Terms of Service

Last Updated: October 26, 2023

Welcome to whimsical.top. These Terms of Service ("Terms") govern your access to and use of the whimsical.top website, services, and any related applications (collectively, the "Service"). The Service is provided by the whimsical.top team ("we," "us," or "our").

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 do not agree to all of these Terms, you are not authorized to use the Service.

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 whimsical.top. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding agreement.

2.2 Account Registration

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 responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.

2.4 Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate whimsical.top, a whimsical.top employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm whimsical.top or users of the Service, or expose them to liability.
• 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 introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

3. User Responsibilities

3.1 User Content

The Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("User Content"). You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit.

3.2 Content Standards

User Content must not:

• Be illegal, fraudulent, deceptive, or misleading.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Involve commercial activities or sales without our prior written consent.

We have the right, but not the obligation, to monitor and edit all User Content. We may remove or refuse to post any User Content for any or no reason in our sole discretion.

3.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to you.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of whimsical.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 whimsical.top.

4.2 Your Property

We claim no intellectual property rights over the User Content you provide to the Service. Your profile and materials uploaded remain yours. However, by posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content for the purpose of operating, promoting, and improving the Service.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHIMSICAL