This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: April 11, 2013.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the whatshudoin principles, and is our terms of service that governs our relationship with users and others who interact with whatshudoin. By using or accessing Whatshudoin, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how Whatshudoin works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Whatshudoin to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
Third party services
We may disclose to third party services certain personally identifiable information listed below:
- Information you provide us such as name, email, mobile phone number
- Information we collect as you access and use our service, including device information, location and network carrier
This information is shared with third party service providers so that we can:
Sharing Your Content and Information
- Personalize the app for you
- Perform behavioral analytics
You own all of the content and information you post on Whatshudoin, and you can control how it is shared through your privacy and settings. In addition:
- For content that is covered by intellectual property rights, like photos (IP content), you specifically give us the following permission, subject to your privacy and settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Whatshudoin (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Whatshudoin, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Whatshudoin, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Whatshudoin safe, but we cannot guarantee it. We need your help to keep Whatshudoin safe, which includes the following commitments by you:
Registration and Account Security
- You will not post unauthorized commercial communications (such as spam) on Whatshudoin.
- You will not collect users' content or information, or otherwise access Whatshudoin, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Whatshudoin.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes ("promotion") on Whatshudoin.
- You will not use Whatshudoin to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Whatshudoin, such as a denial of service attack or interference with page rendering or other Whatshudoin functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Whatshudoin users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
Protecting Other People's Rights
- You will not provide any false personal information on Whatshudoin, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile and street primarily for your own commercial gain, and will use a Whatshudoin account for such purposes.
- You will not use Whatshudoin if you are under 13.
- You will not use Whatshudoin if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any profile or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
We respect other people's rights, and require you do the same.
Mobile and Other Devices
- You will not post content or take any action on Whatshudoin that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Whatshudoin if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Whatshudoin, the Whatshudoin and wsd Logos, wsd, doin, cool, not cool, assassinate, the list of personalized moods (refer to personalized moods section) and street), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Whatshudoin.
Special Provisions Applicable to Social Plugins
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Whatshudoin.
If you include our Social Plugins, such as the cool or not cool buttons on your website, the following additional terms apply to you:
Special Provisions Applicable to Developers/Operators of Applications and Websites
- We give you permission to use Whatshudoin's Social Plugins so that users can post links or content from your website on Whatshudoin.
- You give us permission to use and allow others to use such links and content on Whatshudoin.
- You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Whatshudoin.
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
Special Provisions Applicable to Software
- You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Whatshudoin Platform Policies and our Advertising Guidelines.
- Your access to and use of data you receive from Whatshudoin, will be limited as follows:
- You will only request data you need to operate your application.
- You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
- You will not include data you receive from us concerning a user in any advertising creative.
- You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
- You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
- We can require you to delete user data if you use it in a way that we determine is inconsistent with users' expectations.
- We can limit your access to data.
- You will comply with all other restrictions contained in our Whatshudoin Platform Policies.
- You will not give us information that you independently collect from a user or a user's content without that user's consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on www.whatshudoin.com.
- We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with Whatshudoin to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Whatshudoin Platform Policies.
- We can issue a press release describing our relationship with you.
- We do not guarantee that Platform will always be free.
- You give us all rights necessary to enable your application to work with Whatshudoin, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
- You give us the right to link to or frame your application, and place content, including ads, around your application.
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application.
- If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on whatshudoin.com).
- If we make changes to policies referenced in or incorporated by this Statement, we may provide notice.
- Your continued use of Whatshudoin following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Whatshudoin to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
- If anyone brings a claim against us related to your actions, content or information on Whatshudoin, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Whatshudoin and are not responsible for the content or information users transmit or share on Whatshudoin. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Whatshudoin. We are not responsible for the conduct, whether online or offline, or any user of Whatshudoin.
- WE TRY TO KEEP WHATSHUDOIN UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WHATSHUDOIN AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WHATSHUDOIN WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT WHATSHUDOIN WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WHATSHUDOIN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- By "Whatshudoin" we mean the features and services we make available, including through (a) our website at www.whatshudoin.com and any other Whatshudoin branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the cool button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Whatshudoin or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Whatshudoin.
- By "content" we mean anything you or other users post on Whatshudoin that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Whatshudoin or provide to Whatshudoin through Platform.
- By "post" we mean post on Whatshudoin or otherwise make available by using Whatshudoin.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Whatshudoin at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- This Statement makes up the entire agreement between the parties regarding Whatshudoin, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Whatshudoin.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, WHATSHUDOIN CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WHATSHUDOIN NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WHATSHUDOIN PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WHATSHUDOIN CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WHATSHUDOIN OR VIA THE SERVICE. IN ADDITION, THE WHATSHUDOIN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE WHATSHUDOIN PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.