Connected World Creations, LLC Terms of Use

Last updated: November 7th, 2017

These Terms of Use (“Terms”) govern our relationship with you and form a legally binding contract between you and Connected World Creations, LLC (“CWC”).  Please read them carefully.

When you use CWC’s products, including WH@M, (collectively, the “Services”) you agree to all of the Terms listed below, our Privacy Policy, and any other policies and rules that we create.

We may update these Terms periodically, and when we do, the current Terms supersede any prior Terms.  If you do not agree with the Terms, then you can delete your account at any time.

1. Who Can Use the Services?

  • No one under the age of thirteen (13) is allowed to create an account or use the Services.

  • By using the Services you state that you are legally allowed to form a binding contract with CWC, or that you are using the Services with a guardian or other representative who is legally allowed to form a binding contract with CWC.

  • You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

2. Rights We Grant You

We grant a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable license to access, use and enjoy the Services in a way that complies with these Terms.

CWC alone owns its patents, trademarks, and copyrights to materials included in the Services’ layout, graphics, navigation design, source code, the collective and compiled copyrights in its databases, and all other content created by CWC employees, contractors, consultants, and contributors to these Services.  Therefore, we do not grant you rights to:

  • use CWC’s branding, logos, designs or any other material used in the Services in any way, including, but not limited to: in a way that causes confusion or implies that CWC sponsors, endorses, or is connected to your own activities, products, or services; hidden or embedded text in web pages, or in a way that is critical of CWC or the Services;

  • copy, archive, download, upload, distribute, syndicate, broadcast, display, make available or otherwise use any portion of the Services, except as set forth in these Terms; or

  • use the Services for any commercial purpose, without our consent.

3. Rights You Grant Us

Our Services allow you to create, send, receive and store content.  When you do that, you retain the ownership rights you had in such content to begin with.  However, you grant us a license to use that content.

While we are not required to do so, we may access, review, screen and delete your content at any time and for any reason, including if we think your content violates these Terms.  Because the Services contain content that you and other users provide to us, sometimes, advertising may appear near your content.

If you provide feedback or suggestions to us to improve our Services, we can use your ideas without compensating you.

4. How You Use the Services

While we want you to enjoy your use of the Services, it is important that you respect the rights of others.  Therefore, you agree that you may not use the Services in any manner that:

  • Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right;

  • Bullies, harasses, intimidates, threatens or defames another individual;

  • Spams or solicits other users;

  • Could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services;

  • Harms a child in any way; or

  • Is vulgar, obscene, invasive of someone’s privacy, hateful, or racially, ethnically objectionable, or wrongful in some other way, including posting content that contains or links to pornography or graphic violence.

Further, you must not use any part of the Services, its content, or its underlying programs to:

  • Perform any illegal activity under the laws of any state, federal or international law that applies to your use of the Services, including but not limited to:

    • Uploading any content that you do not have a right to transmit, including information from fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

    • Uploading any content that infringes, misappropriates, or in any way violates a party’s patent, trademark, trade secret, copyright or other proprietary rights;

    • Stalking or harassing someone; or

    • Using any function of the Services to collect or store personal data about other users unless CWC and the user(s) have authorized you to do so.

  • Solicit login credentials from another user or use or attempt to use another user’s account, username or password without their consent;

  • Upload any virus or other malicious code or otherwise compromise the security of the Services;

  • Decompile, extract or disassemble our source code;

  • Copy, change, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any part of the Services, its content or its software, except as allowed by these Terms;

  • Develop any third-party applications that interact with the Services or other users’ content or information without CWC’s written consent;

  • Use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other user’s information;

  • Rent, lease, loan, sell, sublicense, or create derivative works from these Services, except as allowed by these Terms;

  • Use software or other method to monitor or copy our Services; or

  • Determine the Services architecture or extract information about usage, users, or their identities.

5. Investigation of Complaints or Reported Violations

CWC may investigate complaints and reported violations of these Terms. If we suspect illegal or inappropriate activity, we may report it to law enforcement officials, regulators, or other parties. We may disclose user information of anyone or any entity involved in that activity to the extent necessary, including, but not limited to: user profiles, e-mail addresses, usage history, submitted or uploaded materials, IP addresses, and traffic information. If possible, we will take reasonable steps to minimize the disclosure of confidential information of users who are not the target of the investigations, such as by redacting confidential information.

6. Copyright

CWC reserves the right to remove any content that allegedly infringes a third party’s copyright or otherwise violates the rights of any third party, or for any reason whatsoever, and to prohibit further use of the Services by the individuals responsible for said infringement or violation. CWC also reserves the right to pursue any party that submits an erroneous declaration.

If you believe that any content appears on these Services in violation of your copyright or other proprietary rights, you should send a notice to CWC by first-class mail, return receipt requested, at the following address: 96A Broad Street, Guilford, Connecticut, 06437.

Such notice should include the following:

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit CWC to locate the material;

  • Information reasonably sufficient to permit CWC to contact you, such as an address, telephone number, and, if available, an e-mail address;

  • The signature of the complaining party;

  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law;” and

  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Your Account

You are responsible for the activity that occurs in your account with the Services.  Therefore, it is important that you keep your account secure and select a strong password that you do not use for any other account.

Further, you agree that:

  • You will not create more than one account for yourself;

  • If we disabled your account for any reason, then you will not create a new account for the Services;

  • You will not buy, sell, rent or lease access to your account, without our written permission;

  • You will not share your password; and

  • You will not log-in or attempt to access the Services through any unauthorized third-party application or client.

In the event you think someone has access to your account, who should not have such access, please contact us at the contact information below.

8. Communications with CWC

You may communicate with CWC via the contact information provided below.  CWC takes reasonable steps to keep your information confidential.    By using the Services you agree that your personal information that you provide shall not:

  • be false, inaccurate or misleading;

  • violate the rights of any third party, including without limitation privacy and proprietary rights;

  • be fraudulent;

  • violate any state or federal law, statute, ordinance or regulation;

  • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

  • contain any malware, viruses or other computer programming routines that are intended to damage, interfere with, hold for ransom, intercept or expropriate any system, data or personal information; or

  • create liability for CWC.

9. Links and Third Parties

The Services may list links to other websites.  When you click on a link to other websites, you leave the Services. Those links are not a recommendation or approval of those websites or their owners.  Such third party websites are not under CWC’s control. We are not responsible for those websites, the information, services or products they may offer, or any loss or damage you may endure due to visiting those websites.

If you use a service, feature or functionality that is operated by a third party and made available through a link or the Services, each third party’s terms of use will govern that third party’s respective relationship with you.  CWC is not liable for a third party’s terms of use or actions taken under the third party’s terms of service.

10. Disclaimer

While we try to keep the Services functional and working properly, when you use the Services, you do so at your own risk.  The Services are provided to you “as is, and as available.” CWC does not guarantee or warrant the Services to be always available, correct, up-to-date, reliable, free of viruses or other defects, or that any problems or inaccuracies will be corrected.

CWC is not responsible for any loss, injury, claim, liability, or damage related to:

  • The device, hardware or software you use to access the Services,

  • Your use of the Services for any purpose,

  • The unavailability of the Services or any content.

CWC makes no guarantee that any material on the Services is

  • Suitable for any special purpose, or

  • Free of any claim of ownership by a third party.

CWC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limited Liability

CWC PROVIDES ALL CONTENT ON THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CWC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.  THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BY YOUR USE OF THE SERVICES, YOU AGREE TO WAIVE ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES OR ITS CONTENT, WHETHER SUCH CLAIMS ARE AGAINST CWC OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE SERVICES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL CWC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION FROM, YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF CWC OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE SERVICES TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED.  THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS AND YOUR USE OF THE SERVICES.  IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, CWC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  THE FEES (OR LACK THEREOF) CHARGED FOR ACCESS TO THE SERVICES HAVE BEEN CALCULATED BASED ON THESE LIMITATIONS.

12. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messages and data charges.  If you are unsure of the charges, ask your service provider before using the Services.

13. Governing Law

These Terms will be governed by and construed in accordance with the laws of the Connecticut, without regard to its conflict of laws provisions.  You consent to the jurisdiction of the federal courts located within the state of Connecticut and waive all objections to such jurisdiction and venue.

14. Indemnification

You agree, to the extent permitted by law, to indemnify and hold harmless CWC, our affiliates, directors, offices, employees, licensors and agents, from any and all claims, losses, expenses, damages and costs, including but not limited to reasonable attorneys’ fees, due to or arising as a result of: (a) your access or use of the Services; (b) your content; and (c) your breach of these Terms.

15. Enforcing CWC’s Rights

When you use the Services, you agree that any use that violates these Terms may cause irreparable injury to CWC.  If you do not follow these terms, you agree that CWC will:

  • Have the right to non-monetary relief, including a court order requiring you to stop or to perform any relief a court may impose, and

  • Not have to post any bond or other security.

16. Assumption of Risk

CWC is not responsible for the conduct of any user on or off of the Services.   You understand that CWC does not conduct criminal background checks on its users or otherwise inquire into the background of any user.   Accordingly, CWC makes no representations or warranties as to the trustworthiness or conduct of its users.   By using the Services, you do so at your own risk.  Therefore, you should use caution when interacting with users either through the Services or if you meet in person. Ultimately, you are solely responsible for your interactions with other users.

17. Survival

Sections 5, 6, 7, 8, 10, 11, 13, 14, 15, 17, and 18 shall survive the termination of your relationship with CWC.

18. Severability

If any part of these Terms is found invalid or unenforceable, CWC and you agree that:

  • All other parts of these Terms are valid,

  • The intended meaning of the invalidated part will be replaced with language that closely matches CWC’s original intent, and

  • The remainder of these Terms remains valid.

Even if a term of this agreement goes unenforced, CWC does not waive any part of this agreement, unless it does so in writing.

19. Integration

The version of these Terms, incorporating by reference any supplemental rules, terms or policies posted on the Services, constitutes the complete statement of the agreement between you and CWC for your use of the Services.

20. Modification to Terms of Use

Updated versions of these Terms of Use will appear on the Services and are effective immediately. Your continued use of the Services after any update constitutes your agreement to be bound by the updated Terms of Use. You are responsible for regularly reviewing the Terms of Use.

21. Contact Us

You may contact us with any comments, questions, concerns or suggestions by reaching us at: charles@getwhamnow.com