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Terms for Creating and Participating in Activities

1. General Provisions

1.1. Scope of Application

These Terms for Creating and Participating in Activities (hereinafter — the “Activity Terms”) govern exclusively the relationships related to the creation, publication, organization, and participation in Activities on the WHIMSCOPE platform (hereinafter — the “Platform”).

These Terms do not govern separate matters related to:

  • user conduct rules;
  • content requirements;
  • personal data processing;
  • subscriptions, payments, and refunds;
  • moderation and enforcement of sanctions.

Such matters are governed by the respective separate Platform documents, which are referenced in these Terms.

1.2. Purpose of These Terms

These Terms define:

  • user roles within Activities;
  • general principles of interaction between users;
  • allocation of responsibility and risk between users and the Platform.

1.3. Definitions

For the purposes of these Terms, the following definitions apply:

  • “Activity” (hereinafter — a “Whim”) — any event, meeting, or initiative (including offline and online interactions) created by a user and published on the Platform.
  • “Organizer” (Creator) — a user who creates and manages a Whim, including its description, participation conditions, and execution.
  • “Participant” — a user who joins or takes part in a Whim.
  • “User” — any individual using the Platform in accordance with the Terms of Use.
  • “Platform Activity” — a Whim created and published by the Platform or on its behalf, which may be offered to Users as an idea, scenario, or recommendation for independent execution.

1.4. Acceptance of Terms

By creating a Whim, joining it, or otherwise interacting with it, the User confirms that they have read these Terms and agree to comply with them.

1.5. Types of Whims

The Platform may provide:

  • Whims created by Users;
  • Platform Whims created or suggested by the Platform.

Platform Whims are provided solely as ideas, recommendations, or scenarios for possible execution by Users and do not imply any organization, control, or participation by the Platform in their actual implementation, unless explicitly stated otherwise.

1.6. Age and Legal Capacity

The User confirms that they have sufficient legal capacity to participate in Whims in accordance with applicable law.

Participation of minors may be restricted or may require consent from legal guardians in accordance with applicable law and Platform policies.

2. Platform Role Disclaimer

2.1. Technological Nature of the Platform

The Platform is solely a technological service that enables Users to create, publish, discover, and participate in Whims, as well as interact with one another.

The Platform does not organize, manage, or conduct Whims.

2.2. No Status as an Organizer or Intermediary

The Platform is not:

  • an organizer or co-organizer of any Whim;
  • an agent, representative, or partner of any User;
  • a party to any agreements between Users regarding participation in Whims.

Any interaction between Users in connection with Whims takes place directly between such Users.

All interactions between Users occur exclusively between them without the involvement or control of the Platform.

2.3. No Control Over Whims

The Platform does not control and does not guarantee:

  • the content, quality, or safety of Whims;
  • that Whims will meet Users’ expectations;
  • User behavior during participation in Whims;
  • that Whims will be carried out in accordance with their descriptions.

The Platform is not obligated to monitor, review, or supervise Whims or User actions, but may do so at its sole discretion.

2.4. Platform Whims

The Platform may create or suggest Platform Whims as ideas, recommendations, or scenarios.

Such Platform Whims:

  • do not constitute an obligation for the Platform to implement them;
  • do not imply any participation, control, or supervision by the Platform during their actual execution by Users;
  • are carried out by Users at their own discretion and responsibility.

Platform Whims are not events or activities organized by the Platform. The Platform does not act as an organizer, co-organizer, or responsible party for the actual execution of any actions that may be performed by Users based on such Whims.

2.5. No Warranties

The Platform provides no warranties regarding:

  • the success or suitability of participation in Whims;
  • the safety or suitability of any Whims;
  • the accuracy of information provided by Organizers.

All Whims are provided on an “as is” basis.

2.6. Limitations of Platform Involvement

The Platform may provide technical tools, features, or recommendations related to Whims; however, this does not constitute participation by the Platform in their organization or execution.

The Platform may use algorithmic mechanisms to display, recommend, or rank Whims. Such mechanisms do not imply organization, endorsement, or guarantee of any Whim by the Platform.

2.7. No User Verification

The Platform does not conduct mandatory verification of User identity, reputation, or reliability and does not guarantee the accuracy of any information provided by Users.

3. Independent Organizer Status

3.1. Independent Status of the Organizer

The Organizer (a User who creates a Whim) is an independent and autonomous user of the Platform. The Organizer is not an employee, agent, representative, or partner of the Platform.

3.2. No Representation of the Platform

The creation or publication of a Whim does not imply that the Organizer acts on behalf of the Platform or is authorized to represent the Platform in any manner.

3.3. Full Responsibility of the Organizer

The Organizer is solely responsible for:

  • the creation and description of the Whim;
  • the organization and execution of the Whim;
  • the participation conditions of the Whim;
  • the safety of participants during the Whim;
  • compliance with applicable laws during the execution of the Whim.

3.4. No Platform Control

The Platform does not control or participate in the creation, organization, or execution of Whims and is not responsible for the actions of the Organizer or other participants in a Whim.

3.5. Independent Decision-Making by Participants

Participation in Whims is voluntary. Each Participant independently decides whether to participate and assesses any potential risks associated with such participation.

3.6. Prohibition of Representing the Platform

The Organizer may not directly or indirectly state that a Whim is organized, supported, or endorsed by the Platform unless expressly provided otherwise.

4. Creation and Management of Whims

4.1. General Principle of Creating Whims

An Organizer may create and publish Whims using the Platform’s functionality. When creating a Whim, the Organizer independently determines its content, format, description, and participation conditions.

4.2. Requirements for Whim Information

Information provided by the Organizer when creating a Whim must be:

  • accurate and not misleading;
  • sufficient to understand the nature of the Whim;
  • up to date at the time of publication.

The Platform is not obliged to verify the accuracy of such information.

4.3. Compliance with Other Platform Rules

When creating and managing Whims, the Organizer must comply with all applicable Platform rules, including:

These Terms do not duplicate such rules and apply in addition to them.

4.4. Prohibition of Violations Through Whims

The Organizer may not create or publish Whims that:

  • violate applicable law;
  • infringe the rights of third parties;
  • contain prohibited content under the Platform’s policies.

4.5. Editing and Cancellation of Whims

The Organizer may edit or cancel created Whims in accordance with the Platform’s functionality.

The Platform may restrict or cancel access to a Whim in cases provided for by internal policies and the Terms of Use.

4.6. Informational Nature of the Platform

The Platform provides tools for creating and publishing Whims but does not guarantee:

  • their execution;
  • participation of other Users;
  • compliance with expectations of the Organizer or Participants.

4.7. Obligation to Warn About Risks

The Organizer is obliged to properly inform Participants about any material risks associated with a Whim, if such risks are foreseeable.

5. Participation in Whims

5.1. Voluntary Participation

Participation in Whims is entirely voluntary. Each Participant independently decides whether to take part in a specific Whim and is responsible for such decision.

5.2. Risk Assessment by the Participant

Prior to participating in a Whim, the Participant is obliged to independently assess all potential risks associated with participation, including physical, social, organizational, or other risks.

5.3. No Guarantees from the Organizer or the Platform

Neither the Platform nor the Organizer guarantees:

  • the safety of participation in a Whim;
  • that the Whim will meet the Participant’s expectations;
  • that the Whim will actually be conducted in the form described.

5.4. Interaction Between Participants

All interactions between Participants during a Whim take place directly between such Participants without the involvement or control of the Platform.

5.5. Responsibility for Own Actions

Each Participant is solely responsible for their own actions during participation in a Whim, including compliance with applicable laws and Platform rules.

5.6. No Insurance

The Platform does not provide insurance coverage for Users in connection with participation in Whims.

6. Risks and Disclaimer of Liability

6.1. General Allocation of Risks

The Participant and the Organizer acknowledge and agree that participation in Whims may involve various risks, including but not limited to physical, material, social, organizational, or other risks.

All such risks are assumed by Users voluntarily and at their own discretion.

The User confirms that they understand and accept that the Platform does not control the circumstances of Whim execution, including the location, time, participants, and the behavior of other persons.

6.2. No Liability of the Platform

The Platform is not liable for any loss, damage, injury, conflict, or other negative consequences that may arise in connection with participation in or organization of Whims.

This includes, but is not limited to:

  • actions or omissions of Organizers;
  • actions or omissions of Participants;
  • conditions under which a Whim is conducted;
  • the location of a Whim.

6.3. Assumption of Risk by the Participant

The Participant confirms that they participate in Whims at their own risk and independently assess their safety and appropriateness both before and during participation.

6.4. Relation to Offline Activities Liability Disclaimer

In the case of offline Whims, the Offline Activities Liability Disclaimer applies, which is a separate and binding document that takes precedence in matters of risk allocation for offline Whims.

These Terms do not replace or limit the effect of the Offline Activities Liability Disclaimer.

6.5. No Guarantees of Safety or Outcome

The Platform does not guarantee:

  • the safety of Whims;
  • the absence of risks during participation;
  • the achievement of any outcome from participation in Whims.

The User is responsible for the security of their account and interactions on the Platform in accordance with the Security and Incident Response Policy.

7. Payments and Subscription

7.1. General Principle

The Platform operates on a subscription-based model, which may grant Users access to the functionality of creating, viewing, and participating in Whims, depending on the selected pricing plan.

7.2. No Payments Between Users

The Platform does not provide for or facilitate financial settlements between Users in connection with the creation or participation in Whims.

Organizers and Participants do not make or receive payments from each other through the Platform within the Whims functionality.

7.3. Role of the Platform in Payments

All payments for the use of the Platform are made exclusively as subscription fees for access to the service.

The Platform may use third-party payment providers to process subscriptions; however, it does not store or control payment data outside of such providers.

7.4. Reference to Other Policies

Subscription terms, payment conditions, cancellations, and refunds are governed by the Subscription and Payment Terms and the Subscription and Refund Policy.

7.5. No Financial Guarantees

The Platform does not guarantee any benefit, economic result, or value from the use of paid services or participation in Whims.

8. Moderation and Platform Actions

8.1. General Moderation Principle

The Platform performs moderation of Whims, content, and User actions in accordance with its internal policies, including the Acceptable Use Policy, Community Safety Policy, and Content Moderation and Enforcement Policy.

8.2. Right to Restrict Access

The Platform has the right, at its sole discretion, to restrict access to a Whim, remove a Whim, or apply other measures against a User in the event of a violation of Platform rules or applicable law.

8.3. No Obligation of Prior Review

The Platform is not obligated to perform prior review, monitoring, or supervision of Whims but may do so at its sole discretion to ensure safety and compliance with Platform rules.

8.4. Application of Platform Policies

All moderation decisions are made in accordance with the Platform’s applicable policies and Terms of Use, which take precedence in matters of general User conduct and Platform usage.

8.5. Relation to UGC Policy

Whim content is also governed by the User-Generated Content (UGC) Policy, which takes precedence in matters relating to content standards and requirements.

9. Limitation of Liability

9.1. General Limitation of Platform Liability

To the maximum extent permitted by applicable law, the Platform shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the Platform or participation in Whims.

9.2. No Liability for User Actions

The Platform is not responsible for the actions, behavior, statements, or omissions of Users, including Organizers and Participants of Whims.

9.3. No Warranties

The Platform is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to warranties of safety, uninterrupted operation, fitness for a particular purpose, or meeting User expectations.

9.4. Maximum Limitation of Liability

Where the Platform’s liability cannot be fully excluded under applicable law, such liability shall be limited to the maximum extent permitted by law.

9.5. Jurisdictional Limitations

Certain limitations of liability may not apply in specific jurisdictions where such exclusions are prohibited by law.

10. Indemnification

10.1. Indemnification by the Organizer

The Organizer agrees to indemnify, defend, and hold harmless the Platform, its affiliates, employees, and partners from and against any claims, demands, damages, losses, or expenses (including legal fees) arising directly or indirectly from:

  • the creation, organization, or execution of Whims;
  • any breach of these Terms or other Platform policies;
  • any violation of applicable law;
  • the actions or omissions of the Organizer or any persons engaged by the Organizer.

10.2. Indemnification by the Participant

The Participant agrees to indemnify, defend, and hold harmless the Platform from and against any claims, demands, damages, losses, or expenses (including legal fees) arising directly or indirectly from:

  • participation in Whims;
  • any breach of these Terms or other Platform policies;
  • any violation of applicable law;
  • the actions or omissions of the Participant while using the Platform or participating in Whims.

10.3. Cooperation in Dispute Resolution

Users agree to cooperate with the Platform in the event of any claims or disputes, including providing necessary information and assisting in their resolution.

11. Interaction with Other Documents

11.1. Part of the Platform’s Legal Framework

These Terms form part of the overall legal framework of the WHIMSCOPE Platform and apply together with other Platform rules and policies.

These Terms do not regulate legal relationships in isolation and must be applied in conjunction with the Platform’s other documents.

11.2. Priority of Documents

In the event of any conflict between these Terms and other Platform documents, the provisions of the document that specifically governs the relevant issue shall prevail, unless otherwise expressly stated in the Terms of Use.

11.3. List of Related Documents

These Terms apply together with, but are not limited to, the following Platform documents:

11.4. Integrity of the Legal Framework

No individual document shall be interpreted in isolation, as all documents together form a unified system of rules governing the use of the WHIMSCOPE Platform.