Effective June 14, 2016
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.
- 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).
- 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.
- 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:
- 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
- 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.
- 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 agreeer third party website or service imply an endorsement, warranty, or guarantee of any kind.
- 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 email@example.com
- 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 firstname.lastname@example.org 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
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 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.
You may not opt out of this agreement to arbitrate.
This arbitration obligation will survive the termination of your relationship with Waggle.
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
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.