1. Agreement to terms
These Terms of Service ("Terms") govern access to and use of Whip LLC and related websites, applications, and services (collectively, the "Service") provided by Whip LLC ("we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy.
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. You may not use the Service if you are barred from doing so under applicable law.
3. Accounts and security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at support@worldchamppromotions.com if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or pose a security risk.
4. Customer content and responsibilities
You may submit, upload, or manage content through the Service, including fan data, marketing messages, images, and event information ("Customer Content"). You retain ownership of Customer Content. You grant us a limited license to host, process, transmit, and display Customer Content solely to provide and improve the Service.
You are solely responsible for Customer Content and for your use of the Service, including:
- Obtaining all necessary rights, permissions, and consents to collect, use, and communicate with your contacts.
- Complying with applicable laws governing email, SMS, telemarketing, privacy, and consumer protection (including CAN-SPAM, TCPA, GDPR, and CCPA where applicable).
- Honoring unsubscribe, opt-out, and data subject requests from your contacts.
- Ensuring that Customer Content is accurate and not misleading, unlawful, infringing, or harmful.
5. Acceptable use
You agree not to:
- Use the Service for unlawful, fraudulent, harassing, or abusive purposes.
- Send spam or unsolicited messages without proper consent.
- Attempt to gain unauthorized access to the Service, other accounts, or related systems.
- Reverse engineer, scrape, or interfere with the normal operation or security of the Service except as permitted by law.
- Upload malware or content that violates third-party rights or applicable platform policies (including Meta, Google, and Eventbrite policies when using integrations).
- Resell or sublicense the Service except as expressly authorized by us in writing.
6. Third-party integrations
The Service may integrate with third-party platforms and providers. Your use of those integrations is subject to the third party's terms and policies. We do not control third-party services and are not responsible for their availability, actions, or content.
7. Fees and billing
If the Service or certain features require payment, fees and billing terms will be presented separately or in an order form. Unless otherwise stated, fees are non-refundable except where required by law.
8. Our intellectual property
The Service, including software, design, branding, and documentation, is owned by Whip LLC or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
11. Indemnification
You will defend, indemnify, and hold harmless us and our affiliates, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Service, or your violation of these Terms or applicable law.
12. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, if required by law, or if continued provision of the Service becomes impractical. Upon termination, your right to use the Service ends, but sections that by their nature should survive will remain in effect.
13. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your jurisdiction provide otherwise.
14. Changes
We may modify these Terms from time to time. We will post updated Terms on this page and update the effective date. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms may be sent to privacy@worldchamppromotions.com or support@worldchamppromotions.com.