1.            READ THIS:

The following terms and conditions (the “terms & conditions“) govern your use of this website, and any content made available from or through this website, including any subdomains thereof (the “Website”).  The Website is made available by Whataretheywearing, Inc. (“WATW”, “we” or “us”).

BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER WHATARETHEYWEARING, INC., SERVICES, WEBSITES OR ANY OF WHATARETHEYWEARING, INC. LICENSEES SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.  WHATARETHEYWEARING, INC. RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN WHATARETHEYWEARING, INC.’S SOLE DISCRETION.  CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE WEBSITE.

2.            PROPRIETARY RIGHTS

The material and content accessible from the Website, and any other World Wide Web site owned, operated, licensed, or controlled by WATW is the proprietary information of WATW or the party that provided the content to WATW.  WATW or the party that provided the content to WATW retains all rights, title and interest in and to the Website the content and materials on the Website (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, files, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.

3.            LIMITED LICENSE (PERSONAL AND NON-COMMERCIAL USE LIMITATION)

You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these terms & conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only.  WATW’s website(s) are for your personal and non-commercial use, unless otherwise specified.  You may not use this site for any other purpose, including any commercial purpose, without WATW’s express prior written consent.  You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to WATW’s website(s). You acknowledge that your use of the Website is strictly for informational purposely only and you are not purchasing any item appearing on or identified by the Website from WATW.  You further acknowledge that you shall not distribute and/or disseminate the content on the Website in any manner that would violate or infringe on WATW or another person’s intellectual property rights or interests.

4.            PROHIBITED USE

You may use this site for purposes only expressly permitted by this website.  As a condition of your use of WATW’s website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of WATW, the otherwise applicable rights holder.  Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website.  You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or re-purpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.  You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website.  If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  You also may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WATW and its affiliates without the express written consent.  You may not use metatags or any other “hidden text” utilizing WATW’s name or trademarks without its express written consent.  Any unauthorized use terminates the permission or license granted in this terms & conditions.

5.            TRADEMARKS AND COPYRIGHTS

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks, Trade dress, and Copyrights of WATW and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks and Copyrights not owned by WATW that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners.  Nothing contained on the Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark or Copyright displayed on the Website without the express written permission of WATW or the third party that may own the applicable Trademark and/or Copyright.  Your misuse of the Trademarks or Copyrights displayed on the Website or on or through any of the Website’s services is strictly prohibited.

All contents of this website are: Copyright © 2010 Whataretheywearing, Inc.  All rights reserved.

6.            USER INFORMATION

In the course of your use of the Website and/or the services made available on or through the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”).  WATW’s information, collection and use policies with respect to the privacy of such User Information are set forth in the Website’s privacy & security policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

7.             SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Website’s privacy & security policy.  By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

You hereby grant to WATW the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to WATW through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  WATW will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations.

WATW will treat any personal information that you submit through this site in accordance with its privacy & security policy.

8.            PROHIBITED USER CONDUCT

You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from WATW or otherwise through the Website), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of WATW or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.  You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof.  You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

9.            PUBLIC FORUMS

WATW may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, news groups, communities, personal web pages, and/or other forums and other such services available on or through the Website to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.  In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which:

(i) restricts or inhibits any other user from using and enjoying the Website or the Website’s services;

(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;

(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right (such as posting files containing software or other material);

(v) contain a virus, spyware, or other harmful component;

(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind;

(vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact;

(viii) offers to buy or sell any product or service on or through your comments submitted to our forums.

(ix) is vulgar, obscene, pornographic, or indecent;

(x) does not pertain directly to this site;

(xi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(xii) harvest or otherwise collects information about others, including e-mail addresses, without their consent;

(xiii) violates any law or may be considered to violate any law;

(xiv) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(xv) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or other material contained in a file that is uploaded;

(xvi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

(xvii) solicits funds, advertisers or sponsors;

(xvii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(xviii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

(xix) includes MP3 format files;

(xx) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

(xxi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

(xxii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

10.            RIGHT TO MONITOR AND EDITORIAL CONTROL

WATW reserves the right to monitor use of this site to determine compliance with these terms & conditions, as well as the right to remove or refuse any information for any reason.  WATW reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.  WATW also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.  Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither WATW nor any third party that provides Content to WATW will assume or have any liability for any action or inaction by us or such third party with respect to any submission.  We caution you against giving out any personal identifying information about yourself or your children in any Communication Service.  WATW does not control or endorse the content, messages or information found in any Communication Service and, consequently, we specifically disclaim any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized WATW spokespersons, and their views do not necessarily reflect those of WATW.

11.              PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.  It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

12.             HYPER-LINKS

This website may be hyper-linked to other sites which are not maintained by, or related to, WATW.  Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this website or WATW.  WATW has not reviewed any or all of such sites and is not responsible for the content of those sites.  WATW is not responsible for webcasting or any other form of transmission received from any hyper-linked site.  Hyper-links are to be accessed at the user’s own risk, and WATW makes no representation or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  WATW provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by WATW of that site or any association with its operators.

13.              LINKING TO THE WEBSITE

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray WATW, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any WATW logo or other proprietary graphic or trademark as part of the link without expression written permission.

14.              INDEMNIFICATION

You agree to defend, indemnify and hold WATW and its affiliates, directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these terms & conditions.  WATW reserves the right, at its 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 WATW’s defense of such claim.

15.             THIRD PARTY WEBSITES

You are able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”).  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.  Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.  The inclusion of any link to such sites on our site does not imply WATW’s endorsement, sponsorship, or recommendation of that site.  WATW disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website.  WATW cannot guarantee the standards of any website to which links are provided on this Website nor shall WATW be held responsible for the contents of such sites, or any subsequent links.  WATW does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.  Also, WATW is not responsible for or any form of transmission received from any linked website.  Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.  Purchases made from any third party website are subject to that website’s policies and WATW holds no responsibility or liability.

16.             COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below.  Please note that this procedure is exclusively for notifying WATW and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
• A statement by you made under penalty and perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

17.            DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WATW ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE.  WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.  WATW NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AN WATW AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE).  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.  WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WATW AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH WATW OR ITS AGENTS.

18.            NO CELEBRITY ENDORSEMENTS

WATW MAKES NO WARRANTIES AS TO THE ACCURACY OF THE CONTENT DISPLAYED ON THE WEBSITE.  YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT THE CELEBRITIES DEPICTED ARE NOT ENDORSING ANY PRODUCT OR SERVICE SHOWN, REPRESENTED, OR APPEARING ON THE WEBSITE AND THAT WATW IS MAKING NO CLAM, AND DISCLAIMS ANY WARRANTY, THAT ANY PERSON APPEARING ON THE WEBSITE, INCLUDING ANY CELEBRITY, HAS AN OPINION ABOUT AND/OR ENDORSES ANY PRODUCT OR SERVICE APPEARING ON THE WEBSITE WHETHER THE PERSON AND/OR CELEBRITY APPEARS ON THE WEBSITE WEARING, HOLDING, OR IS OTHERWISE REFERENCED TO OR WITH, ANY PRODUCT OR SERVICE.  FOR CLARITY, YOU AGREE AND UNDERSTAND THAT WITH RESPECT TO THE PERSONS AND CELEBRITIES APPEARING ON THE WEBSITE, YOU AGREE AND UNDERSTAND THAT NO PERSON OR CELEBRITY IS MAKING ANY ENDORSEMENT RELATIVE TO ANY PRODUCT OR SERVICE AND THEIR APPEARANCE, NAME, AND/OR LIKENESS IN A PHOTOGRAPH, VIDEO, TEXT, OR OTHERWISE ON THE WEBSITE ACCOMPANYING OR RELATED TO A PRODUCT OR SERVICE IN NO WAY IMPLIES THAT THE PERSON, CELEBRITY, OR WATW ENDORSES SUCH PRODUCT OR SERVICE.

19.           ACCURACY OF PRODUCTS OR SERVICES

WATW EXPRESSLY DISCLAIMS ANY WARRANTY, AND YOU AGREE, ACKNOWLEDGE, AND UNDERSTAND THAT WATW MAKES NO WARRANTY, AS TO ANY PRODUCT AND/OR SERVICE APPEARING ON, OR REFERENCED IN OR BY, THE WEBSITE IN ANY FASHION.  THE PHOTOGRAPHS, VIDEOS, HYPERLINKS, COMMENTARY, TEXT, AND OTHER CONTENT ON THE WEBSITE IS SOLELY PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOU AGREE, ACKNOWLEDGE AND UNDERSTAND THAT WATW HAS MADE NO EFFORT TO VERIFY THE ACCURACY OF ANY OF THE CONTENT OR OTHERWISE ON THE WEBSITE.  YOU MAY USE THE WEBSITE FOR YOUR OWN INFORMATIONAL PURPOSES ONLY; HOWEVER, YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR ULTIMATE PURCHASE OF ANY PRODUCT OR SERVICE WHETHER APPEARING, LISTED, OR REFERENCE IN, ON, OR BY THE WEBSITE WAS MADE BASED UPON YOUR OWN PERSONAL DECISIONS AND JUDGMENT NOT IN RELIANCE ON ANY FACT, PHOTO, VIDEO, CONTENT, OR OTHERWISE THAT YOU MAY HAVE VIEWED, READ, OR HEARD AS A RESULT OF YOUR USE OF THE WEBSITE.

20.           LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WATW, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WATW FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.

21.             PHOTOSENSITIVE SEIZURES

A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content.  Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content.  These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs.  If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.

22.            TERMINATION OR RESTRICTION OF ACCESS

WATW may terminate, change, suspend or discontinue any aspect of the Website or the Website’s related services at any time. WATW may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms & conditions or applicable law, or for any other reason without notice or liability WATW maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.

23.           CHANGES TO TERMS & CONDITIONS

WATW reserves the right, at its sole discretion, to change, modify, add or remove any portion of the terms & conditions, in whole or in part, at any time.  Changes in the terms & conditions will be effective when posted.  Your continued use of the Website and/or the services made available on or through the Website after any changes to the terms & conditions are posted will be considered acceptance of those changes.

24.           MISCELLANEOUS

The terms & conditions, and the relationship between you and us, shall be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions.  Any dispute relating in any way to your visit to our website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate WATW’s intellectual property rights, or the intellectual property rights of others, WATW may seek injunctive or other appropriate relief in any state or federal court in California, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this Agreement shall be conducted under the rules then prevailing of the Judicial Arbitration and Mediation Services, Inc. (commonly known as “JAMS’).  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Our failure to exercise or enforce any right or provision of the terms & conditions shall not constitute a waiver of such right or provision.  If any party of these terms & conditions is unlawful, void or unenforceable, that part will be deemed several and will not affect the validity and enforceability of the remaining provisions.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and WATW as a result of this agreement or use of the Website.  These terms & conditions constitute the entire agreement among the parties relating to this subject matter and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WATW with respect to WATW’s Website(s).  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

WATW may revise these terms & conditions at any time by updating this posting.

Terms & conditions last updated on March 22, 2010.