Terms of Service

Last Update: March 5, 2023

Please read these Terms of Service (“TOS”) carefully. These TOS govern: (i) your use of (a) Whythetrick’s applications that function either on a web browser, smartphone, tablet and any other form of device (the “Whythetrick Apps”) and (b) Whythetrick’s web domains and subdomains, including without limitation whythetrick.io and whythetrick.com (our “Sites”). We refer to the content and functionality of the Whythetrick Apps and the Sites as our “Service.” As used in these TOS, the “Company”, “Whythetrick”, “we”, “us”, or “our” refer to Whythetrick. “You” and “your” refer to Service users (individually a “User” and collectively “Users”).

If you are under 13 years of age, do not use or provide any information to any part of the Service.

Summary

This summary is provided only for convenience. Please review the TOS below in its entirety for important information, details and specific legal conditions that apply to your use of the Service.

  • The Service allows users to create motion capture-based videos. The Service includes the Whythetrick animation production tool, and other services we may provide from time to time in our sole discretion.
  • These TOS are a legal agreement between you and Whythetrick that govern whether and how you may use the Service. We may change the TOS at any time. Use of the Service is also subject to our Privacy Policy . Additional terms may apply.
  • The Service is not intended for children under the age of 13. If you are under 13, do not use the Service. If you are age 13 or over but under age 18, you may use the Service only with the prior written consent of your parent or legal guardian.
  • The Service is owned by Whythetrick and its licensors. You may only utilize the Service strictly for personal non-commercial use. You may not sell or transfer the Service, or any content or digital items within the Service, to anyone else.
  • You are not allowed to download 3D model, 3D data, program code, and any other property of the Service.
  • You may not copy or modify any Whythetrick intellectual property, except as we expressly allow in these TOS.
  • You will be responsible for all charges relating to the Service. These charges may include costs of Service membership, and/or additional features or content. Although the Apps may be free to download, real-money charges may apply for additional features or content, in-app or otherwise.
  • Amounts paid are non-refundable except as required under local law of your jurisdiction or otherwise set forth in these TOS.
  • You may not post any inappropriate content in or through the Service, or any content that you do not have legal rights to. You agree that Whythetrick may use any content you post for any purpose, including for advertising.
  • We may discontinue or change the Service, including any features of the Service, at any time.
  • Our liability to you relating to the Service is limited. You agree that any disputes will be subject to the jurisdiction of the courts in Tokyo, Japan.

Agreement to these TOS and Future Changes

These TOS are a legal agreement between you and Whythetrick. The Service is licensed, not sold, to you by Whythetrick. We reserve all rights in and to the Service not expressly granted to you under these TOS. We may modify these TOS, at our sole discretion, without your consent, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. You are responsible for checking these TOS each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated TOS.

Terms of Sale

The Service allows users to: (a) utilize the Whythetrick animation production tool (the “WhythetrickTool”) to create motion capture-based videos (“User Video(s)”) based upon raw User video uploaded to the Service. The Service includes the Whythetrick Tool and other services as determined by the Company in its sole discretion. User access to any or all of the foregoing is subject to these TOS and other terms the Company provides to the User in advance.

Membership

Individuals wishing to become authorized users of the Service may apply for free membership here. We may grant or deny an applicant Service membership in our sole discretion. Users agree to immediately notify the Company in the event of a change in their initial registration information. Users shall provide the foregoing notice via email.

When applying for the Service, you must provide information including your name and email address. When ordering goods or services available as part of the Service, you must also provide your mailing address and billing information. You represent and warrant that all information you provide will be accurate and complete, and you will ensure that all of your information on the Service remains current and up to date at all times. We are not responsible for erroneous information, and we have no obligation to independently update or verify any of the foregoing information.

Your membership becomes effective upon completion of registration in accordance with these TOS. You agree to comply with the instructions in our Service Privacy Policy. Whythetrick may: (a) grant or deny any membership application in our sole discretion; or (b) terminate any membership at any time, with both of the foregoing in our sole discretion. Members shall comply with these TOS and applicable law, and not disrupt the Company’s business, interfere with the Service and/or its underlying technology. Failure to comply with the foregoing may be result in termination of User membership in our sole discretion.

Monthly Service Plan

Authorized Users may request to utilize specific services available through the Service by selecting a monthly service plan and making the applicable payment. Service plans will become effective when the Company notifies the User with a written receipt confirmation notice. The Company may accept or reject any Service use application in its sole discretion. The Company may terminate any Service use agreement: (a) in the event of any User violation of these TOS; and/or (b) at any time upon written notice to the User for any reason in the Company’s sole discretion. Prior to termination due to a TOS violation, the Company will give the User an opportunity to explain the circumstances and avoid termination.

User IP License

Any and all intellectual property of any nature that you provide to us for use in connection with the creation, production, and/or distribution of the User Video(s) will be referred to in these TOS as “User IP”. By using the Service, you grant the Company an irrevocable, non-exclusive, fully-paid, royalty-free and worldwide license to: (a) access, review, use, copy, modify, create derivative works of, reproduce and analyze User IP to allow the Company to deliver the Service; (b) process User IP through machine learning, algorithmic optimization, human analysis, and similar approaches; and (c) display and utilize User IP (i) in and as part of your User Video(s), their distribution, exploitation and promotion in all media now known or hereafter created throughout the world, including without limitation the Service, and (ii) in connection with advertising and promoting Whythetrick and/or its business, in all media now known or hereafter created throughout the world.

You represent and warrant that: (d) you have all rights, power and authority (including without limitation rights under applicable information protection, privacy and copyright laws) to make the grants of rights herein and perform all of your obligations under these TOS; (e) the User IP is not illegal, defamatory or pornographic; (f) your posting of the User IP and its use on the Service will comply with and not violate any applicable smart contract(s), other legal or contractual terms or third party rights; and (g) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties.

Service License

Your access to the Service and rights to our proprietary Service are through a license, which is: (a) limited, revocable, personal, non-commercial, non-transferable, non-assignable, non-sublicensable and non-exclusive, and (b) limited to use of the Service on devices that you own or control and as permitted by the terms and conditions applying to your device. These TOS do not permit you to use the Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Service and, if you sell your device to a third party, you must remove the Apps and related information before doing so solely with your responsibility. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of Whythetrick and our licensors. If you breach this restriction, your license under these TOS will automatically terminate without the requirement of notice from Whythetrick, and you may be subject to criminal prosecution and liability for money damages.

User Videos include Whythetrick IP. The Company grants you a limited, revocable, personal, non-exclusive, non-transferable, worldwide license to utilize the Whythetrick IP in and as a part of the User Videos and their distribution in all media.

Except as specifically provided in these TOS, You will not utilize or allow others to utilize Whythetrick IP for commercial purposes including without limitation copying, transmitting, publishing, distributing, broadcasting, streaming or other methods without the prior written consent of the Company in our sole discretion. Notwithstanding the foregoing, posting User Videos on your personal social media channels will not constitute a commercial purpose under these TOS.

These TOS will govern any upgrades provided by Whythetrick that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and Whythetrick. Use of the term “purchase” in these TOS does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.

Intellectual Property Rights

All content included in the Service, including but not limited to all data, software, text, displays, images, video, and audio, graphics, logos, user interfaces, button icons, images, photographs, and digital downloads, but excluding any User IP and User content (“Whythetrick IP”) is owned by Whythetrick or our licensors and protected by Japanese and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Service may include registered and unregistered trademarks owned by or licensed to Whythetrick, which may not be copied, imitated or used, except as expressly set forth in these TOS. You agree that you will not apply for, register, or otherwise use or attempt to use any Whythetrick trademarks or service marks, or any confusingly similar marks, anywhere without our prior written consent in each case, which consent we may withhold in our sole discretion. 

User IP is owned by the applicable User. The Company does not own or have intellectual property liability related to User IP.

Consent to Use of Data

We may ask you to submit personal information in order to use certain features of the Service. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, Whythetrick has the right to suspend or terminate your account and refuse any and all current or future use of the Service by you.

Whythetrick is committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using the Service, you agree to be bound by the Privacy Policy.

You agree that we may collect and use technical data, app usage data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide new applications to you.

Minor Users

The Service is not intended for children under the age of thirteen (13). If you are under thirteen (13) years of age, do not use or provide any information on the Service.

If you are a United States resident age thirteen (13) or over but under age eighteen (18), you may use the Service only with the consent of your parent or legal guardian.

Whythetrick relies upon parents and guardians to determine if the Service is appropriate for viewing or access by persons under the age of eighteen (18). You agree to monitor use of your account by persons younger than the age of eighteen (18). You agree to accept full responsibility for any unauthorized use of your account by persons under the age of eighteen (18), including responsibility for any use of your credit card or other payment instrument.

Additional Information

We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. Whythetrick may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using the Service (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these TOS. In such cases, Whythetrick, in its sole discretion, may (d) revoke any rights granted to you by Whythetrick hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Whythetrick may, in addition to the foregoing penalties, terminate your access to the Service.

User Content

The Service may invite or enable you and other users to create, submit, post, display, import, upload, transmit, use, perform, publish or distribute communications, content and materials by e-mail or through online forums, comments windows or other functionality of the Service or portions thereof, including without limitation your User Video(s) and related metadata. All of the foregoing will be referred to herein as User Content. You will be solely responsible for paying any and all costs associated with your User Content, including without limitation costs related to use of and/or uploading. User Content is subject to the applicable provisions of our Privacy Policy.

Whythetrick has no obligation to accept, display, review, maintain or otherwise exploit any User Content. By posting User Content to the Service, you represent and warrant that: (a) you have all rights (including without limitation rights under applicable information protection, privacy and copyright laws) to do so; (b) such content is not illegal, defamatory or pornographic; (c) your posting of the User Content and its use on the Service will comply with and not violate any applicable smart contract(s), other legal or contractual terms; and (d) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties. User Content is not confidential, and User Content will not be returned to you. You hereby grant to Whythetrick a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose (e) User Content via the Service or by any other means, and (f) your user name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in User Content, regardless of whether User Content is altered or changed in a manner not agreeable to you.

The Service may restrict your ability to share your User Content in the Service. Unless otherwise notified by Whythetrick, however, you may save and share it via third-party apps and sites subject to the terms of those third-party apps and sites and your ongoing compliance with these TOS.

We have no obligation to monitor, verify, correct or remove User Content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any User Content. However, if you believe that any User Content infringes copyright rights held by you, you may contact us at the contact form with the following information and signature:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located in the Service;
  • Your address (including country), telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic signature of the individual authorized to act on behalf of the owner of the copyright interest.

It is Whythetrick’s policy, in appropriate circumstances, to terminate the accounts of Users who are repeat infringers or are repeatedly alleged to have committed infringement.

Third-Party Services

The Service may contain links, login interfaces and other connections to third-party websites and apps. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The terms of service, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service. If you have any questions, concerns or complaints about a third-party service, please contact the support or contact personnel of that third-party service.

Prohibited Conduct

You agree not to: (a) interfere with or disrupt the Service, its servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; (b) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (c) use the Service to violate the law; (d) use the Service to harm minors in any way; (e) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead Whythetrick or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Service for any commercial purpose, (i) use any other user's account for any purpose, including to circumvent a suspension or ban, or allow anyone to use your account; (j) threaten e-commerce, such as by stealing personal information; (k) submit false refund requests; (l) transmit or post content not requested by the Company; (m) infringe third party intellectual property rights; (n) injure the reputation of the company or any third party or interfere with the business of the foregoing; (o) transmit or post obscene or violent messages, images, voices or information against public order and morals; (p) engage in an act prohibited by law or public order and morals against the Company. Whythetrick reserves the right to determine what conduct violates the foregoing restrictions and to take action as a result, which may include termination of your account and exclusion from further participation in the Service.

Notice

The Company will provide notices through the email address provided by the User. General notices to Users will be posted for a minimum of seven (7) days on the Service.

Password and ID Obligations

If you choose, or are provided with, a User ID, password, or any other piece of information as part of our security procedures, you will treat such information as confidential, and you will not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person access to the Service or any part of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation any violation of these TOS.

Changes, Suspension or Termination of the Service

We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance. You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service. This may occur, for example, when we are conducting regular or emergency maintenance on the Service.

Your license to use the Service is effective until terminated by you or Whythetrick. Your rights under these TOS will terminate automatically without notice from Whythetrick if you violate any terms listed in these TOS regardless of whether the violation is by you personally or on your behalf. Whythetrick may terminate your rights under these TOS if: (a) you provide false information in connection with your membership application; (b) you provide access to your membership account to a third party; (c) you do not pay amounts due to Whythetrick under these TOS in a timely manner; (d) you interfere with other users or the Service; (e) violate these TOS; and (f) violate any law or regulation related to the Company and/or its business.

If a User commits any of the foregoing violations, the Company will notify the User and give the User the opportunity to provide an explanation; the Company may also restrict or suspend the User’s membership for thirty (30) days. If the prohibited conduct is not corrected within the foregoing period, the Company may terminate the User’s membership. Upon termination of User membership, the User will cease all use of the Service and delete all copies of the Service.

Users may, as the result of termination, lose their Service account(s) and all information and associated data. Users will not be entitled to any refund, reimbursement or other liability as a result of any cancellation or termination permitted under these TOS for any reason, whether by the User or Whythetrick. Whythetrick reserves the right to refuse to keep accounts for or provide access to the Service to anyone.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Whythetrick HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO Whythetrick PARTY WARRANTS THAT THE SERVICE, NFTs, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Whythetrick DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Whythetrick OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL Whythetrick BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Whythetrick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You are responsible for damages incurred by Whythetrick and our affiliates as a result of your use of the Service and agree to defend, indemnify and hold harmless Whythetrick and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Service and any breach of these TOS, the Privacy Policy or any other policies posted on the Service from time to time.

No Support

You agree that we have no obligation to provide support relating to the Service. We may provide limited support to users who contact us via the “Communications” section of these TOS below; however, we may discontinue such support at any time. You agree that the Whythetrick Apps and Sites may automatically download and install updates, upgrades and additional features that Whythetrick deems reasonable, beneficial to you and/or reasonably necessary.

Export

You may not use or otherwise export or re-export the Service except as authorized by Japanese law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users

The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users: (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of Japan.

Communications

All services hereunder are offered by Whythetrick USA INC., which may be reached via contact form. You agree that Whythetrick may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.

Governing Law, Jurisdiction and Venue

Except as otherwise required by law, Japanese law governs these TOS and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You hereby agree to personal jurisdiction by and venue in the courts of Tokyo Japan, for all disputes in connection with these TOS or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these TOS or to any dispute or transaction arising out of these TOS.

Severability

If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.

Delay in Enforcement

No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.

Complete Agreement

These TOS, the Privacy Policy, and any other policies posted in the Service from time to time, constitute the complete agreement between you and Whythetrick with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Whythetrick.