Terms of Service

Last Updated: October 26, 2023

Welcome to whisked.top. These Terms of Service ("Terms") govern your access to and use of the whisked.top website, services, and any related applications (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, you may not access the Service. The Service is offered by whisked.top ("we," "us," or "our").

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and whisked.top. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that whisked.top will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free.

2.4 Prohibited Uses

You agree not to use the Service:

• For any illegal purpose or in violation of any local, state, national, or international law.
• To harass, abuse, threaten, or impersonate any person or entity.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
• To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• To interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• To attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.

3. User Responsibilities

3.1 User Content

You are solely responsible for any content, data, text, images, or other materials ("User Content") that you submit, post, display, or otherwise make available on or through the Service. You retain ownership of any intellectual property rights that you hold in your User Content.

By submitting User Content, you grant whisked.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

3.2 Conduct and Compliance

You agree to use the Service in compliance with all applicable laws, rules, and regulations. You are solely responsible for your conduct and your interactions with other users of the Service, if any. You agree that we are not responsible for the conduct of any user.

3.3 Indemnification

You agree to indemnify, defend, and hold harmless whisked.top, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

4. Intellectual Property

4.1 Our Property

The Service and its original content, features, and functionality are and will remain the exclusive property of whisked.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of whisked.top.

4.2 User Content License

As stated above, you retain your rights to any User Content you submit. However, by posting User Content, you grant us the license to use that content as necessary to provide and improve the Service.

4.3 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHISKED.TOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU