WHIMSIKO - Terms Of Service


Latest Updates: 08/16/2023

Welcome to WHIMSIKO! These Terms of Use delineate the terms and conditions governing your access and utilization of the websites located at https://www.whimsiko.com. This document serves as a legally binding agreement between you, referred to as the user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter), and the WHIMSIKO entity listed in clause 2.1 below (referred to as “we”, “our” or “WHIMSIKO” hereinafter).

1. Application and Acceptance of the Terms

1.1 Your use of the Sites and WHIMSIKO’s services, software, and products (collectively referred to as the “Services” hereinafter) is subject to the terms and conditions outlined in this document, as well as the Privacy Policy, the Product Listing Policy, and any other regulations and policies of the Sites that WHIMSIKO may periodically publish. The Promotion Services mentioned in the WHIMSIKO Free Membership Agreement encompass Top Ranking and Sponsored Listing, in addition to any other Services as may be introduced by WHIMSIKO from time to time. This document, along with the aforementioned rules and policies of the Sites, collectively referred to as the “Terms,” constitutes the agreement governing your use of the Services. By accessing the Sites or utilizing the Services, you indicate your acceptance of and commitment to comply with these Terms. If you do not agree with these Terms, please refrain from using the Services or the Sites.

1.2 You are prohibited from using the Services and from accepting these Terms if: (a) you do not meet the legal age criteria for entering into a binding contract with WHIMSIKO, or (b) you are prohibited from receiving any Services under the laws of the countries/regions including the country/region of your residence or the country/region from which you access the Services.

1.3 WHIMSIKO retains the right to modify any part of these Terms at any time by publishing the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you acknowledge that the modified Terms will apply to you.

1.4 If WHIMSIKO has provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only, and the English language version will govern your usage of the Services or the Sites.

1.5 In certain cases, you may be required to enter into separate agreements, either online or offline, with WHIMSIKO or our affiliates for specific Services (“Additional Agreements”). If a conflict or inconsistency arises between these Terms and an Additional Agreement, the Additional Agreement shall prevail only in relation to the relevant Service.

1.6 These Terms may not be modified except in writing by an authorized officer of WHIMSIKO.

2. Provision of Services

2.1 The WHIMSIKO contracting entity you are engaging with is WHIMSIKO.

2.2 Registration as a member on the Sites is a prerequisite for accessing and using certain Services. Furthermore, WHIMSIKO reserves the right, without prior notice, to limit access to or usage of specific Services (or any features within the Services) to paying Users or subject to other conditions that WHIMSIKO may enforce at its discretion.

2.3 Services (or any features within the Services) may vary across different regions and countries. There is no warranty or representation that a specific Service, feature, or function thereof, or an equivalent type and extent of the Service, features, and functions thereof, will be available to Users. WHIMSIKO may, at its sole discretion, restrict, deny, or establish distinct levels of access to and usage of any Services (or any features within the Services) for different Users.

2.4 WHIMSIKO reserves the right to launch, modify, upgrade, subject to conditions, suspend, or terminate any Services (or any features within the Services) without prior notice, except for fee-based Services, where such changes will not significantly impact the experience of that Service for paying Users.

2.5 Certain Services might be provided by WHIMSIKO’s affiliates on behalf of WHIMSIKO.

2.6 Payment Platform refers to the entity providing payment services, such as Stripe and PayPal.

3. Users Generally

3.1 As a prerequisite for accessing and using the Sites or Services, you commit to complying with all relevant laws and regulations.

3.2 You agree to use the Sites or Services solely for your personal and internal purposes. You affirm that (a) you shall not replicate, reproduce, download, republish, sell, distribute, or resell any Services or Site Content (including information, text, images, graphics, video clips, sound, directories, files, databases, or listings available on or through the Sites), and (b) you shall refrain from copying, reproducing, downloading, compiling, or otherwise using any Site Content with the intent of establishing a business that competes with WHIMSIKO or commercially exploiting the Site Content. Unauthorized systematic extraction of Site Content from the Sites to create or compile a collection, compilation, database, or directory (whether accomplished through robots, spiders, automatic devices, or manual processes) requires written authorization from WHIMSIKO. Use of any content or materials on the Sites for purposes not explicitly permitted in these Terms is prohibited.

3.3 You are required to review WHIMSIKO’s Privacy Policy, which governs the protection and use of personal information about Users held by WHIMSIKO and our affiliates.

3.4 WHIMSIKO may facilitate Users’ access to content, products, or services offered by third parties through hyperlinks (including word links, banners, channels, or other forms), APIs, or similar means to those third parties' websites. It is advised to familiarize yourself with the terms, conditions, and privacy policies of such websites before using the Sites. You acknowledge that WHIMSIKO exercises no control over such third-party websites, refrains from monitoring them, and shall bear no responsibility or liability to any party for those websites, or any content, products, or services accessible through them.

3.5 You commit not to take actions that compromise the integrity of WHIMSIKO's computer systems or networks, or those of other Users, nor to unlawfully access such computer systems or networks.

3.6 You undertake not to engage in actions that may undermine the integrity of WHIMSIKO’s feedback system. This includes actions like posting positive feedback for yourself using secondary Member IDs, through third parties, or submitting unjustified negative feedback about another User.

3.7 By posting or displaying any information, content, or material (“User Content”) on the Sites, or by providing any User Content to WHIMSIKO or our representative(s), and to the extent permitted by applicable laws, you grant an irrevocable, perpetual, global, royalty-free, and sublicensable (across multiple tiers) license to WHIMSIKO. This license authorizes WHIMSIKO to display, transmit, distribute, reproduce, publish, copy, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, medium, or technology currently known or yet to be developed, for any purpose that benefits the operation of the Sites, the provision of any Services, and/or the business of the User. You represent and warrant to WHIMSIKO that you have all necessary rights, power, and authority to grant the aforementioned license. Information protected by data protection laws will only be used and retained in compliance with those laws.

4. Member Accounts

4.1 Users must register as members on the Sites to access or use certain Services (a registered User is also referred to as a “Member” herein). Unless approved by WHIMSIKO, one User is only permitted to register one member account on the Sites. WHIMSIKO may cancel or terminate a User’s member account if there are suspicions that the User has concurrently registered or managed two or more member accounts. Additionally, WHIMSIKO may decline a User’s registration application for any valid reason.

4.2 Upon registration on the Sites, WHIMSIKO will assign an account, issue a member ID, and provide a password (selected by a registered User during registration) to each registered User. A member account may include a web-based email account with limited storage space for the Member's email transactions.

4.3 A set of Member ID and password is unique to an individual account. Each Member is solely responsible for maintaining the confidentiality and security of their Member ID and password, as well as for all activities conducted under their account. No Member shall engage in sharing, assigning, or facilitating the use of their Member account, ID, or password by any external party not affiliated with the Member’s own business entity. Members must promptly notify WHIMSIKO if they become aware of any unauthorized use of their password or account, or any other security breach affecting their account.

4.4 Members acknowledge that all activities occurring under their account (including but not limited to posting company or product information, agreeing to Additional Agreements or rules, subscribing to or making payment for services, using the email account for communication, or sending SMS messages) will be deemed authorized by the Member.

4.5 Members recognize that sharing their account or allowing multiple users outside their business entity to access it may result in irreversible harm to WHIMSIKO or other Users of the Sites. Members agree to indemnify WHIMSIKO, along with our affiliates, directors, employees, agents, and representatives, against any losses or damages (including but not limited to loss of profits) suffered as a result of the unauthorized use of their account. Furthermore, Members agree that in cases of multiple account usage or failure to uphold account security, WHIMSIKO shall not be held liable for any losses or damages arising from such breaches, and shall have the right to suspend or terminate the Member’s account without incurring liability towards the Member.

5. Responsibilities of Members

5.1 Representations and Authority. As a member of WHIMSIKO, you acknowledge and affirm that:

  • (a) You possess the necessary authority to agree to these Terms, grant licenses, and fulfill your obligations under them.

  • (b) Your use of the Sites and Services is strictly for business purposes.

  • (c) The address provided during registration represents the primary location of your business. If you have branch or liaison offices, they will not be considered separate entities, and your principal place of business will be determined by your head office.

5.2 Accurate Information. When registering or using any Service, you agree that:

  • (a) The information and material you provide during registration or subsequently is truthful, accurate, current, and complete.

  • (b) You will promptly update and correct any information to ensure its accuracy and completeness.

5.3 Contact Information and Privacy

  • Upon becoming a member, you grant WHIMSIKO and its affiliates permission to include your contact information in the Buyer Database. Your contact information may be shared with other users as outlined in our Privacy Policy.

5.4 User Content and Rights. You affirm that:

  • (a) You are solely responsible for obtaining any necessary third-party licenses and permissions for User Content you submit.

  • (b) Your User Content does not violate any third-party copyrights, patents, trademarks, trade names, trade secrets, or personal rights.

  • (c) You have the right to sell, trade, distribute, or export the products/services described in your User Content, without infringing any Third Party Rights.

  • (d) You and your affiliates are not subject to trade restrictions, sanctions, or legal limitations imposed by any country, international organization, or jurisdiction.

5.5 Guidelines for User Content. You agree that your User Content will:

  • (a) Be truthful, accurate, lawful, and complete.

  • (b) Not contain false, deceptive, or misleading information.

  • (c) Not include defamatory, offensive, obscene, or harmful content.

  • (d) Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • (e) Comply with the Product Listing Policy, other Terms, and Additional Agreements.

  • (f) Adhere to applicable laws and regulations and avoid promoting any unlawful activities.

  • (g) Not include links to other websites with content violating the Terms.

5.6 Proper Conduct. You commit to:

  • (a) Conduct your activities on the Sites in compliance with applicable laws and regulations.

  • (b) Engage in business transactions with other users in good faith.

  • (c) Abide by these Terms and any applicable Additional Agreements.

  • (d) Not use the Services for fraud, including selling stolen items or using stolen payment methods.

  • (e) Avoid impersonating or misrepresenting yourself or your affiliations.

  • (f) Refrain from spamming, phishing, or engaging in any unlawful activities.

  • (g) Not undermine data integrity, attempt unauthorized access, or participate in other harmful activities.

  • (h) Not use WHIMSIKO's proprietary directories, databases, and listings unlawfully.

  • (i) Not introduce computer viruses or other damaging elements.

  • (j) Not compromise WHIMSIKO's data, systems, or networks.

  • (k) Not involve individuals or entities subject to economic or fraud sanctions.

  • (l) Not create liability for WHIMSIKO or its affiliates.

5.7 No Competing Activities

  • You acknowledge that you will not use the Services and your member account for activities similar to WHIMSIKO's e-commerce marketplace business.

5.8 Business Referees and References. If you provide a business referee:

  • (a) You confirm that you have the necessary consents to act as a business referee.

  • (b) You are authorized to post their contact details and information.

  • (c) Third parties may contact your business referees based on the information you provide.

  • (d) Your reference letters and comments about your business are truthful and accurate.

5.9 Cooperation and Assistance

  • You agree to provide necessary information and cooperation for WHIMSIKO's Services. Failure to do so will not extend service periods, and WHIMSIKO shall not be liable for resulting losses.

5.10 Content Responsibility

  • You acknowledge that WHIMSIKO is not obligated to monitor or control content. You are solely responsible for the content of your communications and may be held legally accountable for them.

5.11 Business Use Only

  • The Services are intended for business use only, not for personal or consumer use.

5.12 Compliance with Laws

  • You agree to comply with applicable laws and regulations in your jurisdiction when using the Sites and Services.

6. Breaches by Members

6.1 WHIMSIKO reserves the right, at our sole discretion, to remove, modify, or reject any User Content that you submit to, post, or display on the Sites, which we reasonably believe to be unlawful, in violation of the Terms, potentially subjecting WHIMSIKO or our affiliates to liability, or otherwise inappropriate in the opinion of WHIMSIKO.

6.2 If any Member breaches any Terms, or if WHIMSIKO has reasonable grounds to believe that a Member is in breach of any Terms, WHIMSIKO has the right to take appropriate disciplinary actions, including but not limited to: (i) suspending or terminating the Member’s account and any other accounts related to such account, as determined by WHIMSIKO; (ii) restricting, downgrading, suspending, or terminating access to, or use of, any Service; (iii) removing any product listings or User Content submitted, posted, or displayed by the Member, or imposing restrictions on the number of product listings or User Content that may be posted or displayed by the Member; (iv) imposing other restrictions on the usage of any features or functions of any Service, as deemed appropriate by WHIMSIKO; and (v) implementing any other corrective measures, disciplinary actions, or penalties as deemed necessary or appropriate by WHIMSIKO.

6.3 Without limiting the scope of the Terms, a Member is considered in breach of the Terms in any of the following circumstances:

  • a) Upon receipt of a complaint or claim from a third party, WHIMSIKO has reasonable grounds to believe that such Member has willfully or materially failed to fulfill a contract with the third party. This includes cases where the Member has failed to deliver items ordered by the third party after receiving the purchase price, or the items delivered by the Member do not meet the terms and descriptions specified in the contract with the third party.

  • b) WHIMSIKO has reasonable grounds to suspect that such Member has used a stolen credit card or provided false or misleading information in any transaction with a counterparty.

  • c) WHIMSIKO has reasonable grounds to suspect that any information provided by the Member is incomplete, inaccurate, or untrue.

  • d) WHIMSIKO believes that the Member’s actions may result in financial loss or legal liability for WHIMSIKO, our affiliates, or any other Users.

6.4 WHIMSIKO reserves the right to fully cooperate with governmental authorities, private investigators, and/or injured third parties in the investigation of suspected criminal or civil misconduct. Additionally, to the extent permitted by applicable laws and policies, WHIMSIKO may disclose the Member's identity, contact information, and information about the Member's accounts, transactions, or activities conducted on or through the Site. This may occur upon request by a government or law enforcement entity, an injured third party, or as a result of a subpoena or other legal action. WHIMSIKO shall not be held liable for any damages or consequences arising from such disclosure, and the Member agrees not to take any action or bring any claim against WHIMSIKO for such disclosure.

6.5 WHIMSIKO may, at any time and in our reasonable discretion, impose limitations on, suspend, or terminate a Member’s use of any Service or the Sites without liability to the Member. This may occur if WHIMSIKO has received notice that the Member is in breach of any agreement or commitment with any affiliate of WHIMSIKO, including but not limited to Taobao, Alipay, or China Yahoo!. Such a breach may involve or be reasonably suspected of involving dishonest or fraudulent activities. WHIMSIKO is not required to investigate such breaches or seek confirmation from the Member.

6.6 Each Member agrees to indemnify WHIMSIKO, our affiliates, directors, employees, agents, and representatives and to hold them harmless from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) that may arise from your submission, posting, or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.

6.7 Each Member further agrees that WHIMSIKO is not responsible and shall have no liability to you or any other party for any User Content or other material transmitted over the Sites. This includes content that is fraudulent, false, misleading, inaccurate, defamatory, offensive, or unlawful. The risk of damage resulting from such material rests entirely with each Member. WHIMSIKO reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member. In such an event, the Member shall cooperate with WHIMSIKO in asserting any available defenses.

7. Transactions Between Buyers and Sellers

7.1 Electronic Platforms for Transactions

  • Through the Sites, WHIMSIKO facilitates electronic web-based platforms for exchanging information between buyers and sellers of products and services. Additionally, WHIMSIKO offers electronic web-based transaction platforms for Members to place, accept, conclude, manage, and fulfill orders for products and services online within the Sites, subject to the terms outlined in the Transaction Services Agreement. However, for any Services, WHIMSIKO does not act as the representative of either the seller or the buyer in individual transactions. WHIMSIKO does not exercise control and is not liable or responsible for the quality, safety, lawfulness, or availability of products or services offered for sale on the Sites, nor for the ability of sellers to complete a sale or the ability of buyers to complete a purchase.

7.2 Risks of Dealing

  • Users should be aware that there are risks associated with engaging with individuals who may be operating under false pretenses. While WHIMSIKO employs various techniques to verify the accuracy of certain information provided by paying Users during registration for a paying membership service on the Sites, the inherent challenges of verifying users on the Internet make it impossible for WHIMSIKO to confirm the identity of each User, including paying Members. Users are encouraged to exercise common sense and use various means to evaluate the parties they are transacting with.

7.3 Assumption of Risks

  • Each User acknowledges that they assume the risks associated with conducting purchase and sale transactions using the Sites or Services. This includes assuming the risks of liability or harm arising from subsequent activities related to products or services involved in transactions using the Sites. Such risks may include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or hazardous products, unlawful products, delays or defaults in delivery or payment, miscalculations of costs, breach of warranty, breach of contract, and transportation accidents. These risks also encompass the possibility that the manufacture, importation, export, distribution, offering, display, purchase, sale, and/or use of products or services displayed on the Sites could infringe upon Third Party Rights. Additionally, Users may incur costs related to defending or indemnifying against claims arising from assertions of Third Party Rights. Risks extend to claims by consumers, purchasers, end-users, or others alleging injuries or harm resulting from their use of products obtained through transactions on the Sites. All of these potential risks are collectively referred to as "Transaction Risks". Users agree that WHIMSIKO will not be liable for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions, or expenses resulting from Transaction Risks.

7.4 Responsibility for Transactions

  • Users are solely responsible for all terms and conditions of transactions conducted on, through, or resulting from the use of the Sites or Services. This includes terms related to payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage.

7.5 Information and Materials Requirement

  • Users agree to provide WHIMSIKO with all necessary information and materials reasonably required in connection with transactions conducted on, through, or as a result of using the Sites or Services. WHIMSIKO reserves the right to suspend or terminate a User's account if the User fails to provide the necessary information and materials.

7.6 Disputes and Indemnification

  • In the event that a User has a dispute with any party involved in a transaction, the User agrees to release and indemnify WHIMSIKO (along with our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages arising from or in connection with such transaction.

8. Limitation of Liability

8.1 Services "As Is"

  • To the maximum extent permitted by law, WHIMSIKO provides the Services on the Sites "as is," "as available," and "with all faults." WHIMSIKO expressly disclaims all warranties, whether express or implied, including but not limited to warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are excluded.

8.2 Accuracy and Validity of Information

  • To the maximum extent permitted by law, WHIMSIKO makes no representations or warranties regarding the validity, accuracy, correctness, reliability, quality, stability, completeness, or currentness of any information provided on the Sites. WHIMSIKO does not represent or warrant that the manufacture, importation, export, distribution, offering, display, purchase, sale, and/or use of products or services displayed on the Sites violate any Third Party Rights. WHIMSIKO does not make representations or warranties concerning any product or service displayed on the Sites.

8.3 Downloading and Material

  • Any material downloaded or obtained through the Sites is done at the User's sole discretion and risk. Users are solely responsible for any damage to WHIMSIKO's computer system or loss of data resulting from the download of such material. No advice or information, whether oral or written, obtained from WHIMSIKO or through the Sites, shall create any warranty not expressly stated herein.

8.4 Third-Party Services or Products

  • The Sites may offer services or products provided by independent third parties. No warranty or representation is made regarding such services or products. WHIMSIKO and our affiliates shall not be held liable for any such services or products.

8.5 Indemnification

  • Each User agrees to indemnify and hold harmless WHIMSIKO, our affiliates, directors, officers, and employees from all losses, claims, and liabilities (including legal costs on a full indemnity basis) arising from the User's use of the Sites or Services or breach of any terms and conditions outlined in the Terms.

8.6 Claims by Third Parties

  • Each User agrees to indemnify and hold harmless WHIMSIKO, our affiliates, directors, officers, and employees from all losses, damages, claims, and liabilities (including legal costs on a full indemnity basis) arising directly or indirectly from claims asserted by Third Party Rights claimants or other third parties concerning products offered or displayed on the Sites. Users further acknowledge that WHIMSIKO is not responsible and shall have no liability for material posted by others, including defamatory, offensive, or illicit content. WHIMSIKO reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the User, with the User cooperating in asserting any available defenses.

8.7 Limitation of Liability

  • WHIMSIKO shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity, or otherwise. This limitation applies to damages resulting from various factors, such as the use or inability to use the Sites or Services, defects in goods or services, violations of Third Party Rights, unauthorized access to User data, statements or conduct of Users, and other matters relating to Services. WHIMSIKO's aggregate liability to Users for all claims arising from the use of the Sites or Services during any calendar year is limited to the greater of the fees paid to WHIMSIKO or our affiliates by the User during the calendar year or the maximum amount permitted by applicable law. This limitation does not preclude Users from proving actual damages, and any claims related to the use of the Sites or Services must be filed within one (1) year from the date of the cause of action or as prescribed by applicable law.

8.8 Application of Limitations

  • The limitations and exclusions of liability outlined in the Terms apply to the maximum extent allowed by law, regardless of whether WHIMSIKO was advised of the possibility of such losses.

9. Force Majeure

9.1 Unforeseen Circumstances

  • WHIMSIKO shall not be held liable for any delay, failure, or disruption of content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control. Such events may include, without limitation, Internet failures, equipment failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, court orders, or non-performance of third parties.

10. Intellectual Property Rights

10.1 Ownership of Rights

  • WHIMSIKO is the sole owner or lawful licensee of all rights and interests in the Sites and Site Content. These entities embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. Title, ownership, and intellectual property rights in the Sites and Site Content shall remain with WHIMSIKO, our affiliates, or licensors of the Site Content, as applicable. All rights not claimed under the Terms or by WHIMSIKO are reserved.

10.2 Trademarks and Logos

  • "WHIMSIKO," "WHIMSIKO.COM," and related icons and logos are registered trademarks or service marks of WHIMSIKO LLC. or WHIMSIKO Limited in various jurisdictions. These marks are protected under copyright, trademark, and other proprietary rights laws. Unauthorized copying, modification, use, or publication of these marks is strictly prohibited.

10.3 Third-Party Trademarks

  • WHIMSIKO may make available services or products provided by independent third parties. No use of third-party trademarks, service marks, or logos is permitted without prior written approval from the respective parties.

11. Notices

11.1 Legal Notices to WHIMSIKO

  • All legal notices or demands to or upon WHIMSIKO shall be made in writing and sent to WHIMSIKO personally, by courier, certified mail, facsimile, or email to the following entity and address: [Provide WHIMSIKO's contact details].

11.2 Notices to Users

  • Legal notices or demands to Users shall be effective if delivered personally, sent by courier, certified mail, facsimile, or email to the last-known correspondence, fax, or email address provided by the User to WHIMSIKO. Notice shall also be deemed received if WHIMSIKO posts such notice or demand on a publicly accessible area of the Sites without a charge.

11.3 Electronic Communication

  • Users agree that all agreements, notices, demands, disclosures, and other communications sent electronically by WHIMSIKO satisfy the legal requirement for written communication.

12. General Provisions

12.1 Entire Agreement

  • Subject to Additional Agreements, the Terms constitute the entire agreement between Users and WHIMSIKO regarding the use of the Sites and Services. These Terms supersede any prior written or oral agreements concerning the same subject matter.

12.2 Independent Contractor Relationship

  • WHIMSIKO and Users are independent contractors, and the Terms do not create agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationships.

12.3 Severability

  • If any provision of the Terms is deemed invalid or unenforceable, that provision shall be deleted, and the remaining provisions shall remain valid and enforceable.

12.4 Headings

  • Headings are for reference only and do not define, limit, construe, or describe the scope of any section.

12.5 Waiver

  • WHIMSIKO's failure to enforce any right or act upon a breach by Users under the Terms does not constitute a waiver of that right. WHIMSIKO retains the right to act with respect to subsequent or similar breaches.

12.6 Assignment

  • WHIMSIKO may assign the Terms to any person or entity, including affiliates. Users may not assign the Terms to any person or entity.

12.7 Feedback

  • Users may provide feedback or questions about the Services by contacting customer service at service@whimsiko.com.

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