The following Terms of Use ("Terms") govern your obligations when using WhoShouldIStart.com ("Site") which is owned and operated by Jukeit, LLC. ("Jukeit, WhoShouldIStart, We, Our"), a Maryland Limited Liability. Our Privacy Policy, incorporated herein by reference, outlines the handling of any personal information that you may provide to us.
By accessing the Site you are accepting these Terms. If you do not agree to all of the Terms, the Privacy Policy and the Copyright Policy, please do not use the Site.
We reserve the right to modify or replace these Terms at Our sole discretion. If We choose to do so, you will be notified, provided the changes represent a material alteration in the Terms. Your continued use of the Site constitutes your acceptance of the Terms as modified.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms, WhoShouldIStart may offer to provide certain
services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited
to, any service and content WhoShouldIStart performs for you, as well as the offering of any materials displayed, transmitted
or performed on the Site or through the Services (including, but not limited to text, user comments, messages,
information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips,
also known as the "Content"). WhoShouldIStart may change, suspend or discontinue the Services including any Content for any reason,
at any time, including the availability of any feature or content. WhoShouldIStart may also impose limits on certain features and
services or restrict your access to parts or all of the Services without notice or liability.
WhoShouldIStart does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on this Site. Any information submitted by our uses, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Jukeit. You agree that WhoShouldIStart is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates the Terms.
WHOSHOULDISTART ACCOUNT
In order to use the Services and most of the Site, you are required to create an account with Jukeit. You must be at least
13 years of age in order to create an account. If you are not 13 years of age, please do not use the site. We reserve the
right to refuse registration of, or cancel a WhoShouldIStart Account at our discretion.
During the registration process, you must provide us with accurate, complete and up-to-date information. Failure to do so shall constitute a breach of these Terms and could result in the immediate termination of your account. You will create a username. Because your username will be visible to other users on the site and represent you as a person, you may not create a username with the intention of impersonating another person or a username that is vulgar, obscene or otherwise offensive.
USING YOUR WHOSHOULDISTART ACCOUNT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or
any other purpose not reasonably intended by Jukeit.
You may not artificially alter any Poll result, vote count, comments, or any other WhoShouldIStart Service, including by way of creating separate user accounts for the purpose of artificially altering the results or Services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of any Poll or WhoShouldIStart Service.
You may not use your Account to violate any laws in your jurisdiction (including but not limited to copyright laws). If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
You may not use your Account to deliver unwanted email ("Spam") to any other user or location. You may not use your Account to link to affiliate programs, sites/blogs repurposing existing stories (source hops), or content unrelated to Content you posted.
With the exception of accessing WhoShouldIStart approved devices or software such as RSS feeds or mobile phone apps, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You further agree that you will not take any action that may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site, Services or servers in any way, and you agree not to impede or interfere with others' use of the Site or Services.
You may not sell or transfer your profile.
ACCOUNT TERMINATION
WhoShouldIStart may terminate or suspend your WhoShouldIStart Account as well as any and all Services , without prior notice or liability, if you breach
any of the Terms. Upon such a termination, your right to use the Site or Services will immediately cease. If you wish to terminate
your WhoShouldIStart Account, you can discontinue using the Site or Services. You may request deletion of your WhoShouldIStart account sending us an
email at support@whoshouldistart.com. All provisions of the Terms shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
CONTENT YOU SUBMIT
You agree that by posting Content to this Site, in any other form, you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or
sublicense any such Content in any medium (now in existence or hereinafter developed) and for any purpose, including commercial
purposes, and to authorize others to do so.
You may not submit Content to abuse, harass, threaten, impersonate or intimidate other users. You may not submit Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, hateful or otherwise violates any law or right of any third party.
You may not submit Content to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these Terms to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
We may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content as discussed in our Copyright Policy), or for no reason at all.
You further agree to designate all Content that is of a sexually suggestive language as Adult Content in the proper locations on the Site. Continued failure to do this may result in the termination and deletion of your Account.
EXTERNAL LINKS
During your use of the Site, you may encounter links to other external web sites or resources. Because we have no control over such
sites and resources, you acknowledge and agree that WhoShouldIStart is not responsible for the availability of external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that WhoShouldIStart 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 site or resource.
DISCLAIMER OF WARRANTY AND LIMITATAION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", AND JUKEIT, ITS AFFILIATES AND
ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.
JUKEIT, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE.
JUKEIT, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITE HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE JUKEIT, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TRADEMARKS
All WhoShouldIStart graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or
trade dress of WhoShouldIStart in the U.S. and/or other countries. Jukeits trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
All Trademarks not owned by WhoShouldIStart that appear on the Site, if any, are the property of their respective owners. Nothing contained on
the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of WhoShouldIStart or the third party that may own the applicable Trademark. Your misuse of the
Trademarks displayed on the Site is strictly prohibited.
If you are interesting in using the WhoShouldIStart logo, please contact us before doing so.
MISCELLANEOUS
The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of Maryland, United States of
America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms shall be
commenced and be heard in the appropriate court in the State of Maryland, County of Baltimore, United States of America. Our failure
to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force
and effect.
In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.