WODTASTIC Terms of Service
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your name, email and so on ("Your Stuff"). Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. These and other features may require our systems to access, and store Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Sharing Your Stuff
Our Services let you share Your Stuff with others, so please think carefully about what you share.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as WODTASTIC’s other services, so please keep that in mind.
Billing. We will automatically bill you 30 DAYS from the date you sign up for a Paid Account and on each periodic installment or renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. The Service is billed in advance on a monthly/yearly basis. You may cancel your monthly/yearly WODTASTIC Paid Account at any time but you won't be issued a refund and there will be no refunds given for partially used months.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it. If you cancel during the free trial, you will not be charged.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We'll of course provide you with notice via the email address associated with your account before we do so. Your account will be terminated if WODTASTIC believes that you are under thirteen years of age or you are in breach of any representation, warranty or covenant contained herein. If your membership in the Service is terminated because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.
You understand and agree that WODTASTIC, may review and delete any personal information or profiles (collectively, "Content") that in the sole judgment of WODTASTIC, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. WODTASTIC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- Phishing, spamming, soliciting passwords or other personal information for unlawful purposes from users, or providing or creating computer viruses.
- Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, making or buying illegal weapons, or violating someone's privacy.
Limitation of Liability
Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES SHALL WODTASTIC BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIALS OR INFORMATION ON THE WEB SITE (OR SITES LINKED TO THE WEB SITE), EVEN IF WODTASTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WODTASTIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WODTASTIC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Pennsylvania.
Indemnity. You agree to indemnify and hold WODTASTIC, its subsidiaries, affiliates, and their respective officers, agents, representatives and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between WODTASTIC and any User of the Service.
Errors and Omissions. Information on the Web site may contain technical information. Information may be changed or updated without notice. WODTASTIC may also make improvements and/or changes to the items described in this information at any time without notice.
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and WODTASTIC regarding the use of the Web site and/or the Service. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of this Web site and therefore should cease using this Web site immediately The failure of WODTASTIC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Waiver, Severability & Assignment
WODTASTIC's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WODTASTIC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.