Terms & Conditions
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the services offered by Whoa! (“Service”), a brand of ColoMX LLC, located at 30 N. Gould St. Ste R, Sheridan, WY 82801, USA (“Operator”). By using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use our Service.
2. Definitions
- "User" refers to any individual or entity that accesses or uses the Service.
- "Content" refers to any data, information, or material that users upload, publish, or display as part of the Service.
- "Ghost site" refers to a specialized website built using Ghost, which is enabled and facilitated by the Service.
3. User Responsibilities
a. You must be at least 18 years old or have the consent of a parent or guardian to use our Service.
b. Users are responsible for the content they create and host on their Ghost sites. This includes ensuring that such content is lawful, does not infringe any third-party rights (including intellectual property rights), and adheres to applicable regulations.
c. You agree not to use the Service for any illegal purposes, or in any way that could damage, disable, or impair the Service or interfere with any other user’s use of the Service.
4. Account Registration
a. To access certain features of the Service, users may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
b. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
c. If you become aware of any unauthorized use of your account, you agree to notify us immediately.
5. Ownership and Intellectual Property
a. All rights, title, and interest in and to the Service, including the software, logos, and content provided via the Service, are owned by the Operator or its licensors.
b. Users retain ownership of the Content they create. By uploading or submitting Content to the Service, you grant the Operator a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such Content solely for the purpose of providing the Service.
6. Payment and Fees
a. Some services may require payment. You agree to pay all fees associated with your use of the Service in accordance with the pricing and payment terms presented to you during your account registration or as subsequently disclosed.
b. All fees are generally non-refundable. However, if you are not satisfied with the Service, you may request a refund within 7 days of your initial payment. Refund requests made after the 7-day period will not be honored. The refund will be processed in accordance with the applicable terms, and the Operator reserves the right to approve or deny any refund request.
c. All fees are non-refundable unless expressly stated otherwise in writing by the Operator.
7. Termination
a. The Operator may terminate or suspend your access to the Service at any time, with or without cause. However, the Operator will provide reasonable notice to you before such termination or suspension, except in cases where immediate action is required due to security concerns or violations of these Terms.
b. Upon termination, your right to use the Service will immediately cease. Any remaining obligations or liabilities incurred prior to termination will survive the termination of these Terms.
8. Limitation of Liability
a. The Operator shall not be liable for any indirect, incidental, punitive, or consequential damages arising from or relating to the use of or inability to use the Service, even if the Operator has been advised of the possibility of such damages.
b. The total liability, in any event, shall not exceed the fees paid by the user for the Service during the twelve (12) months preceding the event giving rise to the liability.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Operator and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of Wyoming, without regard to its conflict of law principles.
11. Changes to Terms
The Operator reserves the right to modify these Terms at any time. When changes are made, a notice will be posted on our website and the updated Terms will be effective immediately upon posting. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
12. Miscellaneous
a. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
b. These Terms constitute the entire agreement between you and the Operator concerning your use of the Service and supersede any prior agreements or understandings.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
ColoMX LLC
30 N. Gould St. Ste R
Sheridan, WY 82801, USA
hi [at] whoa.im