These terms were last updated 13 February 2018
The purpose and intent of this Portal is to provide you with an abillity to create content, offers and Product-listings for your app. In your app users collect credits which can be used to purchase real products, discounts, special offers etc from you or third parties.
Access to the Portal
You must have a browser with Internet access to access and use the platform (“Portal”) and use all functions of the Portal. To use the Portal you need an account.
To use the Portal you need to sign up for an account. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or another individual to access your account. You are not permitted to transfer your account or account assets to another person or entity unless specifically permitted in writing by Weesteer. Weesteer reserves the right to disable or block accounts without notice.
The Portal and the services
The information and materials contained in the Portal and the terms, conditions, and descriptions that appear, are subject to change. Weesteer reserves the right to add, modify, or delete its services, products and any information in the Portal at any time. Weesteer makes no representation or warranty as to the completeness or accuracy of the services and information contained in the Portal, nor does it represent or warrant that the services offered or advertised in or to the Portal will be available at all times. The information contained in the Portal may be incomplete, may contain errors, or become out of date at any time. Weesteer makes no commitment and expressly disclaims any duty to update any of the content on the Portal. The Portal and the Services are provided on an “as is” basis without any express warranties.
Upon creation of the account and subject to compliance by you with the terms contained herein, Weesteer shall provide you with access to the Portal and its services.
Delivery of the Portal and Services
Weesteer shall endeavor to deliver properly ordered Portal and services to you within a reasonable amount of time. However, on occasion, technical problems may delay or prevent delivery of the ordered Portal and/or services.
Restrictions on Use
Prohibited Use and Conduct
Your continued access to the Portal and use the services is subject to proper conduct. Without limiting Weesteer's rights to control the Portal and its environment, and the conduct of the users within that environment, Weesteer prohibits the following practices that Weesteer has determined detract from the overall user experience of the users of the Portal: You may not take any action that imposes an unreasonable or disproportionately large load on the Portal or the system. You may not use your own or third-party software to modify any content appearing within the Portal and its environment or change how the Portal is used. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire access to data, which you normally would not have. You may not use the Portal, or any information accessible through the Portal, to bypass the Portal login architecture or create or provide any other means through which the Portal may be accessed and/or the Portal may be used by others, as, for example, through server emulators. You are strictly prohibited from selling, transferring or assigning your account and/or content, rights, assets therein. Unauthorized use of the Portal including but not limited to unauthorized entry into the system or misuse of any information posted in the Portal or chat functions etc. is strictly prohibited.
You must comply with all guidelines and requirements as may be notified to you by Weesteer from time to time. You are strictly prohibited from posting or using language or material that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) depicts intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful use of religious symbolism; or vii) reflects adversely on the name, reputation or goodwill of Weesteer.
Links to Other Websites etc.
The Portal may contain links to other websites, widgets, apps, or other third parties services. Weesteer does not review or evaluate all of the websites, widgets, apps, or third party services linked to the Portal and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, widgets, apps, and/or third party services, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites, apps and/or third party services. You should carefully review the respective conditions of use for each of these websites, widgets, apps and third party services. Under no circumstances shall Weesteer be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites, widgets, apps and/or third party services.
Your use of the Portal and/or any services provided by Weesteer constitutes your agreement to defend, indemnify, and hold harmless Weesteer, its parents and affiliates, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Portal, the services or the use or misuse of the Portal or service by a third party using your account.
Disclaimers and Limitations on Liability
WEESTEER TAKES NO RESPONSIBILITY FOR THE ACCURACY OF THE FUNCTIONALITY OF THE PORTAL. THE PORTAL AND ANY SERVICES ARE PROVIDED BY WEESTEER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEESTEER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WEESTEER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF PORTAL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE PORTAL, INCLUDING ANY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE PORTAL; OR (IV) THAT THE PORTAL, OR SERVICES PURCHASED THROUGH THE PORTAL, WEESTEER’ SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF WEESTEER, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE OPERATION OF THE PORTAL MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF WEESTEER, AND UNDER NO CIRCUMSTANCES SHALL WEESTEER, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “WEESTEER” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 20 AND THE FOLLOWING SECTION 21) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PORTAL, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PORTAL OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEESTEER'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE PORTAL. WEESTEER TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, FUNCTIONALITY OF SMS/TEXTING SERVISES ETC.
UNDER NO CIRCUMSTANCES SHALL WEESTEER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PORTAL OR THE PURCHASE OF ANY PRODUCT OR SERVICES THEREFROM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Special Disclaimer and Limitation of Liability for the Portal, Products and Services
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT WEESTEER SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE PORTAL AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE PORTAL (SUCH PRODUCTS AND SERVICES ARE REFERRED TO AS, FOR PURPOSES OF THIS SECTION 21, “PRODUCT” OR “SERVICES”).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USES OF THE PORTAL AND ANY PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL, ANY PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WEESTEER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PORTAL, ANY PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WEESTEER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PORTAL AND ANY PRODUCTS AND SERVICE, THAT THE FUNCTIONS CONTAINED IN THE PORTAL AND ANY PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PORTAL AND ANY PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL AND ANY PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEESTEER OR A WEESTEER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PORTAL AND ANY PRODUCTS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU IN PART OR WHOLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEESTEER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE PORTAL AND ANY PRODUCTS OR SERVICES OR DEFECT IN OR CAUSED BY THE PORTAL AND ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR SMART PHONE, COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WEESTEER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE PORTAL AND ANY PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE, WHICHEVER IS LOWER, OR REPLACEMENT OF PORTAL AND ANY PRODUCTS AND SERVICES WITH A PRODUCT OR SERVICE OF COMPARABLE RETAIL VALUE, AS WEESTEER MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Weesteer takes no responsibility for such effects and end results and the user uses the portal and using the services on his/her own risk.
End-User License Agreement
You acknowledge and agree to abide by the terms and conditions of any end-user license agreement that might accompanies the Portal, any product or service you purchase through the Portal.
Trademarks and Service Marks
The names, logos, characters, brands and product and services names appearing in the Portal are trademarks/service marks or registered trademarks/service marks of Weesteer or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
You acknowledge and agree that all content, design elements, and materials available in the Portal and related products and services (collectively “Materials”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Weesteer and its licensors retain all right, title and interest in and to the Materials. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Materials in any form or for any means without Weesteer’s prior written permission. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way exploit such Materials. You agree not to disassemble, decompile or reverse engineer any software or other component of the Materials or the Portal. By using the Portal, the Users may create certain content such as uploaded images, videos, sounds, characters, communications, texts and names (“User Content”). Any such User Content created by the User is part of the Portal and is created by normal use of the Portal. Any right and title to such User Content shall remain vested with the original creator of the content, and the Users have non-exclusive, non-transferable, limited, fully revocable license to use the User Content as part of the Portal only, in accordance with these Terms. You agree that you do not own the Account you use to access the Portal, nor do you own any data stored on Weesteer’s servers (including without limitation any User Content). Your intellectual property rights do not confer any rights of access to the Portal or any rights to data stored by or on behalf of Weesteer. The entire Content is regarded as collective work and Weesteer owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the User Content.
When you use the Portal or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Portal. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Law and Jurisdiction