Whooligan.com Terms of Use

The following terms represent an agreement that regulates the use of the site, operated by Whooligan, Inc, between and company and the individual. Please read carefully, as your use of this site is contingent on agreeing to be bound by the terms of use. If, for whatever reason, you do not agree to be bound by these terms of use, please do not use the site or any of its services.

* Please note that Whooligan, Inc reserves the right, at its sole discretion to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. If you would like answers to questions about privacy on the site, please review our Privacy Policy (link found on the front-page of the site), which governs the use of personal and identifying information on the site. The site is directed only at persons 13 years of age or older. The site is intended for personal, not commercial use.

All visitors to the site are subject to the following rules:
  • Refrain from violating applicable federal, state and international laws;
  • Refrain from using the services provided on the site to post unsolicited spam or advertisements to individual entities
  • Refrain from posting any chain letter or pyramid scheme or post any material that contains a virus, trojan horse, worm, or other computer programming that is intended to damage, interfere with, or intercept or damage any data or information.
  • Refrain from using the services provided on the site to harass, threaten, stalk or abuse users of the site;
  • Refrain from using the services provided on the site to harm minors;
  • Refrain from posting content on the site that is obscene, vulgar, harmful or offensive in nature or posting any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of Whooligan or any third party;
  • Refrain from interfering with others' use of the site;
  • Refrain from using the services provided on the site to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the site;
  • Refrain from using the services to create a false identity, including creating fake profiles and multimedia content, or to impersonate another person by using their likeness or attributes in said profile or content.
  • Refrain from posting any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
  • Refrain from posting any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
  • Refrain from posting any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;

These rules are not inclusive of all impermissible conduct on the site. We reserve the right, at our discretion, to suspend or terminate your right to use the site, if you violate any of the above rules or engage in other conduct which we deem to be offensive in nature.

Whooligan has the right to remove any posted content that it deems to be objectionable or offensive. By agreeing to these terms you consent to this removal and waive any claim against Whooligan for such removal. Whooligan is also not responsible or liable for your failure to store or backup and posted content or other materials that are transmitted through this site. You should take all measure to preserve copies of any data, material, content or other information that you post on this site.

Copyrights, Trademarks and Other Intellectual Property

All content posted by a member is the property of the member that posted the content. All other material and content contained on this site, including but not limited to copyrights, trademarks, text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content on this site, are the property of Whooligan, and are protected by United States and international laws. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written consent of Whooligan and/or the applicable member. Users are not granted a license or any other rights from Whooligan, including the intellectual property rights or other proprietary rights of Whooligan or third parties.

If you believe that material you post on the site constitutes infringement of your copyright or other intellectual property rights, please send an e-mail to company@whooligan.com, and a Whooligan representative will look into your complaint and act accordingly.

Design Submissions

The ideas, suggestions, opinions, comments, and observations made by Whooligan users, and any text, data, photographs, video, music, sound, files or other design materials (known as "Submissions") provided to us by users are not endorsed by Whooligan, Inc. and we make no guarantee regarding the reliability, accuracy, or quality of any design submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions. All Submissions posted to the Website are the sole responsibility of the person who originally posted the Submission, and your sole recourse for any damage you may suffer as a result of Submissions shall be to such individual.

You shall be solely responsible for your own Submission and the consequences of posting or publishing them. By submitting the Submissions to Whooligan.com, you hereby grant Whooligan, Inc a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Website and Whooligan Inc's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.

Whooligan, Inc. expressly disclaims any and all liability in connection with Submissions. Whooligan reserves the right to reject Content and Submissions at its sole discretion and without prior notice.

When submitting designs to Whooligan, Inc for use on future products marketed and sold by Whooligan, Inc. you agree to the following terms and conditions:

If your Design is selected for use by the users of Whooligan.com, you acknowledge that you assign to Whooligan, Inc. and its subsidiaries and affiliates (hereinafter collectively "Whooligan, Inc") the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.

If your Design is selected, Whooligan, Inc may use your Design in any manner on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the Whooligan.com website and on promotional material for Whooligan.com, and registering the Design with the US Copyright Office in the name of Whooligan Inc as the Claimant, and you as the Author. You agree to provide Whooligan, Inc. with minimal information as may be required in order to register the copyright in the Design if Whooligan, Inc. so requests, at no cost.

You acknowledge that the Design you are assigning to Whooligan, Inc. is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Whooligan, Inc. in its sole discretion, deems to be profane or offensive.

You acknowledge that Whooligan, Inc. reserves the right to decline to select a Design for consideration for any reason, which are subject to change at any time. If your Design is selected by the members of the Whooligan.com community for use in future products, via vote or other means, you will receive 1 free t-shirt with the submitted design printed on it, including the cost of the t-shirt and any base rate lowest cost domestic or international shipping fees that may be incurred. Whooligan, Inc. will make a good faith attempt at contacting you via e-mail to confirm shipping details and sizing within 90 days of the design winning the vote (or other means of selection by the community or Whooligan Inc staff). If Whooligan, Inc. does not receive a response within 10 days of the e-mail, you will forfeit your right to the free t-shirt. Whooligan, Inc. reserves the right to change these terms at any time, by posting them on the Whooligan.com website, and changes will be effective upon posting. The compensation (whether material or monetary) will be based on the terms in effect when your Design is selected. You will be responsible for any taxes, or import duties that could be imposed from shipment from the U.S. and/or European Union. If the winning design that you submit is not deemed suitable for print as determined by Whooligan Inc's third party product manufacturer(s), Whooligan, Inc. will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable format so that the design can be printed.

Participants, who in the opinion of Whooligan, Inc., do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Whooligan Inc"s sole discretion, can at any time be excluded from consideration without notice.

The decisions of Whooligan, Inc. are final and binding.

Disclaimer and Release on Posted Content

As part of your use of the site, you may upload, post, distribute or disseminate content and material, including but not limited to, photographs, videos, captions and comments. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings.

You hereby grant Whooligan a right (including any moral rights) and license to use the posted content on the site and to promote and advertise the site in any way. If, at some point, we would like to use any content or material that you have posted, or any variation of the content or material posted, for express commercial purposes either within the bounds of the site or outside of the bounds of the site on a third party outsourced store (including but not limited to merchandise, apparel, videos, posters, etc), we are not obligated to notify you of such. We also reserve the right to contact any members of the site about future opportunities with Whooligan, acting as paid or otherwise compensated representatives of the company in commercial enterprises, joint ventures, or outside business interests.

Whooligan does not represent or guarantee the truthfulness, accuracy or reliability of any posted content or endorse any opinions expressed by a user. You acknowledge that any reliance on posted content by other users will be at your own risk. Whooligan does not confirm that each user is who he or she claims to be. Whooligan exercises a great effort to protect posted content from being misused. However, if misuse has occurred Whooligan is no way liable for such misuse. In the event that you have a dispute with one or more users, you release Whooligan from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Whooligan has no obligation to screen or monitor posted content. If Whooligan becomes aware of any posted content that allegedly may not conform to these terms of use, Whooligan may investigate the allegation and determine whether to take action in accordance with these terms of use. You may find some posted content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled; Whooligan expects that you will use caution and common sense when using the site.

Passwords and Security

You are responsible for any use of or action taken under your user name and password on the site. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party, unless you have authorized them to have access to your account. You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Whooligan from any and all liability concerning such transactions or activity.

You agree to notify Whooligan immediately of any actual or suspected loss, theft or unauthorized use of your account or password, via "company@whooligan.com". Whooligan has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above.

Third Party Sites

Users may gain access to third party internet sites through use of the Whooligan site via hypertext or other computer links. Any third party sites are not within the supervision or control of Whooligan and we do not make any representations or warranties whatsoever about any third party site that is linked to this site. A link to a third party site from this site does not constitute an endorsement of the products or services offered on the third party site.

Applicable Law and Liability

Use of this site is at your own risk. This site and its inherent content are provided to you on an "as is" basis. Whooligan makes no warranties that use of the site will be error-free, or use of any third party site accessed via the site will be available or error free. Users of the site are bound by the laws or regulations that govern their place of use of the site. Whooligan Inc, a Delaware company, is held under the laws of the state of Delaware, and the United States of America. Whooligan makes no claim that the site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

By agreeing to these terms you acknowledge and agree to the following:
  • Whooligan is not liable for any loss or damages that result from use of the site and its services
  • Whooligan is not liable for any direct, indirect, special, consequential, punitive or incidental damages
  • Whooligan is not liable for any damages for loss of use, profits, data or other intangibles
  • Whooligan is not liable for any damages for unauthorized use, non-performance of the site, errors or omissions
  • Whooligan is not liable for any damages resulting from viruses, worms, trojan horses or other destructive programs, even if Whooligan has been advised of the possibility of such damages
  • Whooligan's liability should be limited to ONE HUNDRED UNITED STATES DOLLARS (USD $100) in any jurisdiction that does not allow the exclusion or limitation of certain liabilities or warranties.

You expressly understand and agree that your use of this site and any of its services is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Please report any violations of the Terms of Use by contacting us at company@whooligan.com All rights including trademarks, copyright and database rights in this site are owned by or licensed to Whooligan, Inc.

© 2008, Whooligan, Inc. All Rights Reserved.