June 2, 2016
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Wedly WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2 Basic Terms
2 You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. You must not defame, stalk, catfish, bully, abuse, harass, threaten, impersonate or intimidate any person or business. You must not solicit money from any users, express or imply that any statements you make are endorsed by Wedly without our specific prior written consent, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software), “frame” or “mirror” any part of the Service, without the Company's prior written authorization, use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so, post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
3 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. You agree that you will not create an account for anyone other than yourself (e.g., “Catfish”) or allow any accounts to be created or accessed by automated means. You also represent that all information you provide or provided to Wedly upon registration and at all other times is true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4 You are solely responsible for your interactions with other users. You understand that Wedly currently does not conduct criminal background checks or screenings on its users. Wedly also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. Wedly makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. Wedly reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
6 You agree that you are solely responsible for taking reasonable safety precautions if you elect to communicate off the Service or meet in person. By way of example and not an exhaustive list of steps you should take, you should always meet in public, attend any public meeting with members of your Wedly, tell a friend or family member about your plans, and drive yourself to and from the first meeting.
7 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 via the Service.
8 You agree that you will not solicit, collect or use the login credentials of other Wedly users and that you are responsible for keeping your password secure.
9 For your own privacy and protection, you should not post personal or confidential information via the Service, including 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. Wedly will not be responsible for the security and protection of such personal information that you voluntarily post and, therefore, make public.
10 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.
11 You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Wedly.
12 You must not use brands, trademarks, copyrighted information, domain names or web URLs in your username or profile without prior written consent from Wedly.
13 You must not use the Service for any business or commercial endeavor without Wedly’s prior written consent, including but not limited to the creation of any native advertising or marketing profiles. Notwithstanding this prohibition, Wedly welcomes the opportunity to discuss potential advertising or marketing with organizations, companies, and/or businesses, although any such coordination requires Wedly’s prior written consent. Without consent any such username or profile is prohibited.
14 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 may not alter or interfere with the way any Wedly content is rendered or displayed in a user's browser or device.
3 General Conditions
1 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. You can deactivate your account by sending an email to firstname.lastname@example.org and placing “Service Deactivation” in the subject line. Wedly will then take the appropriate steps to terminate your service within 48 hours. If we terminate your access to the Service or you request deactivation of your account, your photos, comments, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service (e.g., on your group pages).
4 We reserve the right to refuse access to the Service to anyone for any reason at any time.
5 We reserve the right to force forfeiture of any username for any reason.
7 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Wedly is not responsible or liable for the conduct of any user and reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Specifically, you agree that Wedly is not responsible or liable for any property damage, privacy right or bodily or personal injury caused by any User.
8 The Service, and communications you receive from the Service, may contain links to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. You understand and acknowledge and agree that Wedly is not responsible or liable for any such third-parties.
9 You agree that you are responsible for all data charges you incur through use of the Service.
2 Some of the Service may be supported by advertising revenue which may include the display of advertisements and promotions. You hereby agree that Wedly may place such advertising and promotions on the Service or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3 You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
5 The Service contains content owned or licensed by Wedly ("Wedly Content") which is protected by copyright, trademark, patent, trade secret and other laws. As between you and Wedly, Wedly owns and retains all rights in the Wedly Content and the Service. You agree that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Wedly 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 Wedly Content.
6 The Wedly name and logo are trademarks of Wedly, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wedly. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Wedly, and may not be copied, imitated or used, in whole or in part, without prior written permission from Wedly.
7 As with any online service, there may be occasions when the Service is interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. While Wedly will make all reasonable attempts to restore service in a timely fashion, it does not maintain a backup service for its Users and you agree that you will not rely on the Service for the purposes of Content backup or storage. Wedly will not be liable for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
8 Similarly, you acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9 Wedly reserves the right, but is not obligated, to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Wedly, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order
10 Wedly will not to accept or consider content, information, ideas, suggestions or other materials other than those specifically requested and to which certain specific terms, conditions and requirements may apply. We do not accept unsolicited materials or ideas, and take 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 Wedly is free to use any such content, information, ideas, 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.
5 Reporting Copyright and Other IP Violations
1 To report claims of intellectual property infringement, please contact us at 1-888-606-2646 www.wed.ly
2 If you repeatedly infringe other people's intellectual property rights, we will disable your account and remove the offending Content when appropriate.
6 Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, Wedly CONTENT, IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMISSIBLE BY LAW, NEITHER Wedly NOR ITS PARENT, SUBSIDIARIES, INVESTORS, AFFILIATES, PARTNERS NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Wedly PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Wedly CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR VIA THE SERVICE. IN ADDITION, THE Wedly 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 Wedly 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.
7 Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE Wedly 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: (A) THE SERVICE; (B) THE Wedly CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Wedly PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) 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, 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 Wedly 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 Wedly PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO 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 Wedly PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Wedly'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 Wedly PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Wedly PARTIES.
Wedly IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE Wedly PARTIES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Wedly can require the other to participate in an arbitration proceeding. To opt out, you must notify Wedly in writing within 30 days of the date that you first became subject to this arbitration provision. You must direct any opt out communication via first class mail to the following:
Cobalt Business Counsel · 330 Bay Street Suite 820 · Toronto, Ontario M5H 2S8 · Canada
You must include your name and residence address, the email address you use for your Wedly account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Wedly.
10 Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Wedly must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
11 Governing Law & Venue
12 Entire Agreement
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 Wedly 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 we provide.
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: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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.