Welcome to Watchinga, Inc (a.k.a. "Watchinga"). Before you begin to use the
watchinga.com website and online services (hereafter known as the "Site"),
please review the following conditions, which explain what your rights and what
our obligations are to our members. By accessing or interacting with the Site in
(collectively known as the "Terms and Conditions"), including any future
amendments or updates thereto. Please read and agree to these Terms and Conditions
prior to using the Site. Your use of the Site constitutes your acceptance of the
Terms of Service. Do not use the Site if you are unwilling or unable to be bound
by the Terms of Service.
- A "User"
is an unregistered user of the Site who accesses or interacts with the Site. A
"Member" is a registered user of the Site who accesses or interacts
with the Site. The terms "you" and "your" refer to you, as a
User or Member of the Site.
means text, imagery, audio, video, and all other forms of data, promotion, or
communication. "Contributed Content" means Content that you, as a
Member of the Site, browse or post to the Site. "Watchinga Content"
means Content that is proprietary to Watchinga and made available on the Site.
"Third Party Content" means Content that is contributed to the Site by
third parties or affiliate programs ("Affiliates") other than Watchinga or its
2. Site Description.
The Site provides Content from a variety of difference sources, both proprietary
and third party in nature. Third party Content is provided as a free service to
Users and Members. Watchinga is not responsible for the accuracy, redemption,
errors/omissions or expiration of news, promotions and/or coupons provided
through Third Party Content, and it is your responsibility to make sure that a
discount, special pricing, or free offer is present whenever redirected to a
Third Party or Affiliate. The Site nor Watchinga directly hosts any third party
3. Site Access and Use.
- Subject to the restrictions in these Terms of Service, Watchinga grants you permission to use the Site, including the ability to: (a) search for Content, (b) read, play and share Content, (c) interact with other Users and Members, (d) post messages, (e) send messages to other Members, and (f) invite other Users you know to register through the Site.
- You will be exposed to proprietary Watchinga Content, Contributed Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate to certain individuals. Note that Watchinga does not endorse Contributed Content or Third Party Content, and cannot vouch for its accuracy.
4. Watchinga Member Accounts
Some functions of the Site require registration as a member by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Watchinga, in its sole discretion, finds offensive or inappropriate, Watchinga has the right to suspend or terminate your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You agree that the information you provide to Watchinga on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Watchinga at email@example.com.
You must be at least 13 years old to register as a member of the Site. Otherwise, you may use only portions of the Site. If you use the Site on behalf of a company or other organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise on its behalf).
6. Privacy Notice
7. Ownership of Content.
Watchinga owns the Watchinga Content, including but not limited to data, visual interfaces, interactive features, graphics, design, compilation, computer code (including source code or object code), products, software, aggregate data, and all other elements and components of the Site excluding Contributed Content and Third Party Content. Watchinga also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Watchinga Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Watchinga Content in whole or in part except as expressly authorized by Watchinga. Except as expressly and unambiguously provided herein, Watchinga does not grant you any express or implied rights, and all rights in and to the Site and the Watchinga Content are retained by Watchinga.
8. Use of Content.
- Watchinga may or may not use Contributed Content in its sole discretion. We also have no obligation to retain or provide you with copies of Contributed Content, nor do we guarantee any confidentiality with respect to Contributed Content.
- Watchinga and its licensees may display advertisements and other information adjacent to or included with Contributed Content on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
9. Software and Content Downloads
Watchinga may make certain viewable Content available to you for review or download from the Site. All such Content that you download shall be subject to the terms and conditions included with such Content or otherwise presented to you upon review. Watchinga reserves the right, at its discretion, to change, modify, remove or discontinue any Content available on the Site at any time.
10. Third Party Content.
The Site may include Content, as well as links, widgets or references from/to
other websites (each known as a "Third Party"). Watchinga does not
control or endorse any Third Party website, and you agree that Watchinga is not
responsible for the availability or contents of such Third Parties. When you
click on Content from another Site, you may or may not be directed to another
website. If you are redirected, you will not be warned and you will then be
subject to the terms and conditions of the Third Party website upon redirect.
Watchinga is not responsible for the content or privacy policies of Third Party
websites. By using the Site, you assume all responsibility for and assume the
risk of interacting with any such websites, and you relieve Watchinga from any
and all liability arising from their use.
11. Contributed Content
Members may post, share, upload, publish, submit or transmit text, graphics,
images, information or other materials to be made available through the Site by
way of Contributed Content. Watchinga does not claim any ownership rights in any
such Contributed Content and nothing hereto will be used to restrict any rights
that you may have to use and exploit any such Contributed Content.
12. Permission to Use Contributed Content.
- You grant Watchinga the unalterable right to use your Contributed Content
for any purpose, including but not limited to the right to reformat it, edit it,
publish it, associate it with your account name, incorporate it into other
works, create derivative works from it, distribute it, promote it, and license
these same rights to third parties for use in connection with other media
properties ("Other Media").
- You grant the Site's users and the users of any Other Media the
irrevocable right to access Your Content in connection with their use of the
Site and any Other Media.
- You irrevocably waive, and cause to be waived, any claims and assertions
of moral rights or attribution with respect to Your Content.
13. Responsibility for Contributed Content.
- You are solely responsible for your Contributed Content. You assume all
risks associated with use of Contributed Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure by you of
information in Contributed Content that makes you personally identifiable. You
represent that you own, or have the necessary permissions to use, and authorize
the use of Contributed Content as described herein. You may not imply that
Contributed Content is in any way sponsored or endorsed by Watchinga.
- Because you are solely responsible for Contributed Content (and not
Watchinga), you may expose yourself to liability if, for example, Contributed
Content violates a Third Party's rights, including any copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any
other intellectual property or proprietary right; contains material that is
false, intentionally misleading, or defamatory; contains material that is
unlawful, including illegal hate speech or pornography; exploits or otherwise
harms minors; or violates or advocates the violation of any law or regulation.
14. Use of Promotions.
Watchinga provides online Promotions and Coupons as a free service to its
Users and Members. Watchinga is not responsible for the redemption,
errors/omissions or expiration of promotions and coupons, and it is your
responsibility to make sure that a discount, special pricing, or free offer is
present in the checkout process of an Third Party. All offers and coupons and
promotions on this site are subject to change without notice. Watchinga has no
control over the legality of any coupons or other offers made by Third Parties,
the ability of any of the Third Parties to complete the sales in accordance with
the offers, or the quality of the goods offered by the Third Parties.
Watchinga has no control over whether Third Parties will honor the offers
distributed through the Site, and does not guarantee the accuracy or
completeness of the information contained on the Site. In the event you have a
dispute with an Third Party in any way relating to the Site or the use of
information from the website, you agree to waive and release Watchinga from any
and all claims, demands, actions, damages (actual and consequential), losses,
costs or expenses of every kind and nature, known and unknown, disclosed and
undisclosed relating to that dispute.
15. Prohibited Conduct
By using the Site you agree to the following:
- Not to use the Site for any illegal purpose, or in violation of any local,
state, national, or international law, including, without limitation, laws
governing intellectual property and other proprietary rights, and data
protection and privacy;
- Not to post, upload, or transmit any Contributed Content that: (i)
infringes, misappropriates or violates a Third Party's patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights;
(ii) is fraudulent, false, misleading or deceptive; (iii) is pornographic,
vulgar or offensive, defamatory or obscene in nature; (iv) promotes
discrimination, bigotry, racism, hatred, harassment or harm towards any
individual or group of people; (v) is violent or threatening or incites violence
or actions that are harmful to any other person; or (vi) incites illegal or
harmful activities or substances;
- Not to disturb or interfere with any part of the Site; change or forge any
data processed or distributed by the Site; or use an automated process to cause
accelerated performance demand on the Site than a single person could produce;
- Not to change or interfere with or in any manner compromise any Content,
programming, and/or advertising contained on or through the Site, including the
Site's advertising and/or content delivery and display functionality;
- Not to register as a Member of the Site if you are under the age of 13
- Not to gather or collect any personally identifiable information,
including Member information, from the Site;
16. Termination of Agreement.
- Watchinga may terminate or suspend your membership account or ability to
use the Site, in whole or in part, at Watchinga's sole discretion, for any or no
reason, and without notice or liability of any kind. Any such termination or
suspension could prevent you from accessing your account, the Site, Your
Content, Site Content, or any other related information.
- You may terminate the Terms of Service at any time by closing your account
at your own discretion.
- In the event of any termination, all sections of the Terms and Conditions,
including Watchinga's rights with respect to Contributed Content.
You agree to indemnify and hold Watchinga, its parents, subsidiaries,
affiliates, any related companies, suppliers, licensors and partners, and the
officers, directors, employees, agents and representatives of each of them
harmless, including costs, liabilities and legal fees, from any claim or demand
made by any third party due to or arising out of (i) your access to or use of
the Site, (ii) your violation of the Terms of Service, or (iii) the infringement
by you, or any third party using your account, of any intellectual property or
other right of any person or entity. Watchinga reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us and you agree to cooperate with our defense of
these claims. You agree not to settle any matter without the prior written
consent of Watchinga. Watchinga will use reasonable efforts to notify you of any
such claim, action or proceeding upon becoming aware of it.
18. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
WATCHINGA.COM IS BEING PROVIDED BY WATCHINGA AS IS AND AS AVAILABLE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WATCHINGA DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO WATCHINGA, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. YOU AGREE THAT WATCHINGA WILL NOT BE LIABLE FOR ANY COSTS OR
DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND
YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST WATCHINGA AND ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND
WATCHINGA DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS
OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. WATCHINGA DOES NOT MAKE ANY
REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
AND WATCHINGA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR
INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO
RECEIVE [REBATES] BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT. IN NO EVENT
SHALL WATCHINGA BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING
WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING
IN CONNECTION WITH YOUR USE OF WATCHINGA;
ANY ACT OR OMISSION BY WATCHINGA IN ADMINISTERING THE WEBSITE OR THE PROGRAM;
OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN
IF WATCHINGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR
LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY
AND HOLD WATCHINGA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS
AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE
ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF
WATCHINGA, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE
INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY
THREATENING, LIBELLOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN
ANY MEMBER COMMUNICATIONS.
THE TERMS AND CONDITIONS SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME
TO TIME; WATCHINGA WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND
BY ALL THE SAID TERMS AND CONDITIONS, INCLUDING ANY AND ALL UPDATES THERETO.
WATCHINGA WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS
YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE WATCHINGA SITE REGULARLY TO
DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY
MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR MEMBER
ACCOUNT. YOUR CONTINUED USE OF THE SITE AFTER ANY POSTED MODIFICATION TO THE
TERMS OF SERVICE INDICATES YOUR ACCEPTANCE OF THE MODIFICATION.