Anyone over the age of 13 may create a user account to become a member. You must be at least thirteen (13) years of age to use the Site. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age (ii) that you have not previously been suspended or removed from the Site and (iii) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person's identity or that violates our community and content guidelines.
We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a Site member you are consenting to the receipt of these communications.
You are responsible for all content that you post on, transmit through or download from the Site. You may not post content that:
We may remove any content that violates these Terms or that we determine is otherwise not appropriate for the Site in our sole discretion.
By posting or transmitting content on or through the Site, you
All of our content available through the Site is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by Whalerock as part of the services we provide.
You may not use the Site to do any of the following:
You may not do any of the following to the Site:
All of the content available through the Site is subject to the copyrights and trademarks of Whalerock, our partners, or users.
Except as described in the previous paragraph, you may not store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of the Site content, in whole or in part.
Whalerock respects the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Whalerock designated agent listed below.
Elizabeth Diaz II BermanBraun Interactive, LLC d/b/a Whalerock Industries 2900 West Olympic Boulevard, Third Floor Santa Monica, California 90404 Phone: (310) 255-7110 Fax: (310) 255-7058 Email:
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Site more than twice.
We maintain the right to do any of the following any time, with or without prior notice:
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer or other devices; Whalerock does not warrant the successful operation of the Site on your computer or other device, and we are not liable for any such problems that result from your use of the Site. Moreover, the Site may contain advice, opinions, instructions, statements, and other information from Whalerock, its users, and other content and information providers. This content in intended to be used for informational and entertainment purposes only. Your use of the Site and content is at your own risk.
You understand that by using the Site, you may be exposed to content that you find offensive or objectionable.
We disclaim any responsibility for inaccuracies on the Site. We are not responsible for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.
These Terms shall be construed in accordance with the laws of the State of California without regard to conflict of law principles, and the parties irrevocably consent to the personal and exclusive subject matter jurisdiction of the state and federal courts located in Los Angeles, California, USA. Notwithstanding the above, you agree that Whalerock shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHALEROCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WHALEROCK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHALEROCK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
By utilizing the Site you agree to indemnify, defend and hold Whalerock and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Whalerock through your use of the Site or your posting or transmission of content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the Site or the services we provide. Whalerock reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
To the maximum extent permitted by law, you agree that neither Whalerock nor its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, nor each of their respective successors and assigns, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort, (including negligence) or strict or product liability, whether or not Whalerock have been informed of the possibility of such damage. Without limiting the foregoing, in no event will the aggregate liability to you of Whalerock, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers and each of its respective successors and assigns exceed, in total, the amounts paid by you to us or, if there have been no payments, then US$100.00.
Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
The failure of Whalerock to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or Whalerock’s right to act with respect to subsequent or similar breaches.
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