Terms of Service

Last Updated: October 26, 2023

Welcome to whimsies.top. These Terms of Service ("Terms") govern your access to and use of the whimsies.top website and any related services, features, content, or applications offered by whimsies.top (collectively, the "Service"). Please read these Terms carefully.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to access or use the Service.

1. Acceptance of Terms

The Service is provided by the whimsies.top team ("we," "us," or "our"). By creating an account, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

You represent that you have the legal capacity and authority to enter into a binding agreement.

2.2 Account Registration

Access to certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service ("User Content"). You agree to use the Service only for lawful purposes and in accordance with these Terms.

You agree NOT to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable.
• Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
• Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation.
• Transmit any worms, viruses, or code of a destructive nature.
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
• Violate any applicable local, state, national, or international law or regulation.

We reserve the right, but are not obligated, to monitor, review, or remove User Content at our sole discretion and without notice.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of whimsies.top 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 the prior written consent of whimsies.top.

4.2 Your Property (User Content)

You retain all ownership rights to the User Content you submit, post, or display on or through the Service. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant us the license above.

4.3 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with the following information:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
• Your contact information.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• 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.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHIMSIES.TOP, ITS TEAM MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE