You provide when You register, such as Your date of birth and identifiers including first name, last name, and email address, information You provide when You complete an application for Services on Our App, and information You provide when You submit information in forms or through other features of Our Services, from which We may make inferences.
• Information We automatically collect: We also collect information about how You access and interact with Our Services. This includes device information, log information, geolocation information, and Internet or other electronic network activity information collected through technologies like cookies, web beacons, and browser web storage.
• Information third parties provide about You: In order to provide Our Services, We may collect information about You from third parties.
15. Contact Us