Terms of Service

Age Requirements

You must be at least 18 years old to use our services. If you are between 13 and 18 years old, you may only use our services with parental or guardian consent and supervision. We do not knowingly collect information from children under 13.

1. SMS Messaging Terms

By subscribing to our SMS service, you agree to the following terms:

• You consent to receive recurring automated marketing messages at the phone number provided
• You may receive approximately 1-2 messages per week, though frequency may vary
• Message and data rates may apply according to your mobile carrier's rates
• You can unsubscribe at any time by replying STOP to any message
• Reply HELP for help or contact us for support
• Consent is not a condition of any purchase
• Carriers are not liable for delayed or undelivered messages
• We may use autodialed or prerecorded messages

By providing your phone number, you represent that you are the account holder or have the account holder's permission to subscribe.

2. Acceptable Use Policy

When using our services, you agree not to:

• Use our services for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Collect or harvest user information without consent
• Impersonate others or provide false information
• Disable or circumvent any security or authentication measures
• Manipulate identifiers to disguise your identity or the origin of your actions

3. Prohibited Activities

The following activities are strictly prohibited:

• Sharing access to your subscription
• Republishing our content without permission
• Using our service for spam or harassment
• Attempting to manipulate our systems or data
• Using automated systems or software to extract data from our website (scraping)
• Interfering with or blocking our tracking or analytics systems
• Creating multiple accounts for abusive or fraudulent purposes

4. Data Collection and Tracking

By using our service, you acknowledge and consent to our data collection and tracking practices as detailed in our Privacy Policy. This includes:

• Collection of usage data through cookies and similar technologies
• Tracking of page views and content interactions
• Analytics processing to improve our services
• Storage of user preferences and settings

You may adjust your browser settings to reject cookies, but this may affect your ability to use certain features of our service. For more information on our data practices, please refer to our Privacy Policy.

5. Disclaimers

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

• Accuracy or completeness of content
• Availability or uninterrupted service
• Fitness for a particular purpose
• Freedom from viruses or other harmful components
• Reliability or consistency of tracking and analytics features

6. Limitation of Liability

To the maximum extent permitted by law, What's Happenin' shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Any damages resulting from service interruptions
• Actions of third parties or external events
• Inaccuracies or issues with analytics or tracking data
• Decisions made based on our content or recommendations

7. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

We will make reasonable efforts to notify users of significant changes through our website or email communications. However, it is your responsibility to review these Terms periodically.

8. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters or acts of God
• Government actions or regulations
• Network or system outages
• Civil unrest or acts of terrorism
• Failures of third-party service providers

9. User Accounts and Subscriptions

When creating an account or subscribing to our services, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account
• Not share your subscription access with others
• Not create multiple accounts for fraudulent purposes

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

10. Intellectual Property Rights

All content on What's Happenin', including text, graphics, logos, images, audio clips, and software, is the property of What's Happenin' or its content suppliers and is protected by copyright and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our service without our prior written consent, except for:

• Personal, non-commercial use
• Sharing links to our content on social media
• Uses explicitly permitted in these Terms

Any content you submit to us (including feedback, suggestions, or ideas) becomes our property, and you grant us a perpetual, irrevocable, worldwide license to use such content for any purpose.

11. Games and Contests

Participation in our games, trivia, and contests is subject to the following terms:

• You must be a valid subscriber to participate
• One entry per person unless otherwise specified
• No automated play or use of bots is permitted
• Prizes have no cash value unless specified
• We reserve the right to disqualify participants who violate rules
• Winners may be required to provide additional verification
• By participating, you consent to the use of your name for promotional purposes

12. Partner Portal Terms

If you are a business partner with access to our Partner Portal, you additionally agree to:

• Use the portal only for legitimate business purposes
• Maintain the confidentiality of analytics and performance data
• Not share or sell access to the portal
• Not use data for competitive purposes
• Comply with all applicable advertising standards

13. Partner Landing Pages and Lead Generation

When you submit information through partner landing pages on our platform:

• You consent to your information being shared with the specific partner whose landing page you are visiting
• You understand that the partner may contact you directly regarding your inquiry
• Your information will be handled in accordance with both our Privacy Policy and the partner's privacy practices
• You acknowledge that partners are independent businesses and we are not responsible for their actions or services
• You consent to receiving communications from partners related to your submission
• You may opt out of partner communications by contacting them directly

Partners who use our lead generation services agree to:

• Use collected information only for legitimate business purposes
• Comply with all applicable privacy and data protection laws
• Respond to user inquiries in a timely and professional manner
• Not sell or share user information with third parties without consent
• Honor user requests to opt out of communications

14. Termination

Either party may terminate these Terms at any time:

• You may cancel your subscription or delete your account at any time
• We may terminate or suspend your access immediately, without prior notice, for any breach of these Terms
• Upon termination, your right to use our services will cease immediately
• All provisions that by their nature should survive termination shall survive

15. Indemnification

You agree to indemnify, defend, and hold harmless What's Happenin', its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

We encourage you to contact us at [email protected] to resolve any disputes informally. If necessary, disputes will be resolved through binding arbitration in Colorado.

You waive any right to a jury trial or to participate in a class action lawsuit. Claims must be brought individually.

17. General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver. These Terms constitute the entire agreement between you and What's Happenin' regarding our services.

Contact Information

Questions about these Terms of Service should be sent to us at [email protected]