WE URGE YOU TO READ OUR TERMS AND CONDITIONS CAREFULLY.

By using the WhatAStupidB.com website or affiliated websites (“website(s)” or “WASB”), you are deemed to have agreed to these terms and conditions of use. WASB (extended to owners and/ or management) may change the Terms and Conditions at any time and without actual notice to you. All changes to these Terms and Conditions will appear on the website as enacted. After any changes are posted, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, your only recourse is to immediately discontinue use of this site.

User Guidelines and Requirements of Conduct

This website and any associated communications services, including the capability to contribute material through website forms (referred to as “content”), chat room, message board, newsgroup, or other interactive services made available to you on or through this site (referred to as “services”) are provided solely for entertainment purposes. By using the website and services you agree: (1) to provide true, accurate, current and complete information about yourself as prompted during the subscription process, web form or any other registration form. If information is provided by you is untrue, inaccurate, not current or incomplete, WASB reserves the right to terminate your subscription and refuse any and all current or future use of services.

Without limitation of the foregoing, you agree to not use the website or services to:

  • upload, post, publish, e-mail, reproduce, distribute or otherwise communicate any content that:
    • is unlawful, harmful, threatening, fraudulent, invasive of an identifiable person’s privacy, or is purely hateful content; content is inclusive of  information, data, text, music, sound, photographs, graphics, video, messages or other materials submitted to the websites.
    • victimizes, harasses, degrades, or intimidates a group of individuals on the basis of religion, sexual orientation, race, ethnicity or disability;
    • violates any law, contractual or fiduciary relationships by exposing insider, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
    • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • contains software viruses, Trojan horses, worms, time bombs or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, content or personal information;
  • impersonate any person or entity, including, but not limited to a WASB official or falsely state or otherwise misrepresent your affiliation with another person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the website;
  • “stalk” any other person(s);
  • harm or solicit interaction with minors in any way;
  • act in a manner that negatively affects other users’ ability to engage in use of the website or services;
  • engage in any activity that is contrary to or which would adversely affect the purpose or intention of the website or services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the services, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  • interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
  • circumvent, disable or otherwise interfere with security-related features of the websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein, or intentionally or unintentionally violate any applicable local, state, national or international laws.

You agree you will not collect or store information about users of this website or content posted by others on this website or use such information for any purpose including but not limited to transmission, direct or indirect, of unsolicited bulk electronic mail or other communications.

You acknowledge that WASB is not responsible for material submitted to or posted to the website by users. WASB may not pre-screen, monitor, review or edit content posted by users. However, WASB and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in WASB’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. WASB is not responsible for any failure, non-failure or delay in modifying or removing such Content. You remain responsible for accuracy, copyright compliance, legality, decency, or any other aspect of submitted content, including any contribution or part thereof, or other communication to WASB. If known or suspected by you, you agree to immediately notify WASB of any breach of WASB security or any unauthorized use of the service.

You acknowledge and agree that WASB may, but is in no way obligated to preserve content.  WASB may disclose content if required by law or in belief that preservation or disclosure is necessary to:  (1) enforce these Terms and Conditions; (2) comply with a legal process (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of WASB, its users or the general public.

Any or all website Content may be purged from time to time at WASB’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on accuracy, completeness, or usefulness of such Content and that you may not rely on that content for any purpose. You further acknowledge and agree that views expressed on the website do not necessarily reflect the views of WASB and that WASB does not support or endorse any Content (including any Contribution, whether or not edited by WASB or its designee) posted or submitted by any user. WASB assumes no responsibility for deletion of or failure to store postings, Content or other information submitted to the website.

Mobile / Wireless Policy

In addition to fees of which you are notified, your communications carrier’s standard messaging rates may apply to any communication or correspondence related to the website.  WASB is not liable for any charges of which you may incure. WASB is not liable for any delay in any communication as delivery is subject to transmission by network operators or carriers. Information obtained from you may include your cell phone number, your carrier’s name as well as transmission details. We may use this information to contact you or to provide services you request from WASB. This information will not be shared with any third party.

Termination of Use and Access

You may terminate use of these websites at any time.

WASB may suspend, terminate or block your access to the websites or terminate these Terms and Conditions, at any time, for any reason. If WASB suspects that you have violated any provision of these Terms and Conditions, WASB may also seek any other available legal remedy. Your rights under these Terms and Conditions will terminate automatically if you breach any part of this Agreement. You remain liable for all obligations related to use of WASB websites, even after you may have stopped using the websites.

WASB reserves the right to decide whether user submissions or content is appropriate or is in compliance with this Agreement other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. WASB may remove and/ or modify user submissions and/ or terminate any user access without prior notice, at any time and at its sole discretion.

Restriction for Use of Material

The content on this website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the website or its content for sale, trade or other commercial purposes. You further agree not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from WASB — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the website.

Unsolicited Materials

WASB does not solicit nor does it wish to receive confidential, secret or proprietary information or material through the website, surface mail and e-mail addresses, or any other means. Any information or material submitted to WASB, will be deemed as not being confidential or secret. By your submission of Content to WASB, you represent and warrant that the information is original to you and no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with WASB, including submitting or sending Content to the website, you grant WASB royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Content, in whole or part, including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating that Content, in whole or in part, into a WASB website or other feature. You remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to WASB. You warrant that any “moral rights” in posted materials have been waived simply by having submitted the content.

Linked Sites

WASB websites may provide links to third parties’ websites (”Linked Sites”). Linked Sites are not reviewed, controlled, or examined by WASB in any way. WASB is not responsible for content, availability, products or other materials from any Linked Sites or any additional Linked Sites contained therein. There is no implied endorsement of these linked websites by WASB. It is a user’s sole responsibility to comply with Terms of those Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security or export laws. WASB is not liable, directly or indirectly, to anyone for loss or damage arising from or occasioned by the creation or use of Linked Sites. Direct any concerns to that site’s administrator. WASB reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from WASB websites and/or introduce different features or links to different users.

Linked sites may contain content and graphics which contain sexually explicit material unsuitable for minors or which may otherwise be offensive. By entering these linked sites you assert that you are of legal adult age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content does not violate community standards of your locality, city, town, county, state, province, country or other community to which you belong, and/or from which you access these linked sites.

Permission must be explicitly granted by WASB for any type of link to be added to WASB websites or for links to WASB websites to be added to other third party sites. To seek permission, you may write to WASB at inquiries@whatastupidb.com WASB reserves the right to rescind any linking permission granted for any type of link, and to require termination of any such link to the WASB websites, at our discretion at any time.

Contests, Promotions, Simulations or Games

WASB may offer services on or through the website, in the form of contests, promotions, simulations or games (referred to as “Games”).  Players of such Games may be required to complete a registration form. Upon submission, registration information becomes the exclusive property of WASB. Users are permitted only one account for a Game unless Game rules expressly invite a user to register multiple times. WASB, at its sole discretion for any purpose, may suspend or revoke the registration of any user.

Game users agree to release WASB and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Game located on or accessed through the website. WASB is not responsible for technical, hardware, network or software failures of any kind which may limit a user’s ability to participate. Each user agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow users. A user who violates any rules or guidelines for behavior is subject to immediate disqualification and revocation of registration. WASB is under no obligation to award any prize to any user who violates a published rule or guideline.

Some Games may offer prizes which are subject to the official published game or contest rules. WASB reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights

All material and Content on WASB websites are the copyrighted property of WASB, its affiliates and/ or licensors. WASB is the sole owner of all created and submitted content to the website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights thereto related to that Content. Except as provided in these Terms and Conditions or by explicit WASB approval you may not download or save a copy of the website or any portion thereof, for any purpose. You are granted permission to print a copy of individual screens appearing as part of the website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain and are not removed from printed or stored images. All intellectual property rights of the content of linked sites are the property of respective content owners and may be protected by applicable copyright or intellectual property laws and treaties.

Ability to Accept Terms and Conditions

Information posted on the websites may deal with topics and discussion inappropriate for children. You affirm that you are more than 18 years of age, or an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and that you will not help anyone avoid these restrictions.  You absolutely affirm that you are 14 years of age or older.  These websites are not intended for children under 14.  If you are under 14 years of age, please do not use these websites. There are many other super web sites better suited for your enjoyment. Please talk to your parents about websites that are more appropriate for you.

Privacy Policy

WASB is committed to protecting your privacy. You are urged to read the WASB Privacy Policy.

WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE WEBSITES ARE AT YOUR SOLE RISK. THE WEBSITES, CONTENT AND SUBMISSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WASB, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES OR YOUR USE THEREOF. WASB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES. WASB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE IN ANY FORM WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF SERVICE TO OR FROM THE WEBSITES, (5) ANY SYSTEM DEFECTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY WEBSITE CONTENT IN ANY FORM MADE AVAILABLE VIA THE WEBSITES. WASB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH A HYPERLINKED WEBSITE OR BANNER OR OTHER ADVERTISING. WASB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU AGREE TO USE YOUR OWN JUDGMENT IN DEALING WITH ADS OR SERVICES ON THE INTERNET.

LIMITATION OF LIABILITY

IN NO EVENT WILL WASB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF WASB OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.  FURTHER, THERE SHALL BE NO LIABILITY FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WASB’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE MAXIMUM TOTAL LIABILITY OF WASB OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, TO YOU FOR ANY CLAIM UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $20.  THE WEBSITES ARE OFFERED FROM FACILITIES IN THE UNITED STATES OF AMERICA.  WASB MAKES NO REPRESENATION THAT THE WEBSITES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER NATIONAL LOCATIONS.  THOSE WHO ACCESS OR USE THE WEBSITES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR CONSEQUENCES IN VIOLATION WITH ANY LOCAL LAWS.

Indemnity

You agree to defend, indemnify and hold harmless WASB, its managers, members, agents and employees against any and all claims, damages, obligations, liabilities, losses, costs, debts, and expenses (including but not limited to attorney’s fees) due to: (1) your use or misuse of and access to the websites; (2) your violation of any of these Terms and Conditions (3) your violation of any third party rights including without limitation any copyright, property, or privacy right; or any claim that any of your User Submissions which may have caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the websites. WASB reserves the right, at its own expense, to assume the exclusive defense of any matter subject to indemnification by you, in which event you must cooperate with WASB in asserting such defense.

Copyrights and Copyright Agent

WASB respects the intellectual property rights of others, and requires that people who use the websites do likewise. If you believe your work has been copied in a way that constitutes copyright infringement, please forward the following information, at a minimum, to the Copyright Agent named below:

  • Your WASB username, full name, company or business entity name, mailing address, telephone number, and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located on a WASB website and/or other site where content was sourced from a WASB website;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf:

WASB Copyright Agent
P.O. Box xxxx
Scottsdale, Arizona   85xxx

You acknowledge that if you fail to comply with all of the requirements of this Section, that your Notice may not be valid.

Counter-Notice

If you believe that your user content submission which may have been removed, is not infringing on others, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to use or post the content on WASB website(s), you may send a Counter-Notice containing the same information as above the Copyright Agent. You must clearly (1) identify the content that was removed and the location at which the content appeared before it was removed or disabled; (2) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (3) a statement that you consent to the jurisdiction of the federal court in Phoenix, Arizona and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the WASB Copyright Agent, WASB may send a copy of the Counter-Notice to the original complaining party to effect an agreeable resolution to the conflict.  If the claimed, infringed owner does not file an action seeking a court order against the content provider, member or user, the removed content may be reposted within a period of time after receipt of the Counter-Notice, at WASB’s sole discretion.

Repeat Infringers

WASB may terminate access privileges of any user who repeatedly infringes the copyright or other rights of other people or entities.

Applicable Laws / Jurisdiction

You agree that the laws of the U.S. State of Arizona, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. In addition, your use of the website may be subject to other local, state, national, and international laws. You expressly agree to exclusive jurisdiction for any claim or dispute with WASB or relating in any way to your use of the website resides in the courts of the State of Arizona, and you further agree and consent to the exercise of personal jurisdiction in the courts of the State of Arizona, in connection with any such dispute and including any claim involving WASB or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

WASB controls and operates this site from offices in Phoenix, Arizona. There is no representation that materials on the website are appropriate or available in all geographic locations. Accessing the website content from certain locations may be illegal and prohibited. Persons who choose to access this site from other locations do so at their own initiative. WASB is not responsible for compliance with local laws.

Assignment

WASB may, assign, sublicense or transfer in any manner whatsoever, any rights or obligations under this Agreement to any subsidiary, affiliate, partner or successor thereof or any third party whatsoever, without notifying you or receiving your consent. You may not transfer, assign, sublicense nor pledge in any way whatsoever, any rights or obligations on your part under this Agreement.

General Provision and Contacts

If any part of this agreement is held invalid or unenforceable then that portion may be construed in a manner consistent with applicable law to reflect the original intentions of WASB. The remaining portions of these Terms and Conditions shall remain in full force and effect.

For any questions about these Terms and Conditions or any WASB websites in general, send an email to  inquiries@whatastupidb.com

For inquiries regarding advertising on WASB websites, send an email to ads@whatastupidb.com