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Offline Activities Liability Disclaimer

1. General Provisions

1.1. This Offline Activities Liability Disclaimer (hereinafter — the “Disclaimer”) forms an integral part of the Terms of Use and applies to all users of the WHIMSCOPE platform (hereinafter — the “Platform”).

1.2. By accepting this Disclaimer, the User confirms that they have read, understood, and agree to be bound by its terms, as well as by other applicable Platform documents, including but not limited to the Privacy Policy, Community Guidelines, Acceptable Use Policy, Community Safety Policy, and other policies.User-generated content related to offline activities is also governed by the
User Generated Content Policy and the Content Moderation and Enforcement Policy.

1.3. This Disclaimer governs all risks associated with any activities, ideas, events, or interactions between users that:

  • are created, generated, or proposed through the Platform; and/or
  • are organized, coordinated, or carried out by users outside the Platform (offline).

1.4. Use of the Platform, including browsing, creating, publishing, or participating in any activities, constitutes the User’s full and unconditional acceptance of this Disclaimer.

1.5. In the event of any conflict between this Disclaimer and other Platform documents, the provisions of this Disclaimer shall prevail to the extent they relate to offline activities and associated risks.

1.6. If the User does not agree to the terms of this Disclaimer, they must immediately discontinue use of the Platform insofar as it relates to participation in offline activities or interactions with other users outside the Platform.

2. Nature of the Platform

2.1. The User acknowledges and agrees that the WHIMSCOPE Platform does not act as an organizer, coordinator, or participant in any offline activities, events, gatherings, or meetings that arise through or in connection with the Platform.

2.2. The Platform performs only the following functions:

  • generating activity ideas;
  • enabling Users to publish and view such ideas;
  • facilitating interaction between Users within the Platform.

2.3. All activities organized by Users outside the Platform are carried out entirely at the Users’ own risk, and the Platform does not control, verify, or guarantee their safety, legality, or quality.

2.4. No content, feature, or interaction on the Platform shall be construed as an instruction, guarantee, or encouragement to participate in offline activities.

2.5. The User acknowledges that any participation in offline activities related to the Platform is voluntary and undertaken solely at the User’s own risk, regardless of whether such activity was suggested by other Users or by the Platform.

2.6. WHIMSCOPE may moderate Content related to offline activities in accordance with the Content Moderation and Enforcement Policy; however, such moderation does not constitute verification or a guarantee of the safety of such activities.

3. Voluntary Participation and Assumption of Risk

3.1. The User confirms that participation in any offline activities related to the Platform is entirely voluntary.

3.2. The User acknowledges and agrees that participation in such activities involves potential risks, including but not limited to:

  • physical injury or deterioration of health;
  • damage to property;
  • conflicts or unlawful actions by other Users;
  • other unforeseen events or consequences.

3.3. The User confirms that they are solely responsible for assessing their own physical and mental capabilities, as well as their level of preparedness for participation in any specific activity.

3.4. The User acknowledges that the Platform provides no warranties regarding the safety, legality, or quality of any activities, and that all risks are borne entirely by the User.

3.5. The User agrees that their voluntary participation in offline activities constitutes acceptance of all possible consequences, including injuries, material damage, and other losses that may occur during or as a result of such participation.

4. Waiver and Release of Claims

4.1. The User unconditionally, irrevocably, and fully waives any and all claims, lawsuits, or demands against the WHIMSCOPE Platform, its owners, directors, employees, contractors, or partners in connection with any offline activities.

4.2. This waiver applies to any damages or losses, including but not limited to:

  • physical injury or threat to life;
  • property damage;
  • moral or emotional harm;
  • other unforeseen consequences or risks associated with participation in offline activities.

4.3. The User acknowledges that any actions of other Users, activities organized by them, as well as the User’s own participation in such events, occur without the involvement or control of the Platform.

4.4. The User agrees to release the Platform and its affiliated persons from all claims, demands, and liability that may arise directly or indirectly in connection with offline activities, regardless of whether such activities were suggested by other Users or by the Platform.

4.5. This waiver is complete, final, and applies to the fullest extent permitted by applicable law, and shall remain in effect even in cases of negligence, including ordinary negligence or unintentional acts by the Platform.

4.6. To the maximum extent permitted by applicable law, the User agrees that the Platform shall not be liable for any indirect, incidental, special, or punitive damages, including loss of profits, data, or reputation, even if the Platform has been advised of the possibility of such damages.

5. Lack of Platform Control

5.1. The User acknowledges and agrees that the Platform does not control Users’ actions, conduct, intentions, or participation in any offline activities.

5.2. The Platform does not verify or guarantee the accuracy of any information provided by Users, including their identity, reputation, experience, or intentions.

5.3. The Platform does not monitor or control the organization, execution, or course of any offline activities, even if such activities were created or suggested through the Platform.

5.4. The Platform provides no warranties or representations regarding:

  • the safety of any activities;
  • the conduct of other Users;
  • the compliance of activities with applicable laws;
  • the quality, suitability, or outcomes of participation in activities.

5.5. The User shall not rely on the Platform as a source of safety guarantees, User verification, or assessment of risks associated with participation in offline activities.

6. User-to-User Interaction (User-to-User Risk)

6.1. The User acknowledges and agrees that any interaction with other Platform Users, including communication, arrangement of meetings, or participation in joint activities, is undertaken solely at the User’s own risk.

6.2. The Platform shall not be liable for any actions, omissions, or conduct of other Users, including but not limited to:

  • fraud or misrepresentation;
  • unlawful conduct;
  • aggression, violence, or harassment;
  • any other actions that may cause harm.

6.3. The User is solely responsible for verifying the accuracy of information about other Users and for making decisions regarding interaction with them.

6.4. The Platform does not perform identity verification of Users, unless explicitly stated otherwise, and does not guarantee that information provided by Users is accurate, complete, or up to date.

6.5. The User agrees that the Platform is not a party to any agreements, arrangements, or interactions between Users and bears no responsibility for their execution or consequences.

7. Compliance with Applicable Law

7.1. The User undertakes to comply with all applicable laws and regulations when using the Platform, as well as when organizing or participating in any offline activities.

7.2. The User shall not organize, propose, or participate in any activities that violate applicable laws, public order, or the rights of third parties.

7.3. The Platform shall not be liable for any violations of applicable law committed by Users, including actions related to offline activities.

7.4. The User bears full and sole responsibility for the legal consequences of their actions, including any administrative, civil, or criminal liability.

7.5. The Platform reserves the right, but is not obligated, to take action in the event of detected violations, including restricting access to the Platform or reporting information to relevant authorities where required by law.

8. Medical and Physical Risks

8.1. The User confirms that they are in a state of health that allows them to safely participate in selected offline activities and that they have no medical conditions or contraindications that could create a risk to themselves or others, and are not under the influence of any circumstances that may impair their ability to safely participate in such activities.

8.2. The User acknowledges that certain activities may involve increased physical exertion or risk of injury, and independently assesses the appropriateness of their participation in such activities.

8.3. The User agrees that the Platform shall not be liable for any injuries, deterioration of health, or other medical consequences that may occur during or as a result of participation in offline activities.

8.4. The Platform does not provide medical advice or consultations, and any information or activity ideas available on the Platform shall not be construed as medical advice.

8.5. The User is advised, where necessary, to consult a physician or other qualified healthcare professional before participating in activities that may affect their health.

8.6. The User bears full responsibility for any health-related consequences arising out of participation in offline activities.

9. Insurance

9.1. The User acknowledges and agrees that the Platform does not provide any insurance services and does not offer insurance coverage for any risks associated with offline activities.

9.2. The Platform shall not be responsible for the User’s lack of insurance coverage or for any consequences that may arise as a result thereof.

9.3. The User is solely responsible for obtaining and maintaining valid insurance coverage if they consider it necessary for participation in offline activities.

9.4. Any costs related to medical treatment, recovery, compensation for damages, or other consequences arising out of participation in offline activities shall be borne exclusively by the User, unless otherwise expressly provided by applicable law.

10. Indemnification

10.1. The User agrees to indemnify, defend, and hold harmless the WHIMSCOPE Platform, its owners, directors, employees, contractors, and partners from and against any and all claims, demands, lawsuits, damages, losses, costs, or liabilities.

10.2. The User’s indemnification obligation set forth in Clause 10.1 of this Disclaimer applies in the event that such claims or demands arise out of or in connection with:

  • the User’s participation in offline activities;
  • the User’s organization or proposal of activities;
  • the User’s interaction with other Users;
  • the User’s breach of this Disclaimer or other Platform documents;
  • the User’s violation of applicable law or third-party rights.

10.3. The User agrees to reimburse all costs incurred by the Platform in connection with such claims, including but not limited to court costs, legal fees, and other related expenses.

10.4. This indemnification obligation applies regardless of whether the relevant damages were caused directly or indirectly and shall survive termination of the User’s use of the Platform.

11. Jurisdiction and Governing Law

11.1. This Disclaimer, as well as any disputes arising out of or in connection with it or with offline activities related to the Platform, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

11.2. The User agrees that any disputes, claims, or demands arising out of or in connection with this Disclaimer or the use of the Platform shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware, United States.

11.3. The User irrevocably consents to the jurisdiction of such courts and waives any objections to jurisdiction or venue, including any defense based on forum non conveniens.

11.4. To the maximum extent permitted by applicable law, the User agrees that any claims or actions may only be brought on an individual basis and waives any right to participate in class actions or representative proceedings.

12. Acknowledgement of Acceptance

12.1. The User confirms that they have carefully read this Disclaimer, fully understand its content and legal consequences, and agree to all of its terms.

12.2. The User acknowledges that this Disclaimer includes a waiver of certain rights, including the right to bring claims against the Platform in connection with offline activities, and accepts this voluntarily.

12.3. The User confirms that they accept this Disclaimer voluntarily, without any coercion, and at their own discretion.

12.4. The User agrees that acceptance of this Disclaimer may be made electronically, including by clicking a button, selecting a checkbox, or by actual use of the Platform, and shall have the same legal effect as a handwritten signature.

12.5. The User confirms that they have the necessary legal capacity and competence to accept this Disclaimer.

12.6. All Platform policies shall be interpreted in conjunction with one another. In the event of any conflict between documents, the specific document governing the relevant issue shall prevail.