Terms of Service
Effective June 14, 2016
There may be times when we offer a special feature or functionality that has its own terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the special feature or functionality control to the extent there is a conflict with these Terms of Service.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND WAGGLE WILL BE RESOLVED BY CONFIDENTIAL, BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. CERTAIN BASIC TERMS
- You must be at least 13 years of age to use the Service. By using the Service, you affirm that you are over the age of 13.
- You may not post violent, nude, discriminatory, unlawful, infringing, hateful or pornographic postings, photos, videos or other content using the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Waggle prohibits the creation of, and you agree that you will not create an account for, anyone other than yourself. You also represent that all information you provide to Waggle upon registration and at all other times will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other users of the Service.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate others and you must not post private or confidential information using the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or using the Service. You must own the Content and it must be original.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website or application so as to falsely imply that it is associated with the Service or Waggle.
- You must not access or use Waggle’s private API by means other than those permitted by Waggle.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users of the Service.
- You must not use domain names or web URLs in your username without prior written consent from Waggle.
- You must not interfere with or disrupt the Service, or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any Waggle page or screen is rendered or displayed in a user's browser or device.
- You must comply with Waggle’s Community Guidelines, as they may be adopted from time to time.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Violation of these Terms of Service may, in Waggle’s sole discretion, result in the termination of your Waggle account. You understand and agree that Waggle cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Waggle, we can stop providing all or part of the Service to you.
- You must not promote, or participate in any multi-level marketing schemes, pyramid schemes, or advertising activities through the Service.
- You must not invade the privacy of any person.
- You must not reproduce, copy, or resell any of the Service, or any Content, unless you are the sole and exclusive owner of that Content.
2. CERTAIN CONDITIONS
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your photos, videos, comments, votes, followers, and all other data may no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service and on other platforms (e.g., if your Content has been re-shared by others).
- Upon termination of your access to the Service, all licenses and other rights granted to you in these Terms of Service will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms of Service ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by sending you an email advising you of the Updated Terms and by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Waggle is not responsible or liable for the conduct of any user. Waggle reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. We advise you to exercise common sense and good judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Waggle does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Waggle is in no way responsible or liable for any such third-party services or features. YOUR COMMUNICATIONS AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following:
- if you use an Application to share information, you are consenting to information about your profile on the Service being shared;
- our use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Waggle has not itself provided such information; and
- our use of an Application is at your own option and risk, and you will hold the Waggle Parties (defined below) harmless for all activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service using automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Waggle's express consent).
3. CERTAIN POLICIES
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that:
- you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service;
- the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, servicemark, and/or other intellectual property rights;
- you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and
- you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
- The Service contains content owned or licensed by Waggle ("Waggle Content"). Waggle Content is protected by copyright, trademark, servicemark, patent, trade secret and other laws, and, as between you and Waggle, Waggle owns and retains all rights in the Waggle Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Waggle Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Waggle Content.
- The Waggle name and logo are trademarks of Waggle, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Waggle. In addition, all page or screen headers, custom graphics, button icons and scripts are copyrights, service marks, trademarks and/or trade dress, or other intellectual property of Waggle, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Waggle.
- Although it is Waggle’s intention for the Service to be generally available, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Waggle reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Waggle, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Waggle encourages you to maintain your own backup of your Content. In other words, Waggle is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Waggle will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- You agree that Waggle is not responsible for, and does not endorse, Content posted on or using the Service. Waggle does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content. In no event is the inclusion of Content within the Service an endorsement of the Content.
- It is Waggle’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested in writing to you and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed, are developing or will develop independently. Accordingly, Waggle does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Waggle is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- In no event will any reference to another third party website or service imply an endorsement, warranty, or guarantee of any kind.
- To report claims of violation of intellectual property rights, please email us at firstname.lastname@example.org
- Access to the Service may require you to use log in information consisting of an email address and a password. During the registration process for the Service, you choose a unique sign-on password to become a user of the Service and gain access to restricted areas of the Service. Only one user can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access to your account and the restricted portions of the Service. By using the Service, you agree to keep your password secret. In particular, you agree to be solely responsible for the confidentiality and use of your password as well as for any use of or communication through the Service when using your password. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason. We are not responsible whatsoever for any issues related to your password.
- Actual or attempted unauthorized use of the Service may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on the Service without notice or permission from you. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Service. We will comply with all court orders involving requests for such information.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Service which allegedly infringes another person’s copyright. If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- 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 work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
- 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 and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
- 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 owner, its agent or the law; and
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.
Email our Copyright Agent at email@example.com and insert the phrase “Copyright Notice” in the subject line.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signatures
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
4. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, WAGGLE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. NEITHER WAGGLE NOR ANY OF ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WAGGLE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
- THE SERVICE;
- THE WAGGLE CONTENT;
- USER CONTENT;
- SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WAGGLE OR USING THE SERVICE. IN ADDITION, THE WAGGLE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE WAGGLE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WAGGLE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WAGGLE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WAGGLE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE WAGGLE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
ANY VIEWS EXPRESSED BY USERS OF THE SERVICE DO NOT NECESSARILY REFLECT OUR VIEWS.
5. LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE WAGGLE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
- THE SERVICE;
- THE WAGGLE CONTENT;
- USER CONTENT;
- YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE;
- ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE WAGGLE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE;
- ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERSHIP;
- ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICE; OR
- ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, MALWARE, RANSOMWARE, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE WAGGLE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE WAGGLE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE WAGGLE PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100). WAGGLE WOULD NOT HAVE PROVIDED THE SERVICE TO YOU BUT FOR THE LIMITATIONS ON LIABILITY INCLUDED IN THESE Terms of Service.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WAGGLE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE WAGGLE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WAGGLE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.“
WAGGLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, MANAGERS, 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.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Waggle’s request), indemnify and hold each of the Waggle Parties harmless from and against any claims, liabilities, damages, losses, and expenses (including but not limited to legal fees and costs) arising out of or in any way related to any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
- your Content or your access to or use of the Service;
- your breach or alleged breach of these Terms of Service;
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you.
You will provide your full cooperation as required by Waggle in the defense of any claim. Waggle reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Waggle.
8. FORCE MAJEURE
In the event of fire, flood, epidemic, earthquake, explosion, accident or other act of God; act of public enemy; act of government, including, without limitation, any governmental order, regulation or order of any court of competent jurisdiction; lockout, strike or other labor dispute; riot or civil commotion; war (whether declared or undeclared) or armed conflict; acts of terrorism; enactment of, rule, or order or act of government or governmental instrumentality (whether federal, provincial, state or local); or other cause of similar or different nature beyond Waggle’s control (all of which events are referred to herein as "force majeure events"), Waggle shall have the right to terminate the Content without further obligations, if any, hereunder, or at Waggle’s sole option, to suspend any Content for a period equal to the duration and the effect of the duration of any such force majeure event.
9. RESERVATION OF RIGHT TO MODIFY
Waggle reserves the right to suspend, modify, alter or terminate the Content if any federal or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in any current enforcement policy affects the legality of the Content, in whole or in part.
Except if we opt-out or for disputes relating to Waggle’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) ("Excluded Disputes"), you agree that all disputes between you and Waggle (whether or not such dispute involves a third party) with regard to your relationship with Waggle, including without limitation, disputes related to this arbitration provision, these Terms of Service, your use of the Service, and/or rights of privacy and/or publicity, will be resolved solely by confidential, binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes in effect at the time of the commencement of the arbitration, and you and Waggle hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Waggle will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Waggle is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. Each party will bear its own attorney’s fees in any arbitration, together with 50% of the arbitrator’s fees. The arbitrator will not have the power to award attorney fees or costs. The arbitration shall be in New York, New York before one (1) arbitrator.
You may not opt out of this agreement to arbitrate.
This arbitration obligation will survive the termination of your relationship with Waggle.
In order to avoid irreparable injury to us, in the event of any breach or threatened breach by you of the provisions of these Terms of Service, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in these Terms of Service shall be construed as prohibiting us from pursuing any other remedies available to us for such breach or threatened breach, including the recovery of monetary damages from you.
11. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Waggle must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
12. GOVERNING LAW AND VENUE
These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. If for some reason the arbitration provisions of these Terms of Service are not applicable, you agree to resolve any dispute you have with Waggle exclusively in a state or federal court located in New York City, New York, and to submit to the personal jurisdiction of the courts located in New York City for the purpose of litigating all such disputes.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. Waggle's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Waggle reserves the right to change provisions of Section 12 or this Section 14, but any such changes will not apply to disputes arising before the effective date of the amendment.
13. TERRITORIAL RESTRICTIONS
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Waggle to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Waggle provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported:
- into (or to a national or resident of) any country to which the United States has embargoed goods; or
- to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
- These Terms of Service constitute the entire agreement between you and Waggle and governs your use of the Service, superseding any prior or contemporaneous agreements between you and Waggle.
- You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Waggle. Any purported assignment or delegation by you without the appropriate prior written consent of Waggle will be null and void. Waggle may assign these Terms of Service or any rights hereunder without your consent.
- If any provision of these Terms of Service is found to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service will remain in full force and effect.
- Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.
- The language in these Terms of Service shall be construed as to its fair meaning and not strictly for or against any party. Any concept, law or rule that any ambiguities in a contract will be construed against the drafter shall not apply for these Terms of Service.
- The effective date of these Terms of Service is June 14, 2016. These Terms of Service were written in English (US). To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.
- The provisions of these Terms of Service will survive any termination of any or all of your use of the Service.
- The parties acknowledge that they have entered into these Terms of Service in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in these Terms of Service will survive and apply even if found to have failed of their essential purpose.