Our
Terms and Agreement

WhatIfYouWereMe.com

Terms of Use Agreement

Last revised August, 2018

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. 

Welcome to WhatIfYouWereMe.com.  For purposes of this Agreement, “WhatIfYouWereMe.com” is defined to include Alohas, Inc., its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, distributors, affiliates, advertisers, and/or promoters, as well as any references to “us,” “we,” and “our.”

By using the WhatIfYouWereMe.com Website (the “Website”), you agree to be bound by these Terms of Use (the “Agreement”), whether or not you register as a member of WhatIfYouWereMe.com (“Member”) or make use of the WhatIfYouWereMe.com service (the “Service”).  Please read these Terms of Use.  If you object to anything in this Agreement or the WhatIfYouWereMe.com Privacy Policy, do not use the Website or the Service.

  1. Acceptance of Terms of Use Agreement.
    1. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the the Service. This Agreement may be modified by WhatIfYouWereMe.com from time to time, such modifications to be effective upon posting by WhatIfYouWereMe.com on the Website. This Agreement includes WhatIfYouWereMe.com's Acceptable Use Policy for Content Posted on the Website, WhatIfYouWereMe.com's Privacy Policy, WhatIfYouWereMe.com's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
    2. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
    3. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us.
    4. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
      1. Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Website or the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
    5. Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us.
      1. Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
    6. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
  2. Eligibility.

You must be at least eighteen (18) years of age to register as a member of WhatIfYouWereMe.com or use the Website or the Service.  Membership in the Website or the Service is void where prohibited. By using the Website or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

  1. Membership and Subscription.

You may become a Member of the Website or the Service at no cost. As a Member, you will have the ability to participate in all of the features and services available within the Website or the Service.

      Mobile and Other Devices

1.         We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

2.         In the event you change or deactivate your mobile telephone number, you will update your account information on WhatIfYouWereMe.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

3.         You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on WhatIfYouWereMe.com.

  1. Term.

This Agreement will remain in full force and effect while you use the Website, the Website or the Service, and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Resign pages in “Account Settings” on your profile page, or you may Contact Us.  WhatIfYouWereMe.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to WhatIfYouWereMe.com. All decisions regarding the termination of accounts shall be made in the sole discretion of WhatIfYouWereMe.com. WhatIfYouWereMe.com is not required to provide you notice prior to terminating your membership and/or subscription. WhatIfYouWereMe.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

  1. Non-commercial Use by Members.

The Website is for the personal, entertainment use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Website or the Service for any purpose. Illegal and/or unauthorized uses of the Website or the Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website or the Service is with the permission of WhatIfYouWereMe.com, which may be revoked at any time, for any reason, in WhatIfYouWereMe.com's sole discretion.

  1. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify WhatIfYouWereMe.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WhatIfYouWereMe.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

  1. YOUR INTERACTIONS WITH OTHER MEMBERS/DISCLAIMERS
    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WHATIFYOUWEREME.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. WHATIFYOUWEREME.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. WHATIFYOUWEREME.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, POSTINGS, COMMENTS AND ANY OTHER SUBMISSIONS MADE BY ITS MEMBERS. WHATIFYOUWEREME.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
    2. WHATIFYOUWERME.COM AND THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY, AND YOU USE THE WEBSITE AND THE SERVICE AT YOUR OWN RISK.  IN NO EVENT SHALL WHATIFYOUWEREME.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE WEBSITE OR THE SERVICE, COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEBISTE OR SERVICE, OR PERSONS YOU MEET THROUGH THIS WEBSITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE WEBSITE OR THE SERVICE.  YOU UNDERSTAND THAT WHATIFYOUWEREME.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE ADVICE, INQUIRIES, POSTINGS, OR COMMENTS YOU GIVE OR RECEIVE.  YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) ON THE WEBSITE OR TO OTHER MEMBERS.
    3. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE WEBSITE OR THE SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE OR THE SERVICE. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE WEBSITE OR THE SERVICE. WHATIFYOUWEREME.COM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL WHATIFYOUWEREME.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE OR SERVICE, WHETHER ONLINE OR OFFLINE. THE WEBSITE OR THE SERVICE ARE PROVIDED “AS-IS” AND WHATIFYOUWEREME.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHATIFYOUWEREME.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE SERVICE.
    4. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. WHATIFYOUWEREME.COM MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
    5. WE TRY TO KEEP WHATIFYOUWEREME.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WHATIFYOUWEREME.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WHATIFYOUWEREME.COM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT WHATIFYOUWEREME.COM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE WHATIFYOUWEREME.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
  2. Content on WhatIfYouWereMe.com.
    1. Proprietary Rights.

WhatIfYouWereMe.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of WhatIfYouWereMe.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

    1. RELIANCE ON CONTENT, ADVICE, ETC.

OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE WEBITE OR THE SERVICE, BUT NOT DIRECTLY BY WHATIFYOUWEREME.COM, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. WHATIFYOUWEREME.COM DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE OR THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WHATIFYOUWEREME.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY MEMBERS.

3.   About Advertisements and Other Commercial Content Served or Enhanced by WhatIfYouWereMe.com

WhatIfYouWereMe.com’s goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:

We do not give your content or information to advertisers without your consent.

      You understand that we may not always identify paid services and communications as such.

  1. Content Posted by You on WhatIfYouWereMe.com.
    1. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Website or the Service, or transmit to other Members. You will not post on the Website or the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to WhatIfYouWereMe.com or to any other Member. If information provided to WhatIfYouWereMe.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify WhatIfYouWereMe.com and/or the Member that such information is inaccurate, misleading or false, and will correct the information as soon as practicable.
    2. You understand and agree that WhatIfYouWereMe.com may review and delete any and all content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of WhatIfYouWereMe.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
    3. By posting Content to any public area of WhatIfYouWereMe.com, you automatically grant, and you represent and warrant that you have the right to grant, to WhatIfYouWereMe.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by WhatIfYouWereMe.com will not infringe or violate the rights of any third party.
    4. The following is a partial list, that is, some, but not all, of the kind of Content that is illegal or prohibited on the Website. WhatIfYouWereMe.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website or the Service and terminating the membership of such violators without refund. It includes, but is not limited to, Content that:

§  is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

§  harasses or advocates harassment of another person;

§  involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

§  promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

§  promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

§  contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

§  provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

§  provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

§  solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or

§  engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

                       Your use of the Website or the Service, including but not limited to the Content you post on the Website or the Service, must be in accordance with any and all applicable laws and regulations.

                       You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

                       You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website or the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although WhatIfYouWereMe.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

                       All information you include in your Member profile must be accurate, current and complete.

10. Prohibited Activities.

WhatIfYouWereMe.com reserves the right to investigate and terminate your membership if you have misused the Website or the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website or the Service:

o    You will not impersonate any person or entity.

o    You will not provide any false personal information on WhatIfYouWereMe.com, or create an account for anyone other than yourself without permission.

o    You will not create more than one personal account.

o    If we disable your account, you will not create another one without our permission.

o    You will not use WhatIfYouWereMe.com if you are under eighteen (18).

o    You will not use WhatIfYouWereMe.com if you are a convicted sex offender.

o    You will not “stalk” or otherwise harass any person.

o    You will not express or imply that any statements you make are endorsed by WhatIfYouWereMe.com without our specific prior written consent.

o    You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Service or its contents.

o    You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

o    You will not remove any copyright, trademark or other proprietary rights notices contained in the Website or the Service.

o    You will not interfere with or disrupt the Website or the Services or the site or the servers or networks connected to the Website or the Services or the site.

o    You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

o    You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website or the Service.