Welcome to the Weirdiful Things website at GetWeirdiful.com. The Weirdiful Things website is comprised of various web pages operated by Weirdiful Things. Use of the Weirdiful Things website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Weirdiful Things website constitutes your agreement to all such terms.

Privacy

Your use of the Weirdiful Things website is subject to Weirdiful Things’ privacy policy. Please review our privacy policy, which governs the Weirdiful Things website and informs users of our data collection practices.

Copyright

All copyrights to the Weirdiful Things website and its contents are the property of Weirdiful Things, unless and except as specifically otherwise noted.

Electronic Communications

Visiting the Weirdiful Things website or sending emails to Weirdiful Things constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Weirdiful Things website, satisfy any legal requirement that such communications be in writing.

Your Account

If you create an account for use on the Weirdiful Things website, you are 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 may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Weirdiful Things is not responsible for third-party access to your account that results from theft or misappropriation of your account. Weirdiful Things and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Links to Third-Party Websites

The Weirdiful Things website may contain links to other websites (“linked sites”). The linked sites are not under the control of Weirdiful Things and Weirdiful Things is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Weirdiful Things is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Weirdiful Things of the linked site or any association with its operators.

Certain services made available via the Weirdiful Things website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the GetWeirdiful.com domain, you hereby acknowledge and consent that Weirdiful Things may share such information and data with any third party with whom Weirdiful Things has a contractual relationship to provide the requested product, service, or functionality on behalf of the Weirdiful Things website’s users and customers.

No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Weirdiful Things website strictly in accordance with the terms of this user agreement. As a condition of your use of the Weirdiful Things website, you warrant to Weirdiful Things that you will not use the Weirdiful Things website for any purpose that is unlawful or prohibited by this user agreement. You may not use the Weirdiful Things website in any manner which could damage, disable, overburden, or impair the Weirdiful Things website or interfere with any other party’s use and enjoyment of the Weirdiful Things website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Weirdiful Things website.

All content included as part of the Weirdiful Things website and as part of Weirdiful Things’ product designs, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Weirdiful Things website, is the property of Weirdiful Things or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part, found on the Weirdiful Things website. The Weirdiful Things website content is not for resale. Your use of the Weirdiful Things website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Weirdiful Things and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Weirdiful Things or our licensors except as expressly authorized by the terms of this user agreement.

Use of Communication Services

The Weirdiful Things website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”). You agree to use the communication services only to post, send, and receive messages and material that are proper and related to the particular communication service.

By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purposes, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Weirdiful Things has no obligation to monitor the communication services. However, Weirdiful Things reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Weirdiful Things reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

Weirdiful Things reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Weirdiful Things’ sole discretion.

Always use caution when giving out any personally identifying information about yourself in any communication service. Weirdiful Things does not control or endorse the content, messages, or information found in any communication service and, therefore, Weirdiful Things specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of Weirdiful Things.

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Weirdiful Things

Weirdiful Things does not claim ownership of the materials you provide to Weirdiful Things (including feedback and suggestions) or post, upload, input, or submit to the Weirdiful Things website or any linked site or associated services (collectively, “submissions”). However, by posting, uploading, inputting, providing, or submitting your submission, you are granting Weirdiful Things, our affiliated companies, and necessary sublicensees the permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. Weirdiful Things is under no obligation to post or use any submission you may provide and may remove any submission at any time in Weirdiful Things’ sole discretion.

By posting, uploading, inputting, providing, or submitting your submission, you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the submissions.

Third-Party Accounts

You may be able to connect your account on the Weirdiful Things website to third-party accounts. By connecting your account on the Weirdiful Things website to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Weirdiful Things website is controlled, operated, and administered by Weirdiful Things from our offices within the USA. If you access the Weirdiful Things website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Weirdiful Things website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Weirdiful Things, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Weirdiful Things website or services, any user postings made by you, your violation of any terms of this user agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Weirdiful Things reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Weirdiful Things in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning the terms of this user agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the terms of this user agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to the terms of this user agreement or any disputes arising as a result of the terms of this user agreement, whether directly or indirectly, including tort claims that are a result of the terms of this user agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of this user agreement.

Class Action Waiver

Any arbitration under the terms of this user agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR RESPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Weirdiful Things agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEIRDIFUL THINGS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WEIRDIFUL THINGS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEIRDIFUL THINGS WEBSITE AT ANY TIME.

WEIRDIFUL THINGS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEIRDIFUL THNGS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WEIRDIFUL THINGS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMAITON, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEIRDIFUL THINGS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEIRDIFUL THINGS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEIRDIFUL THINGS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEIRDIFUL THINGS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEIRDIFUL THINGS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WEIRDIFUL THINGS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMTIATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEIRDIFUL THINGS WEBSITE, OR WITH ANY OF THE TERMS OF THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEIRDIFUL THINGS WEBSITE.

Medical Disclaimer

This website is provided for informational and entertainment purposes only and does not constitute providing medical advice or professional services. The information provided should not be used for diagnosing or treating a health problem or disease, and those seeking personal medical advice should consult with a licensed physician. Always seek the advice of your doctor or other qualified health provider regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on a website.

AI Generated Content Disclaimer

This website may contain content created by artificial intelligence (AI) or other automated technologies. Such content is provided for entertainment and informational purposes only and should not be relied upon for any specific purpose without verification of its accuracy or completeness.

Termination / Access Restriction

Weirdiful Things reserves the right, in its sole discretion, to terminate your access to the Weirdiful Things website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state where Weirdiful Things maintains its business mailing address, and you hereby consent to the exclusive jurisdiction and venue of courts in that state in all disputes arising out of or relating to the use of the Weirdiful Things website. Use of the Weirdiful Things website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms of this user agreement, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Weirdiful Things as a result of this user agreement or use of the Weirdiful Things website. Weirdiful Things’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Weirdiful Things’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Weirdiful Things website or information provided to or gathered by Weirdiful Things with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Weirdiful Things with respect to the Weirdiful Things website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Weirdiful Things with respect to the Weirdiful Things website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Weirdiful Things reserves the right, in its sole discretion, to change the terms under which use of the Weirdiful Things website is offered. The most current version of the terms of this user agreement will supersede all previous versions. Weirdiful Things encourages you to periodically review the terms of this user agreement to stay informed of our updates.

Effective as of April 16th, 2024.