Please read these Terms of Service (‘Terms’, ‘Terms of Service’) carefully before using the Would You Rather website (the ‘Service’) operated by Would You Rather (‘us’, ‘we’, or ‘our’).
Terms of Service (“Terms”)
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Would You Rather.
Would You Rather has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Would You Rather shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Would You Rather and its licensors exclusively own Would You Rather, including all associated intellectual property rights. You acknowledge that Would You Rather is protected by copyright, trademark, and other laws of Germany, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Would You Rather.
DMCA / Copyright Policy
We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Would You Rather’s services are provided „as is“, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quite enjoyment and non-infringement and any warranties arising out of the course of dealing or usage of trade. Even though we try to prove the following, we make no warranty that Would You Rather will meet your requirements or will be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, truthfulness, completeness or reliability of any of our intellectual property.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third-party, and/or your violation of these Terms.
Limitation of Liability
Neither Would You Rather nor any other party involved in creating, producing, or delivering Would You Rather, including our Licensors, will be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost or substitute services arising out of or in connection with these terms or from the use or of or inability to use Would You Rather. This also pertains to our intellectual property, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Would You Rather has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Would You Rather total liability arising out of or in connection with these Terms or from the use of or inability to use Would You Rather or to access your profile exceed the amounts you have paid to Would You Rather for the use of Would You Rather. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Would You Rather and you.
These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at [email protected]