Weird Waters Terms of Use

Last Modified: January 8, 2021

Introduction

This website (the “Website”) is owned and maintained by Wayletta Productions, LLC (“Wayletta”) and is created for parents and children to use together. All materials on the Website are owned by Wayletta and/or its parent or affiliate companies.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Wayletta. The following terms and conditions (“Terms of Use“), govern your access to and use of www.weirdwaters.com, including any content, functionality, and services offered on or through www.weirdwaters.com  (the “Website“).

PLEASE READ THE Terms of Use CAREFULLY BEFORE YOU START TO USE THE Website. By accessing and using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.weirdwaters.com, incorporated herein by reference. These Terms, together with the Privacy Policy constitute the entire agreement between the parties relating to the subject matter. If you do not want to agree to these Terms of Use and/or the Privacy Policy, please do not access or use the Website.

These guidelines are for parents or guardians of children who use the Internet. Parents should be aware of what their children are doing online. Websites that we link to are reviewed to ensure they are safe for kids and parents to explore. However, we are not responsible for any content from third party websites (e.g., websites that we don’t have control over). See section on Links from the Website, below. Users of the Website should understand generally the risks involved in using the Internet. While the Internet can help kids learn about topics that are of interest to them, there are areas on the Internet that are not appropriate for kids.

Changes to the Terms of Use

We may revise and update these Terms of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

In addition, your use of the Website may also be subject to additional or different terms or conditions imposed by third parties in connection with products or services that you may access through the Website.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. You agree that we will not be liable to you or to any third party if for any reason all or any part of the Website, or any service, content, feature, or product offered is unavailable or modified at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

Ownership and Restrictions on Use of Content

Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips, other media, and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Wayletta and/or its parent or affiliate companies. The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website, retaining all copyright and other proprietary notices, for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website. Unless otherwise specified, the Website and the Contents are intended to promote Wayletta’s products and services available in the United States, and world-wide (where appropriate). Modification of the Contents or use of the Contents for any other purpose is a violation of ours and/or third parties’ copyright, trademark and/or other proprietary rights. If you download software from the Website, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us. We do not transfer title to the Software to you.

Termination

These Terms are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. These Terms will terminate immediately without notice from Wayletta if, in our sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must destroy all materials obtained from the Website and any and all of our other websites and all copies thereof, whether made hereunder or otherwise.

Submissions

We are pleased to hear from our loyal fans and welcome your comments regarding our products, including the Website. Our company policy, however, does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, despite our request that you do not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Website by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information“), or, if at our request you send us Information, then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, to edit, copy, publish, distribute, translate and otherwise use the Information and we shall not owe any compensation to the person submitting the Information or any third party. Further, we shall be under no obligation to maintain any Information in confidence.

Interactive Content

In order to make the Website more interactive we may occasionally ask users to submit videos, photographs and/or text (“Interactive Content”) for placement on the Website and/or to share such Interactive Content with other users. If you submit Interactive Content to us on the Website, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit. This license includes the right to edit, host, index, cache, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms including but not limited to broadband, wireless, on demand, mobile phones, in video and music software computer programs. You represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Website, and otherwise have the right to grant the license set forth herein. You further represent and warrant that the displaying, publishing or posting of your Interactive Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

The Website may contain links to other websites that are not under the control of Wayletta. This includes links contained in advertisements, including banner advertisements and sponsored links. Neither Wayletta, nor its parent, affiliates or subsidiaries have any responsibility for such third party linked website nor does linking constitute an endorsement of any linked website. We have not reviewed all of the third party Websites which may be linked to the Website and are not responsible for the contents of or any products or services offered in such third party Websites, nor guarantee the accuracy, completeness, or usefulness of any content provided on or through the Website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

Your use and browsing of the Website is at your risk. If you are dissatisfied with any of the Materials contained in the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WAYLETTA AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website (including any Message Board) or the server that makes it available, or your downloading of any Materials from the Website.

NEITHER WAYLETTA NOR ANY PERSON ASSOCIATED WITH WAYLETTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WAYLETTA NOR ANYONE ASSOCIATED WITH WAYLETTA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WAYLETTA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. Wayletta shall not be liable for any losses, claims or damages of any kind related to your use of the Website. The Website and its contents are provided “as is” without any warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Wayletta expressly disclaims any responsibility to update or revise the materials on the Website.

IN NO EVENT SHALL WAYLETTA, OUR PARENT COMPANY, AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE OR THE CONTENTS, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, HOWEVER SUCH DAMAGES OR LOSSES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.

In no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you, if any, for accessing the Website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Wayletta, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

Unless otherwise specified, the materials on the Website are presented solely for the promotion of programs, films and other products available in the United States, its states, territories, possessions and protectorates, and other appropriate countries world-wide. We control and operate the Website from our offices within the United States. We make no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Website is further subject to United States export controls.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, Cleveland, Cuyahoga County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Wayletta’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

Waiver and Severability

No waiver by Wayletta of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wayletta to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

This website is operated by Wayletta Productions, LLC.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]