terms



Terms of Use

If you do not agree to be bound by all of the following Terms of Use, do not access or use any of the Whaleo services.

By accessing or using the Whaleo website or Whaleo mobile application made available by Michael Warren or any other Service or Application by Michael Warren(together, as the "Whaleo Service(s)"), in any way, you agree to be bound by these terms of use ("Terms of Use"). The term "Content" refers to data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content.

You agree to NOT do the following things:

  1. upload viruses or other malicious code to this site or any Whaleo Services.
  2. post any content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  3. use this site or any Whaleo Services to do anything unlawful, misleading, malicious, or discriminatory
  4. anything that could disable, overburden, or impair the proper working of the Whaleo.com site and the Whaleo Service.
  5. impose an unreasonable load on the Whaleo Services.
  6. solicit, collect or use the login credentials of other Whaleo users.
  7. post private or confidential information via the Service, including, but not limited to, any credit card information, social security information or alternate national identity numbers, phone numbers or email addresses.
  8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  9. change, modify, adapt or alter any Whaleo Services.
  10. create or submit spam to any Whaleo users or Whaleo Services.
  11. use any web URLs in your username.
  12. be false or misleading.
  13. inject content or code or otherwise alter or interfere with the way any Whaleo Services.
  14. create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Violation of these Terms of Use may result in termination of your Whaleo account, at the discretion of Whaleo. Whaleo will not be responsible for the Content posted in any Whaleo Service. Use at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Whaleo, we can stop providing all or part of the Service to you.

Conditions

  1. You must be 13 years old or older to use the Whaleo Service.
  2. You are responsible for securing your password.
  3. You are solely responsible for your conduct and any content that you submit, post or display on or via the Whaleo Service.
  4. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. To deactivate your Whaleo account send us an email at support@whaleo.com. If we terminate your access to the Service or you use the email detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
  5. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  6. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  7. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  8. We reserve the right to force forfeiture of any username for any reason.
  9. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  10. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Whaleo is not responsible or liable for the conduct of any user. Whaleo reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  11. There may be links from within the Whaleo Services, or from communications you receive from the Whaleo Services, to third-party web sites or features. We do not control, maintain or endorse any third-party content within the Whaleo Services. Functionality on the Whaleo Services may also permit interactions between the Whaleo Services and a third-party web site or feature, including applications that connect the Whaleo Services or your profile on the Whaleo Services with a third-party web site or feature. You agree that Whaleo is in no way responsible or liable for any such third-party services or features. Any dealing with third parties found within or through the Whaleo Service is solely between you and the third party.
  12. You agree that you are responsible for all and any data charges you incur through use of any Whaleo Service.
  13. Crawling, scraping, caching or otherwise accessing any content on the Service via automated means is strictly prohibited except as may be the result of standard search engine protocols or technologies used by a search engine with Whaleo's express consent.

Rights

  1. Ownership of any Content that you post on or through the Service is not claimed by Whaleo. However, a non-exclusive, fully paid and royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service is hereby granted to Whaleo by you. This license is subject to the Service's Privacy Policy.
  2. Some Whaleo Services display advertisements and promotions, and you hereby agree that Whaleo may place such advertising and promotions in any way conjunction with your Content. The advertising and promotions are subject to change without notice to you.
  3. You acknowledge that paid services, sponsored content, or commercial communications may not always be identified as such.
  4. You acknowledge that Whaleo or the Whaleo Services do not screen, check, or endorse any user. Any communication between you and another user is solely monitored by you and the user. Whaleo takes no liability and no responsibility for damages that may result from contacting other users of the Whaleo Service.
  5. You represent and warrant that:
    • you own the Content posted by you on or through the Whaleo Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.
    • the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
    • you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Whaleo Services.
    • you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  6. Although it is Whaleo's intention for the Service to be available as much as possible, there will be occasions when the Whaleo Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Whaleo reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Whaleo, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Whaleo encourages you to maintain your own backup of your Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You agree that Whaleo and any Whaleo Services are not responsible and cannot be held liable for any damages that may come from content or information gathered from a security breach.
  7. You agree that Whaleo is not responsible for, and does not endorse, Content posted within the Service. Whaleo does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  8. You agree that Whaleo has the right to cancel the Whaleo Service at any time. This may mean cancellation to all and any services and content provided through the Whaleo Service may not be retrievable by any user.
  9. You agree that Whaleo has the right to post and map content submitted by you. This may mean giving routing directions to where your media was recorded or taken. You understand that other users may see this information. You agree that Whaleo is not responsible for any problems or damages that come from mapping or routing to where user content was uploaded.

Disclaimer of Warranties

Your use of any information or materials from any Whaleo Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered by any Whaleo Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Despite the previous statement, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 10 Canadian Dollars.

We do not endorse or support any member of the Whaleo Services.

WHALEO AND ANY OFITS SERVICES 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. THE Whaleo 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.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE Whaleo PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Whaleo CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Whaleo PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Whaleo PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, NATURAL DIASTER OR PHENOMENON, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE WHALEO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE WHALEO PARTIES INCUUR ANY COST OR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WHALEO'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Whaleo PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WHALEO PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 DEBTOR."

WHALEO 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.

ARBITRATION NOTICE: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Whaleo's request), indemnify and hold the Whaleo Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Whaleo in the defense of any claim. Whaleo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Whaleo.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

  1. To report claims of intellectual property infringement email: support@whaleo.com
  2. Repeated copyright infringements may lead to your account being disabled.
If you do not fully understand the above policy please contact us before using other areas of the site at support@Whaleo.com.