WADJU, INC. (“COMPANY”, “WE” OR “US”) TERMS OF USE
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SITE LOCATED AT WADJU.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WADJU.COM BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES AND THE SERVICES AVAILABLE THEREIN (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”) AND ANY SERVICES AVAILABLE VIA THE SITE OR MOBILE APPLICATION. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE; AND THAT THESE TERMS OF USE HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. REFERENCES TO “YOU” OR “USERS” REFER TO USERS OF THE SITE WHO ARE BROWSING THE SITE OR USING THE MOBILE APPLICATION WITHOUT REGISTERING AS A MEMBER AS WELL AS THOSE USERS WHO HAVE REGISTEED AS A MEMBER OF WADJU.COM (EACH SUCH USER REFERRED TO AS A “MEMBER”). MEMBERS HAVE THE ABILITY TO USE CERTAIN ADDITIONAL FEATURES OF THE SITE AS DETAILED IN THESE TERMS.
Changes.
We may make changes to the content offered on the Site, or discontinue the Site, at any time. We can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and notifying users of the changed Terms. For users who have registered as Members of Wadju.com, we will also notify those users by email of the changed terms using the email that they provided on registration. By using this Site after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
General Use.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.
The Company provides content through the Site that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or Members (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
The parties disavow any desire or intention to create a third party beneficiary agreement and declare that no person, except for the parties and their permitted assigns shall have any rights under these Terms of Use nor any right of enforcement of these Terms of Use. These Terms of Use, the Privacy Policy, and any other legal notices published by The Company on the Site shall constitute the entire agreement between You and the Company concerning the Site.
Mobile Applications.
The Company makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. The Company does not warrant that the Mobile Application will be compatible with your mobile device. The Company hereby grants to you a non exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on an unlimited number of compatible mobile devices owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent permitted by applicable law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third
party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
• You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. (“Apple”).
• Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
• The Company, and not Apple, is solely responsible for our iOS App and the Services and Materials available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that the Company, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
• You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
• You acknowledge that these Terms are between you and the Company only, and not with Google, Inc. (“Google”).
• Your use of the Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App. The Company, and not Google, is solely responsible for the Company’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to the Company’s Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Company’s Android App.
Geo-Location Terms.
The Services include and make use of certain functionality and services provided by third-parties that allow the Company to include maps, geocoding, places and other Content from Google as part of the Services (the “Geo Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo Location Services, you are agreeing to be bound by those Google Terms of Use.
Using the Site and the Services on the Site.
You can simply view the Site and use the Mobile Application. You need not register with the Company to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site that are only available to Members and to post reviews, feedback and other information about experiences that you may want to share with others, you must register for an account and receive a password.
Password Restricted Areas of this Site.
If you desire to become a Member, you must register for an account with the Company by submitting your Facebook Connect information: (name, email address, birth date, gender and location). You will also have the ability to provide additional optional information, such as your Facebook friends list, which is not required to register for an account but may be helpful to the Company in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, the Company administrator shall have the right to approve or reject the requested registration, in the Company administrator’s sole discretion.
Currently, the Company only provides you with the ability to register for an account on the Site using your existing Facebook account and/or Google account and those websites’ respective log-in credentials (the “Third-Party Site Password”). In the future, the Company may provide you with the ability to establish your own Wadju-specific password that will allow you to log-on to the Site using that password (the “Wadju Password”).
You are responsible for maintaining the confidentiality of your Wadju Password and any Third-Party Site Password (collectively, “Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify the Company if any of your Passwords for this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords for this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes on your profile page or contacting the Company using the contact information at the end of these Terms requesting that the Company make the change.
If you register for a “beta account” or other pre-release version of the Site and Materials on the Site (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in the Company’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site that may be offered through the Site. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site to the public. While the Company generally intends to distribute commercial release versions of the Site and Materials on the Site, the Company reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by the Company to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL. THE COMPANY SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
Privacy Policy.
Please review our Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to us. Please go to https://wadju.com/app-privacy-policy/ to review our Privacy Policy.
The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/privacy.html).
Submissions.
If you are a Member, you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein or in our Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. The Company agrees to use any personally identifiable information contained in any of your Submissions in accordance with our Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
Unauthorized Activities.
When using this Site, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). • Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Create more than one account.
• Create another account without our permission, if We have disabled Your account.
• Share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account.
• Assign or transfer Your account or login information to anyone.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.
• Obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part of the Site, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition.
• Facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
• Impersonate or misrepresent any person or entity or Your affiliation with someone else.
• Misrepresent the source, identity, or content of information or works of authorship transmitted through the Site.
• Remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Site. • Collect personally-identifiable information of other users.
• Harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications.
• Solicit other users to join, become members of, or contribute money to any online service or other organization.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain mail, petitions, charity requests, pyramid schemes, or any other form of solicitation.
• Post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site.
• Stalk or otherwise harass any person or entity.
• Harm minors in any way.
• Use any discussion forum on the Site to advertise or perform any commercial solicitation. • Alter the opinions or comments posted by others on this Site.
• Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Proprietary Rights.
Wadju is a trademark of Wadju, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Wadju, Inc. Copyright © 2014. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Site 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, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. 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 the United States.
Intellectual Property Rights and Infringement.
Everything You see, hear, or otherwise experience on this Site, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and international laws and conventions. The Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws.
Content on the Site is provided to You AS IS for Your information and personal, non-commercial use only. For Your personal use, You may view, copy, and print pages of the Site. Otherwise, the Site may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by the Company. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein, nor may You scrape any pages.
The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company to locate the material.
• Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
legal@wadju.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company’s designated agent that includes all of the following information:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
•
Termination of Repeat Infringers
The Company reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy or timeliness of the Materials contained on this Site. The Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other Members.
THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE OR ON ANY SITES OR ONLINE SERVICES LINKED TO THE SITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR OTHERWISE FROM THE COMPANY, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. YOU ACKNOWLEDGE THAT THE COMPANY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF COURSES OR EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
BECAUSE WE DO NOT SUPERVISE OR CONTROL INTERACTIONS AMONG OR BETWEEN USERS, COMPANIES, MEMBERS OF GROUPS, EVENT ORGANIZERS, AND OTHER PERSONS, ORGANIZATIONS, AND COMPANIES, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY INDIVIDUALS AT EVENTS OR ON THE SITE, AND BECAUSE WE DO NOT CONTROL CREDIT CARD COMPANIES OR OTHER PAYMENT PROCESSING COMPANIES, AND BECAUSE WE CANNOT GUARANTEE THE TRUE IDENTITY, AGE, OR NATIONALITY OF USERS OR ADVERTISERS, AND BECAUSE WE HAVE VERY LIMITED CONTROL, IF ANY, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE SITE, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE COMPANY PARTIES (DEFINED BELOW) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, YOUR TRANSACTIONS WITH USERS OF THE SITE, ADVERTISERS, OR OTHER THIRD PARTIES, THE COMPANY’S RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR YOUR ATTENDANCE AT, OR THE ACTIONS OF YOU OR OTHER PERSONS AT, AN EVENT POSTED ON OR LINKED TO THROUGH THE SITE. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
Limitation of Liability.
BY USING THE SITE, YOU EXPRESSLY RELEASE THE COMPANY, ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Site and to read the terms and conditions of use for each other Site or online service that You visit.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
The Company controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. Software and the transmission of applicable technical data, if any, in connection with the Site may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside. If you do not use this Site outside the United States of America, you are responsible for following applicable local laws.
Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. In the event Company does elect to pursue any action pursuant to such ideas, know-how, concepts, or techniques, Company is under no obligation to provide you or any other individual with accreditation therefore.
General.
The Company prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by the Company, may result in immediate termination of your access to this Site without prior notice to you. California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in the County of Los Angeles in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Contact Us.
If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at Legal Department, Wadju, Inc., legal@wadju.com.