terms

Terms of Use Policy

Your Acceptance

This is an agreement between Trilithion Enterprises, Inc., a company based in Jacksonville, Florida, which is the owner and operator of Why You Matter (WYM). https://wymlive.com (the “Site”), the WYM software, and the WYM mobile apps (collectively “WYM”, “We”, “we”, or the “Service(s)”), and You (“You(r)” or “User(s)”), a user of the Service.  By using the Service, You acknowledge and agree to these Terms of Service, and to WYM’s Privacy Policy and Privacy Fundamentals and which are incorporated herein by reference. If You choose to not agree with any of these terms, you cannot use the Service.

 

Allowable Content and Acceptable Use

At WYM our focus is creating an environment that is a positive, fun, freeing, convenient, safe and enriching experience for all of our Users. Therefore, there are rules that all Users and WYM must follow.

 

You may NOT:

  • Violate any law or regulation.
  • Send unsolicited or unauthorized advertising or commercial communications, a single example of which could be spam, even in the form of a post, comment or private message.
  • Engage in spidering or harvesting or participate in the use of any type of software, including spyware, designed to collect data from the Site or Services.
  • Use automated methods to use the Site or Services.
  • Stalk, gaslight, harass, bully, shame, intimidate, browbeat, or harm another User.
  • Post unlawful, harmful, obscene, or pornographic content.
  • Impersonate someone.
  • Dox someone, or in any other way violate someone else’s privacy, whether they are a User or not.
  • Post content that is hateful, threatening, harmful, intimidating, incites violence, criminal activity of any kind, and/or rioting; or contains any kind of violence.
  • Use WYM to do anything unlawful, threatening, misleading, malicious, harassing, or discriminatory.
  • Post content You do not have the right to transmit.
  • Post content that infringes on trademarks or copyrights.
  • Post viruses or malicious scripts.
  • Post spam or link bait.
  • Attempt to circumvent any technological measure implemented by WYM or any of WYM's providers or any other third party (including another User) to protect the Site or Services.
  • Attempt to decipher, de-compile, disassemble, or reverse engineer any of the software used to provide the Site or Services.
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

 

WYM’s Rights Reserved at WYM’s Sole Discretion

WYM may permanently cancel accounts of Users who violate the prevailing Terms of Service. WYM reserves the ongoing right to view all private or public content posted to WYM in any way for the purposes of fixing issues, responding to complaints about Terms of Service violations, assessing compliance with this Terms of Service, or when required or compelled to do so by law or regulation. WYM reserves the right to remove any content without notice for any reason and at its sole discretion in accordance with the prevailing Terms of Service or any law or regulation.

WYM reserves the ongoing right to suspend or terminate Your account or cease providing You with all or part of the Services at any time for any or no reason.

 

WYM reserves the right to ban any Users, Pages and/or Groups that do not comply with the prevailing Terms of Service as assessed in WYM’s sole discretion and interpretation of the prevailing Terms of Service; and Users, Pages and/or Groups under investigation or which have been detected as sharing content in violation of the prevailing Terms of Service may have their visibility limited in various or all parts of WYM, including search. Users, Pages and Groups may not be notified when any of this occurs. Banned Pages, Groups, and Users may contact WYM Customer Support to request more information via email at WYM Customer Support. WYM reserves the right to respond or not respond to such requests and/or inquiries.

 

While we have the right to monitor activity and content as described in the prevailing Terms of Service, WYM is not obligated to do so. We do not guarantee the accuracy, integrity, validity or quality of any content submitted by Users. Because standards vary and individuals sometimes choose not to comply with our prevailing Terms of Service, policies and practices, You understand that in the process of using WYM, You may be exposed to content that You find offensive, inaccurate, invalid, untrue, incomplete or objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted in any way on WYM or endorse any opinions expressed by any User on WYM. We may investigate the complaints and violations of the prevailing Terms of Service that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts of Users, Pages and/or Groups. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on WYM.

 

There are no fees for use of many of the features on WYM.

 

WYM reserves the right to transfer ownership and/or administration of or terminate a Page and/or Group that has been abandoned. A Page or Group is considered abandoned if the Page or Group has not been accessed or attended to by the owner(s) and/or administrator(s) of the Page and/or Group for at least 6 months. Once the ownership and/or administration of a Page and/or Group has been transferred, it will not be reinstated.

 

Who Our Services Are For

The use of WYM is for all person’s age 12 and over who agree to these Terms of Service. WYM Terms of Service and Privacy Policy are in force and applicable for all times when Users are specifically in use of the Service.

 

Privacy

Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of Your WYM account information and credentials, including Your username and password. You are responsible for all activities that occur under Your WYM account and You agree to notify WYM immediately of any unauthorized access or use of Your WYM account. WYM is not responsible or liable for any damage or loss related to any unauthorized access or use of Your WYM account. For more information on the importance and protection of Your privacy at WYM, please see our Privacy Policy and Privacy Fundamentals.

 

User Content Ownership

Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Users of WYM (“User Submissions”) are owned by the party contributing such content. As a User of WYM, you are solely responsible for Your own submissions. By transmitting Your submissions or otherwise through or using WYM You represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use. You promise that Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

 

WYM is not responsible for the accuracy, integrity, validity, quality, usefulness, safety, or intellectual property rights of or relating to User Submissions, which may be inaccurate, infringing, offensive, untrue, incomplete, indecent, or objectionable. You understand that all information posted or transmitted through WYM is the sole responsibility of the User and the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of Users or the accuracy of any data that Users may provide any other Users with whom You interact in the course of using WYM.

 

Passwords

You are responsible for safeguarding the password that you use to access WYM and for any activities or actions under your password. We encourage you to use a strong, unique passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. WYM cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

Misuse of Usernames, Page Names, Group Names

You may not buy or sell WYM usernames, Page names or Group names.

You may not engage in username, Page name, or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username, Page name, or Group name squatting include:

  • the number of accounts created;
  • the creation of accounts for the purpose of preventing others from using those account names;
  • the creation of accounts for the purpose of selling those accounts; and
  • the use of third-party content feeds to update and maintain accounts under the names of those third parties.

 

Fake Accounts

You may not register or create fake and misleading accounts. While You may use WYM pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, catfishing, abusive, or disruptive behavior, including attempts to manipulate the conversations on WYM. Some of the factors that we may take into account when determining whether an account is fake include:

  • Use of stock or stolen avatar photos
  • Use of stolen or copied profile bios
  • Use of intentionally misleading profile information

 

More on Spam

You may not use WYM’s services for the purpose of spamming anyone. Spam is generally defined on WYM as bulk or aggressive activity that attempts to manipulate or disrupt WYM or the experience of Users on WYM to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:

  • if You have made large number of Group or User contact requests, or followed and/or unfollowed a large number of User accounts, Pages or Groups, in a short time period;
  • if Your posts or comments consist mainly of links and/or are shared without commentary;
  • if a large number of people have blocked You in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from Your account;
  • if a large number of spam complaints have been filed against You;
  • if You post duplicative or substantially similar content, replies, comments to multiple Pages, Groups, or Users; or create duplicate or substantially similar accounts;
  • if You post multiple updates to a Page, Group, User or topic with an intent to subvert or manipulate the topic to drive traffic or attention to unrelated accounts, products, services, or initiatives;
  • if You send large numbers of unsolicited posts, comments, replies or mentions;
  • if You add Users to lists in a bulk or aggressive manner;
  • if You are randomly or aggressively engaging with Pages, Groups, or Users to drive traffic or attention to unrelated accounts, products, services, or initiatives;
  • if You repeatedly post other people’s account information as Your own (e.g., bio, posts, comments, profile, User URL, etc.);
  • if You post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking Pages, etc.);
  • Accounts created to replace or mimic suspended accounts may be permanently suspended.

We may also remove accounts which WYM at its discretion attributes to entities known to violate the WYM Terms of Service.

 

Our Commitment to Data Security

WYM uses commercially reasonable and acceptable physical, managerial, and technical safeguards to preserve the integrity and security of Your personal information. We cannot, however, ensure or warrant the security of any information You transmit to WYM and You do so at Your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the WYM Service is never recommended. Once we receive Your transmission of information, WYM makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If WYM learns of a security systems breach, then we may attempt to notify You electronically so that You can take appropriate protective steps. WYM may post a notice on the Site or through the WYM Service if a security breach occurs.

 

WYM Content Data

When You use the Services, we process any data You explicitly enter into the Site (Your “Content Data”), including Your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. WYM uses Your Content Data for the sole purpose of serving and providing You with the full experience of WYM. You control how we process Your Content Data through Privacy & Sharing settings in Your account on WYM. At any time, you can edit/update, retrieve or delete Your Content Data in Your account.

 

WYM Log Data

When You use our Services, we may receive information (“Log Data”) such as Your IP address, browser type, operating system, the referring web Page, Pages visited, location, Your mobile carrier, and device information (including device and application IDs). We receive Log Data when You interact with WYM’s Services, for example, when You visit the WYM websites, sign into WYM’s Services, interact with WYM’s email notifications, use Your account to authenticate to a third-party website or application. We may also receive Log Data when You click on, view or interact with links on our Services, including links to third-party applications, such as when You choose to install another application through WYM. WYM uses Log Data to provide, understand, and improve WYM’s Services. We either delete Log Data or remove any common account identifiers, such as Your username, full IP address, or email address, after a maximum of 12 months.

 

Closing Your Account

At any time, you may close Your account.  You can do this by……

 

Impersonation
Pages, Groups, and Events must not impersonate or falsely represent a brand, entity, or public figure. Where a Page, Group, or Event is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.

 

Gambling
Pages, Groups, and Events must not facilitate or promote online gambling, online real money, games of skill, or online lotteries without the expressed prior written permission of WYM. 

 

Inaccurately Tagged Content
Pages, Groups, and Events must not inaccurately tag content or encourage Users to inaccurately tag content.

 

Incentivization
Pages, Groups, and Events must not incentivize people to misuse WYM features or functionality.

 

Notification of Requests for Account Information

WYM's policy is to notify Users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so. Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected Users when prior notice is prohibited.

 

Guidelines for Law Enforcement Seeking Customer Data

Like all service providers, WYM is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by WYM.

 

a. Service of Legal Process

Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding WYM's customers may be personally served at or mailed to the address below. WYM will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax.

 

b. Valid Legal Process is Required Before Disclosure

For all WYM Users disclosure is governed by U.S. law, including the Federal Stored Communications Act (the “SCA”), 18 U.S.C. Sections 2701-2712, as well as by our own prevailing Terms of Service and Privacy Policy. In general, we will turn over “basic subscriber” records (i.e., name, email address, phone number, and so on) in response to a valid subpoena that is issued in connection with an official criminal investigation. However, we require a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over User content stored on our servers, such as posts, photos, videos, documents, etc. Requests by law enforcement agencies require a valid search warrant or equivalent from an agency with proper jurisdiction over WYM.

 

WYM Rights

All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of WYM and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives You a right to use the WYM name or any of the WYM trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding WYM, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to You.

 

Indemnity

By accepting the Terms of Service, You agree to indemnify and otherwise hold harmless WYM, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) Your use of WYM; ii) unauthorized access to or alteration of Your communications with or through WYM, or iii) any other matter relating to WYM. Any business transactions which may arise between Users from their use of WYM are the sole responsibility of the Users involved, and we disclaim any and all responsibility for such transactions.

 

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You. In no event will our total cumulative liability exceed US $10.00.

 

Ownership In and To The Site and Services

Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“WYM Content”); and (b) WYM's trademarks, logos, and brand elements (“Marks”). The Site and Services, WYM Content, and Marks are all protected under U.S. and international laws. You agree not to display or use these trademarks in any manner without our prior written permission.

 

Other Provisions

WYM is provided to people by Why You Matter (WYM), a company based in Jacksonville, Florida.

 

Under no circumstances will WYM be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

 

If any provision of piece of the Terms of Service, no matter how great or small, is found to be unlawful, void, or unenforceable, then that provision will be deemed sever-able from the Terms of Service and will not affect the validity or enforce-ability of any remaining provisions.

 

The failure of WYM to enforce any right or provision of the Terms of Service will not prevent WYM from enforcing such right or provision in the future.

 

WYM reserves the right, in WYM’s sole discretion to modify the Terms of Service, effective upon the date a revised Terms of Service is posted on the Site without notice to You, the User, of such modification. Your continued use of the Service constitutes Your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. WYM may assign WYM’s rights and obligations under the prevailing Terms of Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

 

The Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.

 

You agree that any action of whatever nature arising from or relating to the prevailing Terms of Service, the Site, or Services will be filed only in the state or federal courts located in Duval County, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

 

Contact Information

Why You Matter (WYM)

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