Terms of Service
Effective October 28, 2015 (rev 1.05)
Wha-la.com (the “Wha-la Website”, or “Website”) is owned and operated by A.C.E. Ventures LLC D/B/A Wha-la (hereafter “Wha-la”, “we”, “our”, or “us”) a limited liability company organized and existing under the laws of the Commonwealth of Virginia. “You” or “your” means an adult user of the Website acting independently or as a parent or guardian for any minor whom you grant access to the Website and for whom you will be held strictly responsible.
Wha-la grants you a limited, non-exclusive license to access and use the Wha-la Website and any Wha-lages you purchase through the Wha-la Website for your own personal, non-commercial purposes. This includes the right to view content available on the Wha-la Website. This license is personal to you and may not be transferred, assigned, or sublicensed to anyone else.
A “Wha-lage” is a creative work that is intended solely for your personal, non-commercial use. All Wha-lages, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Wha-la, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Website includes all aspects of the Wha-la.com, including but not limited to all products, software, and services offered, such as the Design Dashboard, and other applications.
Except as expressly provided in these Terms of Service, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Wha-la’s express prior written consent.
Your Use of the Website
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Wha-la reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any Wha-la server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or attempt to trace any information on any other user of or visitor to the Website, or any other customer of Wha-la, including any Wha-la account not owned by you personally, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other individual’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Wha-la on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Wha-la or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to adhere to such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.
Wha-la’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
Wha-la may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Wha-la makes no commitment to update the materials on the website with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to open an account. You are wholly responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Wha-la immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Wha-la or any other user of or visitor to the Website due to someone else using your Wha-la ID, password or account as a result of your failing to keep your ID and password secure and confidential.
You may not use any other individual’s Wha-la ID, password or account at any time without the express permission and consent of the holder of that Wha-la ID, password or account. Wha-la cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Disclaimer of Warranties
THE WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. WHA-LA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WHA-LA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WHA-LA WEBSITE. WHA-LA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WHA-LA WEBSITE. WHA-LA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WHA-LA WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WHA-LA WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WHA-LA WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WHA-LA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WHA-LA WEBSITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WHA-LA WEBSITE, FROM INABILITY TO USE THE WHA-LA WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WHA-LA WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WHA-LA WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WHA-LA WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WHA-LA WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WHA-LA WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WHA-LA WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WHA-LA WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
DMCA and Address for Legal Notices
Send all legal notices regarding these Terms of Service to:
A.C.E. Ventures LLC
Attn: Legal Notices
1021 Eaton Dr.
Mclean, Virginia 22102
If you maintain a good faith belief that materials hosted on the Wha-la.com infringe your copyright or trademark rights, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) that the Content be removed, or access to it be blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 of an exclusive right that is allegedly infringed.
Upon receiving a DMCA notification, Wha-la will evaluate the claim and take appropriate remedial action.
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. All disputes regarding these Terms of Service shall be brought exclusively in the state or county courts of Arlington County, Virginia or the Alexandria Division of the United States District Court for the Eastern District of Virginia. You consent to the exclusive jurisdiction of such courts and hereby waive any jurisdictional or venue defenses otherwise available. In the event you nevertheless bring suit in another jurisdiction, you agree to pay the costs and fees (including attorneys’ fees) incurred by Wha-la in defending or seeking dismissal of the same. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Wha-la.