Terms

Effective Date: September 1, 2025

 

1) INTRODUCTION

 

Welcome to Whirl LLC (“Whirl,” “we,” “our,” “us”). By accessing or using our websites, our products, and related services (collectively, the “Service” or “Services”), you agree to be bound by this Terms (the “Terms” or “Agreement”), and our Privacy Policy, Cookie Policy, and Safety Guidlines, so it is important that you read this Agreement and these policies and procedures carefully before you create an account. If you are not eligible or do not agree, DO NOT use the Service.

 

We may update these Terms from time to time, so check this page regularly for updates.

 

2) ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

 

Before you create an account on Whirl, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Service.

 

2a) ELIGIBILITY

 

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

 

  1. You are an individual at least 18 years old;
  2. You are legally qualified to enter a binding contract with Whirl;
  3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
  4. You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition);
  5. You are not prohibited by law from using our Service;
  6. You have not committed, been convicted of, or pled no contest to any crime involving violence or a threat of violence, or sexual misconduct.
  7. You do not have any other accounts on our Services; and
  8. You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

 

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning in our sole discretion.

 

2B) YOUR RESPONSIBILITIES

 

You agree to:

 

  1. Acknowledge and agree that we may host and display the information you provide on your profile, including your name, photo, content, phone number, Instagram account, and Snapchat account.You understand and agree that your profile and contact information may be accessible to anyone who obtains your Whirl card or profile link, whether or not you intended to share it with them. Your interactions on external platforms, including but not limited to phone calls, text messages, Instagram, and Snapchat, are outside of Whirl’s control, and you are solely responsible for managing your activity and relationships on those platforms, including the use of tools such as block or privacy features provided by those services. Whirl shall not be liable for hosting or presenting your information on our Services, for any unauthorized access to your profile or Whirl card, or for any disputes, issues, or outcomes arising from your use of third-party platforms.
  2. Use Whirl as a contact-sharing platform to share only the information you choose to make public. By creating or updating your profile, you acknowledge that you are voluntarily providing your own information and that it may be visible to others. You agree that Whirl is not responsible for the content, accuracy, or privacy of the information you share, nor for how others may access, use, or interact with that information once it is made public.
  3. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
  4. Use the latest version of the Website and/or platform;
  5. Treat other users in a courteous and respectful manner, both on and off our Services;
  6. Be respectful when communicating with any of our customer care representatives or other employees;
  7. Review the Safety Guidelines;
  8. Maintain a strong password and take reasonable measures to protect the security of your login information; and
  9. Present yourself respectfully and authentically by adding a photo that shows your face.
  10. Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

 

2c) PROHIBITED ACTIONS

 

You agree that you will not:

 

  1. Misrepresent your identity, age, qualifications, contact information, or affiliations with a person or entity;
  2. Use the Services in a way that damages the Services or prevents their use by other users;
  3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
  4. Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
  5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
  6. Post or share Prohibited Content (see below);
  7. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
  8. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
  9. Use another user’s account or share your account with another person;
  10. Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
  11. Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
  12. Violate the terms of the license granted to you by Whirl (see Section 6 below).
  13. Disclose private or proprietary information that you do not have the right to disclose;
  14. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Whirl’s prior written consent;
  15. Express or imply that any statements you make are endorsed by Whirl;
  16. Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
  17. Upload viruses or other malicious code or otherwise compromise the security of our Services;
  18. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
  19. “Frame” or “mirror” any part of our Services without Whirl’s prior written authorization;
  20. Use meta tags or code or other devices containing any reference to Whirl or the platform (or any trademark, trade name, service mark, logo or slogan of Whirl) to direct any person to any other website for any purpose;
  21. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
  22. Use or develop any third-party applications or services that directly interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
  23. Use, access, or publish the Whirl application programming interface without our written consent;
  24. Probe, scan or test the vulnerability of our Services or any system or network;
  25. Encourage, promote, or agree to engage in any activity that violates these Terms;
  26. Create a new account after we suspend or terminate your account, unless you receive our express permission; or
  27. Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Whirl reporting or appeals request system made available.

 

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

 

2d) PROHIBITED CONTENT

 

Prohibited Content – Whirl prohibits uploading or sharing content that:

 

  1. Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
  2. Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
  3. Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
  4. Is illegal or encourages or facilitates any illegal activity including, without limitation, terrorism, human trafficking, money muling, child abuse and exploitation, or the incitement of violence or hatred;
  5. Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism, or harmful misinformation;
  6. Is defamatory, libelous, or untrue;
  7. Relates to commercial activities (including, without limitation, sales, competitions, employment or investment opportunities, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
  8. Involves the transmission of “junk” mail or “spam”;
  9. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Whirl or otherwise;
  10. Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  11. Was not written by you or was automatically generated, unless expressly authorized by Whirl;
  12. Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
  13. Is inconsistent with the intended use of the Services; or
  14. May harm the reputation of Whirl or its affiliates, meaning the uploading or sharing of content on the Whirl platform that is defamatory to Whirl or its affiliates or advocates misuse of the Service or any service provided by Whirl’s affiliates.

 

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

 

  1. CONTENT

 

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

 

While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Whirl provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, or other material on our Services, including information on users’ profiles.

 

3a. YOUR CONTENT 

 

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

 

By posting Your Content, you grant us a worldwide, royalty-free license to use, display, and distribute it within the Service. We may remove content that violates these Terms or is otherwise harmful.

 

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

 

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

 

The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Member Principles. You may not display any personal contact, banking or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

 

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

 

We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 3b), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.

 

You understand and agree that we may analyze, access, store, and use Your Content, including messages and other communications, to monitor, develop, personalize, and improve our Services, including through the use of machine learning and other automated technologies, in accordance with applicable law.

 

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. If Your Content is prohibited under the laws of any jurisdiction where our Services are available, we may remove it even if it is not illegal in your location. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

 

3b. MEMBER CONTENT

 

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

 

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

 

You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.

 

You do not have any rights in relation to Member Content, and, unless expressly authorized by Whirl, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing you to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

 

3c. OUR CONTENT

 

Whirl owns all other content on our Services.

 

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

 

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

 

  1. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

 

Whirl does not tolerate inappropriate content or behavior on our Services.

 

We are committed to maintaining a positive and respectful Whirl community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by using the ‘report user’ link on their profile page and completing the form. You may also submit a report by emailing us at report@hellowhirl.com

 

As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account, including the reason for your account ban, if doing so would potentially impair the safety or privacy of our other users.

 

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

 

We use a combination of automated tools and human reviewers to enforce our content rules. This includes technology that proactively detects and removes certain types of prohibited material. We also encourage users to report any inappropriate content they encounter. Our systems and processes are generally designed to prioritize the detection and removal of the most serious and harmful violations (e.g., child sexual exploitation material or terrorist content), even if instances of such content are rare. For additional information on how we moderate content, please see our Safety page.

 

Violations may result in consequences ranging from a warning for a less serious infraction to banning the account for more serious or repeated violations. For example, manifestly illegal and harmful content such as terrorist content or child sexual exploitation material will result in a ban. If you believe Your Content was removed in error, you may submit an appeal. More information is available here.

 

Manifestly unfounded reports may result in enforcement actions against the reporter. In assessing misuse, we consider factors such as evidence that a report was motivated by bias or hatred (e.g., based on protected characteristics such as race, sexual orientation, or gender identity) or other malicious intent. Repeated submission of manifestly unfounded reports will result in a ban.

 

  1. PRIVACY

 

Privacy is important to us. We have a separate policy about it that you agree to read.

 

For information about how Whirl collects, uses, and shares your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

 

  1. RIGHTS YOU ARE GRANTED BY WHIRL

 

Whirl grants you the right to use and enjoy our Services, subject to these Terms.

 

For as long as you comply with these Terms, Whirl grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Whirl and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

 

  1. RIGHTS YOU GRANT WHIRL

 

You own all of the content you provide to Whirl, but you also grant us the right to use Your Content as provided in this Agreement.

 

By creating an account, you grant to Whirl a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Whirl’s license to Your Content shall be non-exclusive, except that Whirl’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Whirl would have an exclusive license to screenshots of our Services that include Your Content. In addition, so that Whirl can prevent the use of Your Content outside of our Services, you authorize Whirl to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Whirl is not obligated to take any action with regard to use of Your Content by other users or third parties. Whirl’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

 

In consideration for Whirl allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Whirl regarding our Services, you agree that Whirl may use and share such feedback for any purpose without compensating you.

 

You agree that Whirl may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

 

  1. DISCONTINUATION OF SERVICES

 

Whirl reserves the right to modify, suspend, or discontinue the Service, or any part of it, at any time and in its sole discretion. Whirl may cease operations entirely without prior notice. You acknowledge and agree that Whirl shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service, including the permanent cessation of operations.

 

  1. ACCOUNT TERMINATION

 

If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.

 

You can delete your account at any time by logging into the App, going to the “Profile” tab, and selecting “Settings” (the gear icon), and following the instructions to terminate your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., Apple App Store, Google Play Store) to avoid additional billing.

 

Whirl also reserves the right to review and, if appropriate, suspend, terminate, or ban your account without a refund if Whirl believes that you have violated these Terms, misused our Services, or behaved in a way that Whirl regards as inappropriate or unlawful, on or off our Services, in our sole discretion. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

 

You understand and agree that Whirl may not share information with you regarding your account termination if doing so would potentially impair the safety or privacy of other users.

 

If your account is terminated by you or by Whirl for any reason, these Terms continue and remain enforceable between you and Whirl, and you will not be entitled to any refund for purchases made. Your information will be maintained, shared, and deleted in accordance with our Privacy Policy.



  1. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

 

Whirl does not conduct criminal background or identity verification checks on its users. Though Whirl strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others and review our Safety Guidelines.

 

YOU UNDERSTAND THAT WHIRL DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. WHIRL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. WHIRL RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE WHIRL TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY DATING ADVICE AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY WHIRL, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

 

Though Whirl strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with others, particularly if you decide to communicate through the Service or meet in person.

 

  1. DISCLAIMER

 

Whirl’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services or Member Content.

 

WHIRL PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHIRL DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, WHIRL MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

 

WHIRL ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES WHIRL ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, CONDUCT, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH WHIRL ON OR OFF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WHIRL IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

 

We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.

 

Whirl has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

Whirl will terminate the accounts of repeat infringers.

 

  1. ADS AND THIRD-PARTY CONTENT

 

Like many online services, there are ads on our Services.

 

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. In addition, our Services may allow you to watch an advertisement in exchange for Virtual Items; Whirl does not guarantee that you will always be eligible to watch such advertisements, or that any such advertisements will be available. Whirl may also provide non-commercial links or references to third parties within its content. Whirl is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Whirl is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Whirl is not responsible or liable for such third parties’ terms or actions.

 

  1. LIMITATION OF LIABILITY

 

Whirl’s liability is limited to the maximum extent allowed by applicable law.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHIRL, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS (INCLUDING BUT NOT LIMITED TO CONTENT DEFINED ABOVE AS ‘MEMBER CONTENT’ OR ‘YOUR CONTENT’) OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WHIRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHIRL’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO WHIRL FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST WHIRL, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

 

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.



  1. INDEMNITY BY YOU

 

You agree to indemnify Whirl if a claim is made against Whirl due to your actions.

 

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Whirl, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

 

19) ACCEPTANCE OF TERMS

 

By using our Services, you accept the Terms of this Agreement.

 

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy,and Safety Guidelines (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services. 



  1. ENTIRE AGREEMENT

 

This Agreement supersedes any previous agreements or representations.

 

These Terms, with the Privacy Policy, Cookie Policy,and Safety Guidelines, and any Additional Terms Upon Purchase, contain the entire agreement between you and Whirl regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Whirl account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Whirl in any manner.