Acceptance of Terms.
The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Whatif® may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
From time to time, at its sole discretion, Whatif® may make all or any part of the Service available only to registered users (such as, for example, to subscribe or gain access to various information services concerning Whatif's® products, services, user groups and business). You may elect to register or not, at your discretion. The registration process may require you to provide your name, company name, address, telephone number, email address and certain additional information (such as, for example, your preferred contact method and product markets of interest to you). If enabled, you may initiate your registration at registration.
Rules and Conduct.
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your use for internal business purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
Whatif® may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
Whatif® has no obligation to monitor the Service or any use thereof. However, Whatif® reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
You agree not to provide Whatif® with any confidential or proprietary information that you desire or are required to keep secret.
Third Party Sites.
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Whatif's® control, and you acknowledge that Whatif® is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Whatif® or any association with its operators.
You agree that all content and materials delivered via the Service or otherwise made available by Whatif® at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Whatif® in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Whatif® is prohibited.
License to Whatif®.
By uploading, submitting or otherwise disclosing or distributing content of any kind at the Site or otherwise through the Service, you:
Whatif® may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may discontinue using the Service at any time.
THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WHATIF®, AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND CUSTOMERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability.
IN NO EVENT SHALL WHATIF® (OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR CUSTOMERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ANY ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF WHATIF® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
You agree to defend, indemnify and hold harmless Whatif®, its affiliates, licensors, suppliers and customers, and their officers, directors, employees and representatives, from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Service. Whatif® reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Whatif® in asserting any available defenses.
Whatif® makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability
Copyright and Trademark Notices.
Whatif®, Dors®, WorLd Processor®, Game Processor™, SmartData™, Possibility Maps™ and the flying pig logo are either trademarks or registered trademarks of Whatif® . The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
You may contact Whatif® at the following address:
Whatif Productions LLC