Terms of Use

Introduction

Welcome to WhiMeet! ❤️

These Terms of Use (this “Agreement”) constitute a legal agreement between you and Seen LLC (“we”, “our”, or “us”) stating the terms and conditions that govern your use of the WhiMeet mobile application and our website at https://whimeet.com (together, the “Services”).

In this Agreement, “Consumers” means consumers using our Services to consume information, purchase products or services, and attend events. “Organizer” means an individual or entity event creator using our Services to create events for Consumers. “Merchant” means an entity posting information of and selling products or services on our Services. Consumers, Organizers, Merchants, and any third parties accessing or using Our Services are all referred to in this Agreement collectively as “Users,” “you,” or “your.”

1. Accepting the Terms

Please read this Agreement carefully. By accessing or using our Services, you represent and warrant that you are legally able to form a binding contract with us, and that you accept the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use the Services.

Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on our website at https://whimeet.com, or where the Services are made available for download, on your mobile device's applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

2. Changes to the Terms

We may at our sole discretion change, add, modify, or delete portions of this Agreement from time to time. Please review this Agreement for changes prior to use of the Services. Your continued use of the Services following the posting of changes to this Agreement constitutes your acceptance of any changes.

3. Our Services and Role

We provide a platform facilitating connections among Consumers, Organizers, and Merchants through memorable experiences. Our Services empower Organizers to create, post, manage, and host events online or in-person. Meanwhile, Merchants can utilize our Services to post, promote, offer, and sell products and services.

It is important to note that we are not the creators, organizers, owners of the events, or sellers of products and services listed on our platform, nor do we sell tickets, registrations, or any merchandise. Rather, we function as a facilitator, offering Services to Users. This enables Organizers to manage ticketing and registrations, as well as promote their events, while Merchants can use the platform to promote their businesses and sell products or services.

When an event is hosted, the Organizer bears sole responsibility for ensuring compliance with applicable laws, rules, and regulations. Similarly, when products and services are sold, the Merchant is solely responsible for delivering them as described and in a satisfactory manner.

4. Account Registration

Our Services are not targeted at children. If you are under the age of 18, you must not use the Services.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You need to create an account with us in order to access and use the Services. When you create this account, you must provide accurate and current information. It is important that you maintain and promptly update your information to keep it update-to-date. All information you provide to register with the Services or otherwise is governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your account username and password. You are solely responsible for all activities that occur under your account. If you know or suspect of any unauthorized access to or use of your account or any other breach of security, please notify us immediately by sending an email to support@whimeet.com.

We reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of this Agreement, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

5. Licensure Requirements for Organizers and Merchants

If you are an Organizer or Merchant, along with your other representations and warranties, you represent and warrant to us that:

Before starting tickets sales or products and services sales, you will obtain all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) for the events you hosted or the products and services you sell;
You will comply, and will ensure that the venues for your events will comply, with all applicable laws, regulations, rules, and ordinances;
You will maintain throughout the use of the Services the applicable Licensure to promote, sponsor, host, and sell tickets for all of your events and to sell any products or services;
You will provide evidence of Licensure and related information prior to offering tickets, registrations for your events, or selling products and services, and promptly upon our reasonable request from time to time.

6. Fees and Payment Processing

You may need to pay fees for certain Services (“Fees”) . We may change the Fees and payment policies for the Services from time to time. Except as otherwise specified herein or in any purchase order, all Fees are quoted and payable in United States dollars. Payment is non-cancelable and non-refundable. Payments of the Fees can be made via third parties. We do not have access to nor retain any credit card information of any User of the Services.

7. Your Access to and Use of the Services

You must use the Services in compliance with all applicable laws. You must comply with applicable third-party terms of agreement when using the Services. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. All rights not expressly granted herein are exclusively reserved to us.

When using the Services, you may not:

modify, adapt, copy, translate, create derivative works from, publish, license, sell, or otherwise commercialize the Services, Our Content (defined below), or any information or software associated with the Services;
decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Services;
remove, obscure or alter our copyright notice, trademarks, or other proprietary rights notices affixed to the Services or Our Content;
rent, lease, sublicense, or otherwise transfer rights to the Services;
use the Services in any manner that could impair or interfere with the proper working of the Services;
interfere or attempt to interfere with the operation of the Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means;
use any robot, spider, other automatic device, or manual process to monitor or copy the Services or Our Content contained thereon or for any other purpose without our prior express written permission;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
impersonate or attempt to impersonate any person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

8. Our Content and Intellectual Property Rights

All the content, software, tools, text, images, logos, marks, photographs, data, audio, video, design, codes, layout, “look and feel”, other content that is included on the Services, including the User Content, and all intellectual property rights related thereto (“Our Content”), are either owned or licensed by us. Use of Our Content (excluding your own User Content) or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services for purposes on any device that you own or control and as permitted by the applicable rules. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services. The terms of this license will govern any upgrades provided by us that replace or supplement the original Services unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.

9. User Content

You and other users of our Services may submit, upload, transmit, display, or otherwise make available consent through the Services, including without limitation, any text, photographs, and user videos (“User Content”). You are responsible for your User Content, including for ensuring that your User Content and your posting of your User Content using the Services do not violate any applicable law or this Agreement and do not infringe the rights of any other party. The information and materials in the User Content do not need to be verified or approved by us before being posted. The views expressed by you or any other user on the Services do not represent our views or values.

When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions or are authorized by the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.

We do not claim ownership of any of your User Content. However, by submitting your User Content to the Services, you hereby grant us, our affiliates, and third party partners an unconditional, irrevocable, non-exclusive, royalty-free, fully transferrable, sub-licensable, perpetual, and worldwide license to use, copy, reproduce, edit, modify, adapt, make derivative works of, publicly display, distribute, publish, transmit, publicly display, and otherwise exercise all rights in and to the User Content in connection with our business, including, without limitation, through the Services, for the other users of the Services in connection with their use of the Services, for marketing and advertising purposes, to provide and maintain the Services, and on our merchandise in any media formats and through any media channels now known or hereinafter invented.

You may also choose to upload, transmit, or share your User Content on sites, platforms, or social media hosted by third parties. If you decide to do this, you must also comply with their terms and content guidelines.

Any User Content is non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary.

10. Prohibited User Content

As a platform dedicated to fostering a vibrant community, we are committed to providing a safe, inclusive, and respectful environment for all Users. We do not tolerate any form of harassment or disrespectful behavior.

The following is a non-exhaustive list of prohibited User Content that should not be posted on the Services: (a) Sexually explicit or inappropriate adult content. (b) Content that promotes the use of or sale of cannabis. (c) Content that puts minors at risk. (d) Content that promotes or facilitates bullying. (e) Hateful, discriminatory, or dangerous content. (f) Content that promotes or assists human trafficking. (g) Content about illegal activities. (h) Content that contains, endorses, or perpetuates potentially harmful misinformation. (i) Content that misrepresents yourself, your event, or the products and services you sell. (j) Content that invades others’ privacy. (k) Content that contains scams or any fraudulent and deceptive activities. (l) Content that sells, distributes, or transfers weapons and firearms.

11. Prohibited Events and Prohibited Transactions

You shall not post events to our Services or engage in events hosted by the Organizers that: (a) violate or help violate any applicable local, state, provincial, national or other law, rule or regulation, or (b) contain any Content that violate the terms in this Agreement.

You shall not process any of the following transactions, and you represent and warrant that you will not submit for processing any of the following: (a) any high-risk transactions, including but not limited to any transaction involving certain adult content or activities, illegal goods or services, paraphernalia associated with any illegal goods or service, crypto-currency purchases, raffles, sweepstakes, or gambling; (b) any fraudulent or criminal transaction; or (c) any transaction that is unrelated to your events or sales of products and services on our Services.

12. Third-Party Services

You may be able to link from the Services to third-party websites, software, services, or other resources that take you outside of the Services (“Third-Party Services”). We have no control over the contents of those sites or resources. We have no responsibility for the information, content, products, services, advertising, code, or other material provided through the Third-Party Services. Your interactions with Third-Party Services are subject to their own terms.

13. Change or Update to the Services

We shall have the right for any reason, in our sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Services, including but not limited to content or features, without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Services with or without notice or liability.

From time to time, we may make available updates or upgrades to the Services. Such updates or upgrades may occur automatically without the need for an act on your part, or it may require you to manually download an update or upgrade through the same source from which the Services was originally downloaded. Certain functions of the Services may be modified or discontinued as a result of any such update or upgrade or may not be available if you have not downloaded all updates and upgrades made available by us or otherwise.

We do not warrant that the functions, features or content contained in the services will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components.

14. Release and Assumption of Risks

You hereby agree to release us, our equity holders, subsidiaries, affiliates, and each of our and their respective officers, directors, employees, agents and advisors ( the “Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any of the following: (a) the access or use of the Services; (b) any event listed on the Services or any products or services sold on the Services; (c) your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure; or (d) your User Consent. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

You hereby acknowledge that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily, freely, and willfully.

15. Indemnity

You will defend, indemnify, and hold harmless the Released Parties from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation, warranties and covenants in this Agreement.

16. Exclusion of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT, TRADE CUSTOM, OR USAGE. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THIS AGREEMENT. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

17. Limitation of Liability

WE WILL NOT BE RESPONSIBLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT; (B) ANY LOSS OF GOODWILL; (C) ANY LOSS OF PROFITS; (D) ANY LOSS OF OPPORTUNITY; OR (E) ANY LOSS OF DATA. WE DISCLAIM ANY AND ALL LIABILITY OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR ANY OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

18. Copyright Policy

If you believe that your work has been copied and posted through the Services in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

Our Copyright agent for notice of claims of copyright infringement can be reached as follows: support@whimeet.com.

A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
a description of the copyrighted work that you claim has been infringed;
identification of the allegedly infringing material and where that material is located on the Services;
your name, address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

19. Apple and Google Play

This Agreement is between you and us. By downloading the Services from a device made by Apple, Inc. (“Apple”) or from Apple's App Store, you acknowledge and agree that you will comply with the terms of use by Apple. By downloading the Services from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you acknowledge and agree that you will comply with the terms of use by Google.

20. Miscellaneous

This Agreement is governed by the laws of the State of Washington, without reference to its choice-of- laws rules. The exclusive jurisdiction and venue for any action under this Agreement will be in the state and federal courts of King County, Washington. You accept the exclusive personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. We may assign our rights and delegate our duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of our assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and us. This Agreement and our Privacy Policy set forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.