The Service is not targeted, marketed to, or intended for use by anyone under the age of 16. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufactures that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.
Membership and Membership Security
In order to access and use certain areas or features of the Service, you may need to register for a membership or subscription (a “Membership”). You can register for a Membership as follows:
Download one of our Apps on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create a Membership. You may also register for a Membership on our Site by clicking the “SIGN UP NOW” box and following the prompts to create a Membership.
We do not charge to download WSWD Apps, but standard data rates may apply.
By creating a Membership, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) maintain the security of your credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use your Membership, including by use of the Service on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your Membership. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.
Ownership, License & Restrictions on Use
The content and material, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, contained in, or made available in connection with the Service (collectively, the “Content”) are protected by law, including, but not limited to United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Service is controlled and operated by WSWD from its offices within the U.S. WSWD makes no representation that the Service or Content is appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the Apps on your mobile device for your personal non-commercial use only; and (ii) view the Site, and to print insignificant portions of materials retrieved from the Site provided (a) they are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Service (including the Content). Further, you may not reproduce any part of the Service (including the Content) and any such violation with respect to the Service will terminate the license(s) granted herein.
You also may not, without the permission of WSWD, "mirror" any of the Content on any other server. Any unauthorized use of any of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
The trademarks, service marks, and logos, including but not limited to WSWD’s name, logo, and all related names, logos, product and service names, service marks, designs, and slogans (the "Trademarks") used and displayed on the Service (including the Content) are registered and unregistered Trademarks of WSWD and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service (including the Content), without the written permission of the Trademark owner. WSWD aggressively enforces its intellectual property rights to the fullest extent of the law. WSWD’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without prior, written permission of WSWD. WSWD prohibits use of the WSWD logo as a "hot" link to any website, including the Site, unless establishment of such a link is approved in advance by WSWD in writing.
You acknowledge that you are responsible for whatever material you submit, and that you, not WSWD, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. WSWD has the right but not the obligation to monitor and edit or remove any activity or content. WSWD takes no responsibility and assumes no liability for any User Submissions or Content posted by you or any third party. We reserve the right to remove Content and User Submissions without prior notice (or to refuse to transmit or publish any User Submission) for any reason, and to terminate or refuse a User’s access to the Service for any reason.
We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide us notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” at What Should We Do LLC, 1501 Broadway, Suite 301, New York, New York 10036 or by email to email@example.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512
). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Third Party Events, Products and Services
Sales of all goods and services are final and may not be returned for a refund or exchange. Links to Third Party Websites do not imply endorsement of the website by WSWD.
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU AGREE THAT YOUR USE OF THE SERVICE, CONTENT, AND ANY THIRD PARTY EVENTS, PRODUCTS AND SERVICES SHALL BE AT YOUR SOLE RISK. ANY RELIANCE YOU PLACE ON INFORMATION PROVIDED TO YOU THROUGH THE SERVICE, CONTENT, AND ANY THIRD PARTY EVENTS, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. WE MAKE NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. THE SERVICE AND CONTENT MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICE AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, CONTENT, AND ANY THIRD PARTY EVENTS, PRODUCTS AND SERVICES, AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT, OR ANY THIRD PARTY EVENTS, PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITE OR CONTENT PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY EVENTS, PRODUCTS AND SERVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, CONTENT, OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ANY THIRD PARTY. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER CONDITIONS OF USE. WE ARE NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, CONSULTANTS, INDEPENDENT CONTRACTORS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICE, CONTENT, OR THIRD PARTY EVENTS, PRODUCTS AND SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON THE MEMBERSHIP AND/OR SUBSCRIPTION IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP AND/OR SUBSCRIPTION. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WSWD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. THIS INCLUDES A CLASS ACTION WAIVER.
Any Dispute arising out of or relating to any of the Services or these Terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The rules of JAMS and additional information about JAMS are available on the JAMS website (jamsadr.com). By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THR RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WSWD WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Governing Law and Venue
These Terms, your access to and use of the Service and any claim or dispute you may bring against WSWD, its affiliates, subsidiaries, parent companies, members, shareholders, agents and assigns, shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in New York, New York.
If WSWD sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Service, authorize WSWD to assign the information you provided to WSWD or that WSWD has collected while you use the Service.
We reserve the right, at any time, to change any fees or charges for using any services or Membership provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
What Should We Do LLC
1501 Broadway, Suite 1300
New York, New York 10036