Thank you for becoming a Whuupser by using our services available within Whuups!
You we will refer to all such services, including additional apps published by Whuups LLC, and also third party services which are powered by Whuups LLC, as the “Services”.
The language of the Terms are legal, so that we are sure that you knowingly choose to used our services under these binding Terms ( Which actually constitute a binding agreement between Whuups LLC and yourself ).
When you use our services, you also agree to the Terms and they affect your rights and obligations. You can choose not to use our services, if you don’t want these Terms to apply (and by these Terms we also mean
NO ACCESS TO EMERGENCY SERVICES: Whuups is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
Some features of our services may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to these Terms. You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through our Services and anyone you send a message to can use the content of your message as they desire.
1. Legal Capacity: Children and Minors. If you are under the age of consent in your country to form a binding agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Service only if you are fully able to understand and enter into and comply with these Terms.
2. Updates to Terms: We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms at /https://whuups.com/en/terms-conditions/. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the services. You should visit this page regularly to review the current
Terms. If you do not agree to updated Terms, you should stop using our services and/or close your account. Your continued use of any of our services will be deemed as your acceptance of any revisions.
3. The Information you give Us to use the service must be correct. To access the Whuups service or some of the features we offer on Whuups, you will be asked to provide true and complete registration details. If we at Whuups believe the details are not correct, current, or complete, we have the right prevent you from accessing our services, or any of its resources and to terminate or suspend your account.
4. Trademarks and Copyrights. Our services and materials incorporated by Whuups on our services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Whuups in our services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Whuups LLC or others (“Trademarks”). Whuups or its licensors own the title, copyright, and other intellectual property rights in the material and service, and by using our services, you do not acquire any ownership rights in service or materials contained therein. Whuups respects the intellectual property rights of others and asks users of our services to do the same.
5. Your use of our material. You’re right to make use of our service and any material or other content appearing on it is subject to your compliance with these terms. You may not modify, or use the material or any other content on our services for any purpose not permitted by these terms. Such prohibited use violates these terms and may be a violation of the Copyrights and/or Trademarks protected by law.
You may access and display material and all other content displayed on our services for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The material and all other content on this service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Whuups. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the material and/or the services.
6. Call services. Premium services. As part of our service, we offer you to call your friends, colleagues who use Whuups, through our service, free of charge (calls use your data plan unless connected to Wifi).
7. Using the Service on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
8. Public Content. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON PUBLIC ACCOUNTS AND/OR PUBLIC CHATS, COMMENT SECTIONS, COMMUNITY PAGES CHATS, OR OTHER FORUMS ON THIS SERVICE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE WHUUPS LLC OR CONTENT PROVIDERS. WHUUPS DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF WHUUPS. WHUUPS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN WHUUPS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
9. Our use of your user content. Whuups will consider anything you provide to Whuups, including feedback, ideas or suggestions and/or contribute to this service as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.
10. Claims of Infringement. If you believe that any materials accessible on or from the service infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting our agent.
11. Responsibility for your use. You may only use our service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this service, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to our service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this service are the sole responsibility of the sender, not Whuups, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this service.
12. System Abuse. Bulk Messaging. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes) In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by Whuups, or undertake any other
activity which may adversely affect the operation or enjoyment of this service by any other person, including placing malware on the service.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this service.
13. Security of User Accounts. You are responsible for all activities that occur under your user account. You agree to notify Whuups immediately of any unauthorized use of your user account or any breach of security with respect to your user account. Whuups will not be liable for any loss that you may incur as a result of someone else using your user account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your user account.
14. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Whuups reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
15. Termination. As a Whuupser you will always continue to share good emotion and moment with the Whuups community through the use of our service, but you may terminate your relationship with Whuups at any time. Where permissible under the law, Whuups has the right to terminate your rights under our service without notice.
16. Disclaimer of Warranties. Although we make great efforts to make our service error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHUUPS LLC OR AFFILIATED COMPANIES OF WHUPPS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHUUPS LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHUUPS LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHUUPS LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WHUUPS LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM OR LUXEMBOURG VERSION OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.
21. Limitation of Liability. WHUUPS LLC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF WHUUPS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF WHUUPS LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
17. Indemnity. You agree to indemnify and hold harmless Whuups LLC from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Whuups’s servers and/or from any and all use of your user account.
18. Release. If you have a dispute with one or more users (including game developers and/or merchants), you release Whuups LLC from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
19. Investigations. Whuups may seek to gather information from a user who is suspected of violating these terms and from any other user. Whuups may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Whuups believes, in its sole discretion, that a violation of these terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users, terminate accounts, or take other corrective action it deems appropriate. Whuups may fully cooperate with any law enforcement authorities or court order requesting or directing Whuups to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF WHUUPS LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF WHUUPS LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF WHUUPS LLC OR LAW ENFORCEMENT AUTHORITIES.
20. Reservation of Rights. Whuups reserves the right to modify or discontinue, temporarily or permanently, all or any part of this service and/or any software, facilities, and services on this service, with or without notice and/or to establish general guidelines and limitations on their use.
21. Local Regulations. We make no representation that our Service is
available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically
agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
23. Proprietary Online Services. Any area of this service that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
24. Jurisdictional Issues. The materials and all other content in this service are presented for the purpose of providing information regarding the Whuups services available in the United States and elsewhere.
25. Choice of Law. To the extent permitted by law, and with the exception of Section 8 (which will be construed in accordance with the FAA and Delaware law), these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, as they are applied to agreements entered into and to be performed entirely within Delaware.
26. Binding Arbitration of All Disputes; No Class Relief.
This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action.
(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Whuups’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Whuups arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Delaware state or federal court with substantial experience in the internet industry and shall follow Dealware substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Whuups. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Whuups shall pay the costs and fees of JAMS and the arbitrator. Whuups agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms (a Dispute”), then you and we agree to send a written notice to the other providing a reasonable description dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us
at email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Whuups and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or Whuups to resolve the Section 8(b) Dispute on terms which either you or Whuups, in each of our sole discretion, are uncomfortable with.
27. How to Contact Us. This Service is controlled and operated by Whuups LLC, legal liability corporation, incorporated and registered under Delaware State File Number 7921642 – HBS Record Number 420701, having its registered office at 16192 Coastal Highway, Lewes, Delaware, 19958-9776 – USA. The director of the publication is Nedal Djedidi: firstname.lastname@example.org..
Please forward any comments or complaints about the Service to email@example.com.
Please forward any questions regarding privacy to firstname.lastname@example.org.
and other legal matters to email@example.com.
28. General. If any provision of these terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Whuups relating to the matters contained here and the Service.
In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.