Last Updated: October 30, 2020
These Terms of Service, as amended from time to time, apply to your access to and use of the websites, mobile apps, and other online products and services (collectively, the “Site”) provided by ifUiWill (“we,” “us,” or “our”).
By accessing or using our Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or use our Site.
The Site is not for use by anyone under the age of 13, including registering for an Account or otherwise visiting the Site. Additionally, you must be over the age of consent in your jurisdiction and be lawfully able to enter into a contract in order to create an Account or otherwise use the Site.
By accessing or using the Site, you agree to be bound by the laws of the United States for the resolution of claims relating to the Site and these Terms of Service. THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
Access and Use of the Site
ifUiWill is a place to bring people together. The Site is offered as a platform to allow users to post fun public or private challenges for other users to participate in. All information and content provided on the Site is for informational purposes only. We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the accuracy, completeness, timeliness, accuracy, or reliability of any Content. You acknowledge that all information and content accessed, or relied on, by you using the Site is at your own risk. ifUiWill has no control of, or any information provided by, a user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Challenge, or any information provided relating to a Challenge, is safe or accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Challenge.
ifUiWill grants you a personal, non-transferrable, non-exclusive, revocable, limited license to use and access the Site solely as permitted by these Terms of Service. We reserve all rights not expressly granted to you by these Terms of Service. Except as permitted through the Site or as otherwise permitted by us in writing, your license does not include the right to: (i) license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Content; (ii) modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Site or Content; or (iii) access the Site or Content in order to build a similar or competitive website, product, or service.
ifUiWill reserves the right to modify, suspend, or discontinue the Site (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Site will be subject to these Terms of Service, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
Use of some portions of the Site may require you to register or create an Account. For example, in order to check out challenges and participate in them, you must have an Account. Visitors may choose not to register for an Account and may access certain features of the Site. To register or create an Account, you may be required to provide us with a username, email address, password, and certain other information about yourself. We may provide notices and messages to you through the Site or to the contact information you provided to us. You agree to keep your contact information up to date.
You are solely responsible for your Account and anything that happens related to your Account. You are responsible for ensuring that your password and account information are kept secret, safe, and secure at all times. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You must immediately notify ifUiWill if you discover or suspect that someone has accessed your Account without your permission.
You will not license, sell, or transfer your account without our prior written approval.
ifUiWill reserves the right to terminate your Account and/or access to the Site at any time without notice for any reason whatsoever.
The Site may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Site by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the accuracy, completeness, timeliness, accuracy, or reliability of Your Content.
By submitting Your Content to the Site, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms of Service. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
Always use caution when publicly posting on a website or mobile application, including giving out any personally identifying information about yourself. ifUiWill does not control or endorse the content, messages or information found on the Site, and, therefore, ifUiWill specifically disclaims any liability with regard to the Site and any actions resulting from your participation in the Site.
Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
ifUiWill does not claim ownership of Your Content. However, you grant ifUiWill, its affiliates, partners, agents, and vendors, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, or other information provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with ifUiWill. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about the Site that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms of Service.
We use reasonable security measures that are designed to protect personal information from loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be completely effective. Consequently, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that ifUiWill makes no warranty or representation nor can it ensure that use of the Site is protected from viruses, security threats, or other vulnerabilities. You use the Site and transmit information to us at your own risk.
The Site may contain links to third-party websites, products, or services, which may be posted by our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Site may also contain sponsored Third-Party Content, contests, sweepstakes, or advertisements. The type, degree, and targeting of promotion or advertisements are subject to change, and you acknowledge and agree that we may place promotions or advertisements in connection with the display of any Content or information on the Site, including Your Content.
Restrictions on Use of the Site
When using or accessing the Site, you must comply with these Terms of Service and all applicable laws, rules, and regulations and you may not do any of the following:
Use the Site, including Challenges, with the implicit or explicit purpose of involving: The violation of any law, regulation, industry requirement, or third-party guidelines or agreements; Drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm; Knives, explosives, ammunition, firearms, or other weaponry or accessories; An abuse or power, or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disability, or disease; Human trafficking or exploitation, kidnapping, vigilantism, animal abuse or cruelty, pornography, prostitution, or other sexual content; Infringement of trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; or Any other activity that ifUiWill may deem in its sole discretion to be unacceptable. Use the Site in any manner that could damage, disable, overburden, or impair the Site or disrupt, interfere with, or inhibit any other user’s use or enjoyment of the Site or other affiliated or linked websites, material, content, products, and/or services. Gain access to (or attempt to gain access to) another user’s account or any non-public portions of the Site, including the computer systems or networks connected to or used together with the Site. Distribute or cause to be distributed software viruses, worms, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications system or equipment. Use the Site to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights (including by uploading files that contain software or other protected material). Use, or allow another individual or entity to use, any robot, spider, screen-scraping technology, or other such programmatic or automatic device to obtain information from the Site or otherwise monitor or copy any portion of the Site Systematically collect or use, or allow another individual or entity to systematically collect or use, any Content, including through the use of any data mining, or similar data gathering and extraction methods Modify, translate, decompile, disassemble, use reverse engineering, or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site. For purposes of these Terms of Service, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of the Site’s underlying technology Use the Site in any manner that we reasonably believe to be an abuse of or fraud on ifUiWill or any of our affiliates, partners, or users. Defame, slander, abuse, harass, stalk, threaten, harm 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, abusive, offensive, indecent, hateful, or unlawful material or information. Advocate or solicit violence, criminal conduct, or the violation of any local, state, national, or international law. Send, transfer, transmit, forward or otherwise distribute any unsolicited or unauthorized advertising, junk or bulk email, surveys, contests, pyramid schemes, chain letters, or any other unsolicited communication. Create a false identity for the purpose of misleading others; Download any file posted by another user 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 or other data that is uploaded. Harvest or otherwise collect information about others, including e-mail addresses, without their prior express consent; and/or. ifUiWill has no obligation to screen, edit, or monitor Content, however, we may, in our sole discretion, delete or remove Content at any time and for any reason, including for violating these Terms of Service. ifUiWill also reserves the right to terminate your Account and/or access to the Site at any time without notice for any reason whatsoever.
We encourage you to report content or conduct that you believe violates these Terms of Service. To report an issue, please email report@ifUiWill.com.
Copyright, Trademark, the DMCA, and Takedowns
ifUiWill respects the intellectual property of others and requires that users of our Site do the same. We have a policy that includes the removal of any infringing material from the Site and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers. If you believe that anything on our Site infringes a copyright or a trademark that you own or control, you may notify ifUiWill’s Designated Agent at:
Please note that if you knowingly misrepresent that any activity or material on the Site is infringing, you may be liable to ifUiWill for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via the email address you used to register your Account. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification to our designated agent at the contact information provided above.
Except to the extent prohibited by law, you agree to indemnify, defend, and hold harmless ifUiWill, our officers, directors, employees, agents, affiliates, licensors, contractors, and third-party service providers (the “ifUiWill Entities”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (i) your use of the Site; (ii) your violation of these Terms of Service; (iii) any activity related to your Account; (iv) any activity related to Your Content; or (v) your violation of applicable laws or regulations. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SITE, CONTENT, MATERIALS, AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE IFUIWILL ENTITIES DO NOT WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. IFUIWILL DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON, OR LINKED TO, THE SITE OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE IFUIWILL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE IFUIWILL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR THE SITE, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SITE THAT IS ALLEGED TO BE DEFAMATORY, DANGEROUS, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE IFUIWILL ENTITIES EXCEED THE ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE IFUIWILL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND IFUIWILL AND IFUIWILL WOULD NOT PROVIDE THE SITE OR CONTENT TO YOU WITHOUT THIS LIMITATION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any claims arising out of or relating to these Terms of Service or the Site will be governed by the laws of Washington, without regard to its conflict of laws rules.
Any controversy or claim arising out of these Terms of Service or any use of the Site shall be determined by one disinterested arbitrator in binding arbitration pursuant to the JAMS Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, JAMS shall select the arbitrator promptly thereafter. Any requests for expedited relief shall be submitted pursuant to JAMS’ Optional Expedited Arbitration Procedures. If any such requests are made before an arbitration panel is empaneled, then JAMS shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Seattle, Washington. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
Waiver of Jury Trial and Class Actions
Changes to these Terms of Service
You may terminate these Terms of Service at any time and for any reason by deleting your Account and discontinuing use of the Site. If you stop using the Site without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
We may suspend or terminate your Account or ability to access or use the Site at any time for any or no reason, including for violating these Terms of Service.
The provisions of these Terms of Service entitled “Your Content;” “Restrictions on Use of the Site;” “Indemnification;” “Disclaimer of Warranties;” “Limitation of Liability;” “Governing Law and Venue;” “Dispute Resolution;” “Waiver of Jury Trial and Class Actions;” “Termination;” and “General Provisions” will survive any termination of these Terms of Service or of your Account.
These Terms of Service constitute the entire agreement between you and us regarding your access to and use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. If any provision of these Terms of Service is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms of Service will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may freely assign any of our rights and obligations under these Terms of Service.
When you visit and/or use the Site, we receive and collect certain information about you.
We receive and store any information you enter on the Site or give us in any other way, including information provided when you register for an account or fill out an online field. It also includes content you submit to the Site, including challenges, posts, comments, saved drafts, and messages, as well as actions you take when using the Site, such as interactions with content and interactions with other users. Information you provide to us may contain personally identifiable information. Personally identifiable information is information that can identify a specific person and includes first and last name, e-mail address, mailing address (including city, state, zip code, and country), and telephone number. We may combine this online information with information collected from offline sources, information we already have (including from your other devices), or information that is publicly available. It is possible to browse our Site without submitting any personally identifiable information but you must provide personally identifiable information in order to register for the Site, which is required to post and view challenges on the Site.
Please note, any information you share in a challenge, post, comment, or in a discussion on the Site may be visible to all users and visitors to the Site and you should never post any sensitive personal information (such as credit card information) in a public challenge, post, comment, or discussion.
In addition to using cookies, we may use similar technologies to track your interactions with our Site. These technologies include web beacons (transparent graphical images placed on a website), pixel tags, and Flash objects. Please refer to your browser’s instructions to remove cached Sites, history, and images from your device. If you choose to disable these technologies, the functionality of the Site may become impacted and you may experience some inconvenience in your use of the Site and some online products and services.
How We May Use Your Information
We may use this information, including personally identifiable information, in a number of ways, including:
To provide, maintain, and improve the Site
To research and develop new services or products
To personalize your experience on the Site
To respond to your inquiries and fulfill your requests
To inform you about important information regarding the Site, products, or services for which you may be interested in, as well as changes to terms, conditions, and policies, and/or other administrative information
To deliver communications that may be of interest to you, including posts or topics that may interest you and advertisements or offers tailored to you
To verify your identity and/or location in order to allow access to your account, conduct online transactions, prevent fraud, and protect the security of your information and the Site
To comply with laws, regulations, other legal process, and law enforcement requirements
To protect and defend our rights or property, the Site, or our users
To act under emergency circumstances to protect the personal safety of us, our affiliates, agents, users of the Site, or the public
For any other purpose that we will disclose to you at the point at which we request your personal information
Much of the information on the Site is public and accessible to everyone, even without an account. By using the Site, you are directing us to share this information publicly and freely. When you submit content (including a challenge, post, comment, message, photo, or video) to a public part of the Site, any visitors to and users of the Site will be able to see that content, as well as your username and your user page, and you should take this into consideration before posting to, or registering for, the Site.
To recognize your device and allow you to use online products and services
To remember your personal settings including preferences and otherwise personalize your experience on the Site
To facilitate navigation of the Site and ensure technological compatibility with your device
To display information more effectively and understand how visitors use the Site
To improve our products and services
To provide advertisements and marketing offers and measure the effectiveness of our advertisements and content
To ensure the Site functions properly
For fraud detection and prevention and other security purposes
To collect statistical information and conduct aggregate analyses on usage patterns of the Site and response rates
To help diagnose serve problems
We do not sell your personally identifiable information and will only share nonpublic information about you in the following ways:
With your consent. We may share information about you with your consent or at your direction. With linked services. If you link your IfUiWill account with a third-party service, IfUiWill will share the information you authorize with that third-party service. You can control this sharing as described in "Your Choices" below. With our service providers. We may share information with vendors, consultants, and other service providers who need access to such information to carry out work for us. Their use of personal data will be subject to appropriate confidentiality and security measures. A few examples: (i) payment processors who process transactions on our behalf, (ii) cloud providers who host our data and our services, (iii) third-party ads measurement providers who help us and advertisers measure the performance of ads shown on our Services. To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process, or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request. Our Transparency Report has additional information about how we respond to government requests. In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person. To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our User Agreement, Content Policy, or other IfUiWill policies, or to protect the rights, property, and safety of ourselves and others. With our affiliates. We may share information between and among IfUiWill, and any of our parents, affiliates, subsidiaries, and other companies under common control and ownership. Aggregated or de-identified information. We may share information about you that has been aggregated or anonymized such that it cannot reasonably be used to identify you. For example, we may show the total number of times a post has been upvoted without identifying who the visitors were, or we may tell an advertiser how many people saw their ad.
This Site is not directed to children under the age of thirteen and we request that any visitor to the Site under the age of thirteen does not provide any personally identifiable information through or on the Site. We do not knowingly collect information from children under the age of thirteen without parental consent.
You may find information about us, our Site, or our products and services through social media pages, such as Facebook, LinkedIn, Twitter, and Instagram. Any information you share is visible to all participants on these social media sites and you should never post any sensitive personal information (such as credit card information) on these social media sites. We do not control these social media sites and they may have different privacy policies from ours, so please be sure to carefully review the policy of each social media site.
To protect personally identifiable information from unauthorized access and use, we use security measures that comply with all applicable federal and state laws. These measures may include device safeguards and secured files and buildings as well as oversight of our third-party service providers to ensure information remains confidential and secure. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you are finished using a shared computer.
Requests for a copy of the information ifUiWill has about you under the EU General Data Protection Regulation (GDPR) data subject access requests can be requested via email to support@ifUiWill.com from the email address that you have verified from your ifUiWill account.
Before we process a request from you about your personal information, we need to verify the request via your access to your ifUiWill account or to a verified email address associated with your ifUiWill account.
Users in the European Economic Area have the right to request access to, rectification of, or erasure of their personal data; to data portability in certain circumstances; to request restriction of processing; to object to processing; and to withdraw consent for processing where they have previously provided consent. These rights can be exercised using the information provided under “Your Rights” above. EEA users also have the right to lodge a complaint with their local supervisory authority.
As required by applicable law, we collect and process information about individuals in the EEA only where we have a legal basis for doing so. Our legal bases depend on the Site and services you use and how you use them. We process your information on the following legal bases:
You have consented for us to do so for a specific purpose; We need to process the information to provide you the Site, including to operate the Site, provide customer support and personalized features and to protect the safety and security of the Site; It satisfies a legitimate interest (which is not overridden by your data protection interests), such as preventing fraud, ensuring network and information security, enforcing our rules and policies, protecting our legal rights and interests, research and development, personalizing the Site, and marketing and promoting the Sire; or We need to process your information to comply with our legal obligations.
This Site does not currently respond to a “do not track” or similar signal.
Last Updated: October 30, 2020