Effective Date: 26-08-2020
1 Your Data
We collect two basic types of information from You from Your use of the Website: Personal Data and Non-Personal Data.
2 Personal Data
"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
As a general matter, You can browse the Website without submitting Your Personal Data to Us. However, there are a number of circumstances in which You may supply Us with Your Personal Data.
2.1 Data We Collect
We collect the following Personal Data from You:
2.2 How We Collect Data
The following are the most common ways in which You give Your Personal Data:
3 Personal Data On Or From Social Media
When You interact with the Website or Your Account through a social media platform, such as Facebook, Twitter, Tumblr, LinkedIn, YouTube, or Pinterest, We may collect the Personal Data that You make available to Us on that page including Your account ID or handle. We will comply with the privacy policies of the corresponding social media platform and We will only collect and store such Personal Data that We are permitted to collect by these social media platforms.
Please do NOT supply any other person's Personal Data to Us, unless We prompt You to do so.
4 Use of Personal Data
We do NOT sell or license Your Personal Data to any third party.
In addition to the specific purposes for which We may process Your Personal Data set out in this clause, We may also process any of Your Personal Data where such processing is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.
Specifically, We use Your Personal Data for the following:
5 Data Security
We follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in Our possession. This includes, for example, firewalls, password protection and other access and authentication controls.
We use HTTPS
HTTPS (Hypertext Transfer Protocol Secure) is an internet communication protocol that protects the integrity and confidentiality of data between your computer and www.whatifup.com. The use of HTTPS makes sure your communication with us is:
Encrypted — The data you exchange with us is secure from eavesdroppers. That means that when you are browsing www.whatifup.com, nobody can track your activities across multiple pages, or steal the data exchange between your computer and www.whatifup.com.
Integral — The use of HTTPS preserves the integrity of data. Your data cannot be modified or corrupted during transfer.
Authenticated — HTTPS protocol authenticates your communication with us. This ensures that you are always communicating with our servers.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Website, and You do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your Personal Data has been compromised, please contact Us at [email protected]
If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Website if a security breach occurs.
6 Non-Personal Data
Non-Personal Data includes information that does not personally identify You, but may include tracking and usage information about Your location, demographics, use of the Website and the internet.
When You interact with the Website, We may collect Non-Personal Data and Our servers may automatically keep an activity log of Your use of the Website.
6.1 Generally, We collect and store the following Non-Personal Data:
7 Use of Non-Personal Data
We may disclose or share Non-Personal Data (or other information, other than Personal Data) in any other manner that We deem appropriate or necessary.
Among other things, We will disclose Non-Personal Data to third parties to help Us determine how users use parts of the Website and who Our users are so We can improve the Website.
We will also disclose Non-Personal Data to Our partners and other third parties about how Our users collectively use the Website.
8 Personal & Non-Personal Data From Other Sources
We may also collect and store information about You that We receive from other sources to, among other things, enable Us to update and correct the information contained in Our database and to better customize Your experience on the Website.
9 Account Data
We may process Your Account Data ("Account Data"). The Account Data may include Your name and email address. The source of the Account Data is You. The Account Data may be processed for the purposes of operating Our Website, providing Our Services, ensuring the security of Our Website and Services, maintaining back-ups of Our databases and communicating with You. The legal basis for this processing is consent.
10 User Content Data
We may process information that You post for publication on Our Website or through Our Services ("User Content Data"). The User Content Data may be processed for the purposes of enabling such publication and administering Our Website and Services. The legal basis for this processing is consent.
11 Enquiry Data
We may process information contained in any inquiry You submit to Us regarding Our Goods and/or Services ("Enquiry Data"). The Inquiry Data may be processed for the purposes of offering, marketing and selling relevant Goods and/or Services to You. The legal basis for this processing is consent.
12 Customer Relationship Data
We may process information relating to Our customer relationships, including customer contact information ("Customer Relationship Data"). The Customer Relationship Data may include Your name, Your contact details, and information contained in communications between You and Us. You are the source of the Customer Relationship Data. The Customer Relationship Data may be processed for the purposes of managing Our relationships with customers, communicating with customers, keeping records of those communications and promoting Our Goods and Services to customers. The legal basis for this processing is Our legitimate interests, namely the proper management of Our customer relationships.
13 Transactions And Payment Data
We may process information relating to transactions, including purchases of Goods and Services, that You enter into with Us and/or through Our Website (“Transaction Data”). The Transaction Data may include Your contact details, Your card details, the transaction details, and/or your authentication details. The Transaction Data may be processed for the purpose of supplying the purchased Goods and Services and keeping proper records of those transactions. The legal basis for this processing is our legitimate interests, namely the proper administration of Our Website and business and a contract between user and you or taking steps at user request to enter a contract.
14 Notifications Data
We may process information that You provide to Us for the purpose of subscribing to Our email notifications and/or newsletters ("Notification Data"). The Notification Data may be processed for the purposes of sending You the relevant notifications and/or newsletters. The legal basis for this processing is consent.
15 Correspondence Data
We may process information contained in or relating to any communication that You send to Us ("Correspondence Data"). The Correspondence Data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms. The Correspondence Data may be processed for the purposes of communicating with You and record-keeping. The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Website and business and communications with users.
16 Your Data Privacy Rights
If You are a citizen of the EU, We have summarized the rights that You have under the General Data Protection Regulation (GDPR) in this Section. Some of the rights are complex, and not all of the details have been included in Our summaries. Accordingly, You should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Right to Access. You have the right to confirmation as to whether or not We process Your Personal Data and, where We do, access to the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, We will supply to You a copy of Your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access Your Personal Data by visiting https://whatifup.com/requestdata when logged into Our Website.
Right to Rectification. You have the right to have any inaccurate Personal Data about You rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about You completed.
Right to Erasure. In some circumstances You have the right to the erasure of Your Personal Data without undue delay. Those circumstances include: the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; You withdraw consent to consent-based processing; You object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the Personal Data have been unlawfully processed.
However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
Right to Restrict Processing. In some circumstances You have the right to restrict the processing of Your Personal Data. Those circumstances are: You contest the accuracy of the Personal Data; processing is unlawful but You oppose erasure; We no longer need the Personal Data for the purposes of Our processing, but You require Personal Data for the establishment, exercise or defense of legal claims; and You have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, We may continue to store Your Personal Data. However, We will only otherwise process it: with Your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
Right to Object to Processing. You have the right to object to Our processing of Your Personal Data on grounds relating to Your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in Us; or the purposes of the legitimate interests pursued by Us or by a third party. If You make such an objection, We will cease to process the Personal Data unless We can demonstrate compelling legitimate grounds for the processing which override Your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to Our processing of Your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If You make such an objection, We will cease to process Your Personal Data for this purpose.
You have the right to object to Our processing of Your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to Your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Right to Data Portability. To the extent that the legal basis for Our processing of Your Personal Data is consent, or that the processing is necessary for the performance of a contract to which You are party or in order to take steps at Your request prior to entering into a contract, and such processing is carried out by automated means, You have the right to receive Your Personal Data from Us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
Right to Complain to a Supervisory Authority. If You consider that Our processing of Your Personal Data infringes data protection laws, You have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of Your habitual residence, Your place of work or the place of the alleged infringement.
Right to Withdraw Consent. To the extent that the legal basis for Our processing of Your Personal Data is consent, You have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of Your rights in relation to Your Personal Data through written notice to Us. See Our Contact Details at the end of this Policy.
17 Data Protection
If You are located in the European Economic Area, Your Personal Data will be processed by Vortex Street, Inc.. As part of providing the Website, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When Vortex Street, Inc. processes Personal Data in the course of providing the Website, Vortex Street, Inc. will:
18 International Transfer Of The Personal Data of EU Citizens
In this Section, We provide information about the circumstances in which Personal Data of citizens of the European Union may be transferred to countries outside the European Economic Area (EEA).
We have offices and facilities in United States.The European Commission has made an "adequacy decision" with respect to the data protection laws of United States. Transfers to United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. A copy of the use of standard protection clauses adopted or approved by the European Commission can be obtained through: ec.europa.eu
The hosting facilities for Our Website are situated in United States. The European Commission has made an "adequacy decision" with respect to the data protection laws of United States. Transfers to United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. A copy of the use of standard protection clauses adopted or approved by the European Commission can be obtained through: ec.europa.eu
You acknowledge that Personal Data that You submit for publication through Our Website or Services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Personal Data by others.
The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Website and business and communications with users.
19 Your Choices
In general, if You register on the Website, You may update the information You have provided to Us.
When You register on the Website, You may be able to indicate Your preferences regarding marketing communications. You may be able to change those preferences and select the categories of communications that interest You.
You will not be able to opt-out of receiving certain service-related or transactional communications relating to the Website unless You cancel Your registration or subscription.
20 Your Right to Access
We provide You with reasonable access to the Personal Data that You may provide through the Website.
21 Your Right to Withdraw Consent
At any time, You may legitimately object to the processing of Your Personal Data, except if otherwise provided by applicable law. You may decline to share certain Personal Data with Us, in which case We may not be able to provide to You some of the features and functionality of the Website.
22 Your Right to Update, Correct or Delete
You may update, correct, or delete Your Account Data and preferences at any time by accessing Your Account settings page on the Website. If You wish to access or amend any other Personal Data We hold about You, or to request that We delete any information about You that We have obtained from an Integrated Service, You may contact Us. Please note that while any changes You make will be reflected in active user databases instantly or within a reasonable period of time, We may retain all information You submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where We otherwise reasonably believe that We have a legitimate reason to do so.
We will however retain Your information needed for administrative and transactional communications.
23 California Privacy Rights
If You are a California resident, California Civil Code Section 1798.83 permits You to request and obtain from We, information regarding the disclosure of Your Personal Data to the third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year.
California residents, who are under 18 and are registered users of We, are allowed to request and have removed, any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Section 22581.
California Tracking Disclosure: We track the personally identifying information of Our users and visitors over time and across third party websites to provide targeted advertising. We respond to Do Not Track (DNT) signals. We act when:
Our users may be consumers residing in California.
Some other third-party websites may also keep track of Your browsing activities so that they can tailor the information or advertising they present to You. If You wish to opt out of this tracking, You can enable privacy settings in Your browser.
24 No Personal Data From Children
We do not knowingly collect Personal Data from children under 13 years of age in the USA or 16 years of age in the European Union. The Website is not directed to children under the age of 13 in the USA or 16 in the European Union. We will not knowingly allow children under 13 in the USA or 16 in the European Union to register for or become users of the Website.
If You are under 13 in the USA or 16 in the European Union years of age, You should not provide Personal Data to Us.
If We discover that a child under the age of 13 in the USA or 16 in the European Union has provided Us with Personal Data and We do not have parental consent, We will immediately delete that child’s information.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but Personal Data that We store about You may be linked to the information stored in and obtained from cookies.
25.1 Cookie We Use
These are temporary cookies that contain no expiration date and are deleted after the users browser is closed. You will be required to log in again at the next session, where you will be treated as a new user
Session cookies examples: Shopping cart, remembering previous actions, managing and passing security tokens, multimedia content player session cookies, load balancing session cookies and third party social content plug in sharing cookies
These are cookies which are saved in your browser until they are deleted by the you or are deleted by your browser after they reach their expiration date.
Persistent cookies examples: Authentication, language selection, theme selection, favorites, internal site bookmarks, menu preferences, address and payment information.
Functionality cookies allow us to remember choices that have been made by you in order to create an experience that’s made to fit. These cookies safely store authentication and identification information, for example your language selection or region.
Performance cookies allow us to collect information, such as the most used pages or error messages, in order to understand how you use our website and enable us to create a better user experience. All information collected by performance cookies in anonymous.
Advertisement Tracking Cookies
Advertising tracking cookies are third party cookies used by advertisers to enable them to tailor their advertising to you. Information is collected from your browser about the types of websites you visit in order to offer advertisements which will most likely interest you. The cookies are placed by our advertisers with our permission.
Affiliate Tracking Cookies
When you come to us via an affiliate link a cookie is stored on your browser and this cookie is used to track the affiliate referral. We require this cookie in order to pay commission to the referrer.
25.2 Purpose Of Using Cookies
25.3 Cookies Used by Our Service Providers
25.4 Managing Cookies
You can disable cookie tracking and learn more about the privacy policies of the third parties We use by visiting the following links:
Opt Out Page
26 Links To Or From Another Website
27 Public Areas
Please remember that any information You share in public areas, such as message boards or feedback sections, becomes public and anyone may take and use that information. Please be careful about what You disclose and do not post any Personal Data that You expect to keep private. Please consult the applicable guidelines, if any, for use of Our chat rooms and other community areas for more information.
28 Interest Based Advertising
To help ensure that You receive ads that are relevant to Your interests on the Website, Our advertisers’ services, and elsewhere on the Internet, We and third parties (including service providers, advertisers, and advertising companies) may collect information about Your online activities over time and across different sites, apps, and devices. We and third parties may use that information to help understand audience segments. Advertisers may use the segments to determine the audience groups to which they wish to deliver particular ads. Through this process, We do not use information that directly identifies You.
Opt Out. You can opt out of receiving interest-based advertising on Your computer or laptop from some companies, including Us and Our service providers.
If You wish to opt out of receiving interest-based advertising on Your mobile device, please see the advertising preferences information on support.apple.com for iOS devices or support.google.com for Android devices.
Opting out does not mean You will no longer receive advertising. It means that the company or companies from which You opted out will no longer deliver ads tailored to Your web preferences and usage patterns.
29 Changes And Updates
31 Our Details
If you have questions or concerns regarding this policy or if you need to make a request please contact us at:
P.O. Box 2288 80437 Evergreen CO United States
ANOTHER FORMAT (SAME CONTENT)
Welcome to www.whatifup.com (the "Website").
These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.
These Terms and Conditions outline the rules and regulations for the use of www.whatifup.com. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
These Terms and conditions are governed by the law of Colorado, USA
Click below to jump to any section
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
"Account" refers to the account that You have to create in the Website to log in, use, and access some parts of the Website.
"Company," "Us," "We," and "Our" refers to Vortex Street, Inc..
"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
"Goods" means all goods that We supply and make available to You as detailed in the Invoice.
"Invoice" is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total.
"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
"Services" refer to any work We perform for You.
"Supply" means to provide the Goods or Services as per the Invoice.
"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
"User Content" refers to the content which has been created by Our users.
While using our service the following terms must be adhered to:
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Vortex Street, Inc. name, Vortex Street, Inc. logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a "hot" link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
You may be able, as dictated by the functionality of the Website, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on the Website ("User Content").
You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for Your online distribution and publication of User Content.
Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason in Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights.
By submitting or otherwise making available any User Content to the Website, You automatically grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website (collectively, "Use"), in any type of media or in any form now known or later developed, without any payment to You. In addition, You automatically waive and give up any claim that any use of such content violates any of Your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant Us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication You provide, submit, or otherwise make available to the Website or to Us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting User Content, You automatically warrant and represent to Us that You are the owner of all intellectual property rights in and to the User Content or that You otherwise have all sufficient rights to grant the license above.
By submitting User Content, You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Website, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Website.
You shall remain solely responsible for Your User Content and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.
If You wish to remove Your User Content from the Website, please send Us an email to [email protected] We will remove Your User Content within 10 business days of receiving Your request. However, We may retain copies of Your User Content, not accessible to the public, on Our backup servers even after You request removal.
We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.
In consideration of Your use of the Website, You will:
You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.
You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.
The Website may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.
If You have subscribed to a paid subscription and upgraded to a higher subscription, You will be billed for the Subscription fees of the paid subscription at the start of its subscription period.
You may downgrade Your subscription at any time. If You choose to downgrade, You may lose access to some content and Services in the Website.
Subscription fees are subject to change at the end of each Subscription period. We will inform of such changes before the new Subscription fees take effect. Your continued use of the Subscription means that You agree to such changes.
Fees for monthly or annually Subscription and payment plans are billed in advance, on a monthly or annually basis.
The Subscription will remain active during the Subscription period. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription period. No exceptions will be made.
If You have subscribed, Your Subscription will continue in effect after Your initial subscription Period, unless and until You cancel Your Subscription or Account, or Subscription is otherwise suspended or discontinued. You must cancel Your Subscription before it renews in order to avoid any additional charges.
If You choose to purchase goods or avail of services or features outside of Your Subscription, You will pay for such goods or services or features based on Your actual usage in the preceding month. Monthly payments for such goods or services or features will be charged on a periodic basis in arrears.
If You are a consumer in the EU, You may withdraw Your Subscription or purchase within 14 days from the date that You made payment (“Cooling Off Period”), without giving any reason for doing so. Whenever applicable, You have the rights and protection provided by the laws of Your country and/or in the EU.
You must notify Us about using Your withdrawal right through Our contact details in this policy.
Your withdrawal is effective if You sent it within the Cooling Off Period, even if we receive it later.
We will send You a confirmation email within 14 days from Our receipt of Your application to withdraw.
We will gladly accept the return of the goods purchased if (a) it is returned within 14 days from the date of purchase (“Return Period”), (b) all tags are not tampered, and (c) it is in the same condition and box as it was sent to You.
In the event of effective withdrawal, You will be refunded with the fees and/or purchase price, less the processing fees and administration charge of $0 within 14 days after we have confirmed that the withdrawal is valid.
If You use the goods or services within the 14-day cancellation period, we will charge You for Your use until You send Us Your withdrawal application.
We have engaged the services of Stripe (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:
The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.
You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 60 days after they first appear on Your Account statement. If You do not do so within 60 days, You agree that You waive Your right to dispute such problems or discrepancies.
We may partner with and use other third party payment service providers to handle all payments. We will notify You of such change by e-mail not less than 30 days before it takes effect.
We will refund the payments within 30 days of purchase if You are not 100% satisfied with Our product or service.
All refunds will only be issued to the original form of payment.
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.
Information provided by you through www.whatifup.com is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.
We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
If Your wish to obtain written consent from Us, please contact us using our contact page
From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.
We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2020, Vortex Street, Inc. or its licensors. ALL RIGHTS RESERVED.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE VALUE OF YOUR SUBSCRIPTION OR PURCHASE MADE ON THE WEBSITE.
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement.
You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website or any other aspect of Our relationship (“Subject Legal Claim”).
To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.
In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at [email protected] If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account.
If We do not reach an agreed upon solution after Our discussions for at least 15 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in Colorado, USA in accordance with American Arbitration Association.
There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.
You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that You understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
We may terminate this Agreement:
We may also block Your access to Our Website in the event that:
You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.
In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.
Either Party may terminate the Agreement:
Upon 0 days' written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;
If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Upon the effective date of termination or expiration of this Agreement:
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.
If You are a registered Subscriber of the Website, You will be notified of material revisions to this Agreement via an e-mail message to the e-mail address that You provided at registration or that You have since updated.
If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.
Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website.
It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.
Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.
Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Colorado, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Evergreen, Colorado, USA.
Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).
A printed version of this Agreement will be admissible in judicial and 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.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at [email protected] You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Vortex Street, Inc., [email protected]
© 2020 Vortex Street, Inc.