By downloading, accessing, or using the mobile applications, websites, or other products or services of HEY YOU, WHAT'S UP, Inc. and our affiliates ("HEY YOU, WHAT'S UP", "we" or "us"), or the services, features, or functionality jointly offered with other companies through our mobile application or website (collectively, the "Services"), you agree to be bound by these “Terms”. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HEY YOU, WHAT'S UP WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Don’t be mean or rude to anyone.
HEY YOU, WHAT'S UP is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating HEY YOU, WHAT'S UP accounts. For certain features or functionality offered by us or others through the Services, users must be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well. We do, however, offer a limited-functionality version of HEY YOU, WHAT'S UP.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one HEY YOU, WHAT'S UP account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof. So be cool.
Privacy – another boring document
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that HEY YOU, WHAT'S UP is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to HEY YOU, WHAT'S UP, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, when you submit User Content to HEY YOU, WHAT'S UP in connection with Our Stories and other crowd-sourced Stories, you agree that the User Content License accords HEY YOU, WHAT'S UP the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication of Our Stories and other crowd-sourced Stories in any and all media or distribution methods, now known or later developed. No use of User Content, including without limitation, Our Stories and other crowd-sourced Stories, in accordance with the User Content License shall entitle you to any compensation from HEY YOU, WHAT'S UP, or any other companies, organizations, or individuals.
Feedback – sure, let us know
You agree that any feedback, suggestions, ideas, or other information or materials regarding HEY YOU, WHAT'S UP or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of HEY YOU, WHAT'S UP. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
HEY YOU, WHAT'S UP Content
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "HEY YOU, WHAT'S UP Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of HEY YOU, WHAT'S UP Content may violate such laws and these Terms. Except as expressly provided in these Terms, HEY YOU, WHAT'S UP does not grant any express or implied rights to use HEY YOU, WHAT'S UP Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, HEY YOU, WHAT'S UP Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and HEY YOU, WHAT'S UP Content. This license is revocable at any time. This license is subject to these Terms and does not include:
Any use of the Services or HEY YOU, WHAT'S UP Content other than as specifically authorized in these Terms, without the prior written permission of HEY YOU, WHAT'S UP, is strictly prohibited and will terminate the license to use HEY YOU, WHAT'S UP granted in these Terms.
Prohibited Activities – be smart
In addition to the other restrictions outlined in these Terms, you agree that you will not:
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of HEY YOU, WHAT'S UP, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting HEY YOU, WHAT'S UP usernames in app store reviews is strictly prohibited and may result in us deleting your HEY YOU, WHAT'S UP account.
Account Security- Don’t tell your password to anybody
After opening a HEY YOU, WHAT'S UP account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the HEY YOU, WHAT'S UP API. If you use any such application or client, you acknowledge and agree that HEY YOU, WHAT'S UP will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
Modifications to the Services – yup, sometimes.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Copyright Policy – we hope that there is no issue, but one never knows
HEY YOU, WHAT'S UP respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If HEY YOU, WHAT'S UP becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
Disclaimer – basically “it is not our fault if something does not work”
THE SERVICES AND THE HEY YOU, WHAT'S UP CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE HEY YOU, WHAT'S UP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
Note to International Users – and we hope that there are many
The Services are hosted in the European Union. If you are a user accessing the Services from the Americas, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from EU laws, please be advised that through your continued use of the Services, which are governed by EU law, you are transferring your personal information to the EU and you consent to that transfer.
Disputes – lets not fight
By agreeing to these Terms you agree to indemnify, defend, and hold harmless HEY YOU, WHAT'S UP, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the "HEY YOU, WHAT'S UP Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will HEY YOU, WHAT'S UP or the HEY YOU, WHAT'S UP Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if HEY YOU, WHAT'S UP has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against HEY YOU, WHAT'S UP for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, HEY YOU, WHAT'S UP is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, HEY YOU, WHAT'S UP’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HEY YOU, WHAT'S UP, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
4) Forum and Venue
A lawsuit, if any, by you or HEY YOU, WHAT'S UP against the other will occur in state or federal court in Los Angeles County, California. You and HEY YOU, WHAT'S UP agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and HEY YOU, WHAT'S UP will be governed by these Terms and the laws of the European Union, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
Severability – lawyer’s back door for messing up a contract
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Complete Agreement – I wish it were one paragraph
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and HEY YOU, WHAT'S UP. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your HEY YOU, WHAT'S UP account.