Terms of Service

(Effective May 23, 2014)

PLEASE READ THIS DOCUMENT CAREFULLY

Welcome to this Internet website or application offered in connection with wimZr, LLC (“wimZr”). As used in these terms of use (“Terms of Use”) the singular term “App” includes all websites and all devices or applications that collect personal information from you that we or our successors, parents, subsidiaries, affiliates, and related companies or other companies under a common control that we may have now or in the operate that link to these Terms of Use, web pages within each such website, device or application, and web pages that are associated with each such website, device or application.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE APP. BY DOWNLOADING AND/OR USING THE APP (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE APP AFTER THEY BECOME EFFECTIVE SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THESE TERMS OF SERVICE REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE APP.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the App and the materials and information available on the same.

In addition to these Terms of Use, we have established a Privacy Policyto explain how we collect and use information about you. A copy of this Privacy Policy can be found at https://wimzr.com/privacy-policy/ and is incorporated by reference into these Terms of Use. By downloading or using the App, you are also signifying your acknowledgement and agreement to our Privacy Policy

Who May Use wimZr

You must be at least 18 years old to use the App. Use is void where prohibited. By using the App, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use. If you use the App, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

License to Use wimZr

wimZr, LLC grants you a limited, non-exclusive license to access and use the App for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by wimZr, LLC in writing, you will not:

–       act in a deceptive manner by, among other things, impersonating any person;

–       harass or stalk any other person;

–       take any measures to interfere with or damage the App;

–       remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the App;

–       circumvent, disable or otherwise interfere with security-related features of the App including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the App;

–       collect information about others;

–       express or imply that any statements you make are endorsed by wimZr, LLC, without our specific prior written consent.

–       post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

–       use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the App for any purpose without our express written permission;

–       transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

–       forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

–       collect or harvest any personally identifiable information from the App including, without limitation, user names, passwords, or email addresses;

–       post on the App, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);

–       solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

–       attempt to or interfere with the proper working of the App or impair, overburden, or disable the same;

–       decompile, reverse engineer, or disassemble any portion of any the App;

–       use network-monitoring software to determine architecture of or extract usage data from the App;

–       encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as “Membership” is defined below without permission, etc.);

–       affect us adversely or reflect negatively on us, the App, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the App, or from advertising, linking or becoming a supplier to us in connection with the App;

–       engage in any conduct that restricts or inhibits any other user from using or enjoying the App.

All rights not expressly granted by wimZr, LLC are reserved.  wimZr , LLC, has the right, but not the obligation, to monitor all conduct on and content submitted to the App.

Registration

To use the App, you must register an account using your Facebook login, meaning you are authorizing wimZr to access certain information in your Facebook account, including information about Facebook friends you might share in common with other App users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other wimZr users in your network. We caution to protect your password and contact privacy@wimZr.com if you believe your account has been accessed by an unauthorized person.

Terms and Termination; Account Deletion

This Agreement begins on the date you first use wimZr and continues until terminated in accordance with the provisions hereof.

wimZr, LLC may suspend, disable, or delete your account (or any part thereof) if wimZr, LLC determines that you have violated any provision of these Terms of Use or that your conduct or content would tend to damage wimZr’s reputation or goodwill. If wimZr, LLC deletes your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by wimZr, LLC will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. wimZr, LLC shall not be responsible for the loss of such content.

Disclaimers; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER APP USERS. YOU UNDERSTAND THAT WIMZR CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.  WIMZR, LLC ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WIMZR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. WIMZR, LLC 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.

IN NO EVENT SHALL WIMZR, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE APP OR PERSONS YOU MEET THROUGH THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

wimZr, LLC reserves the right to modify the App. You are responsible for providing your own access to the App. wimZr, LLC has no obligation to screen or monitor any content and does not guarantee that any content available on the App complies with these Terms of Use or is suitable for all users.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WIMZR, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; (7) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED; (8) WARRANTIES THAT WIMZR WILL BE PERMITTED IN YOUR JURISDICTION; (9) WARRANTIES CONCERNING ANY THIRD PARTY’S USE OF CONTENT THAT YOU SUBMIT; (10) WARRANTIES THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE APP OR WILL BE STORED BY THE APP; (11) THAT WIMZR, LLC WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE APP; OR (12) WARRANTIES CONCERNING SITES AND RESOURCES OUTSIDE OF THE APP, EVEN IF LINKED TO FROM THE APP.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the App, and no warranties shall apply after such period.

Advertising

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the App. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

User Content

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the App (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the App. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:

  • violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  • affects us adversely or reflect negatively on us, the App, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the App, or from advertising, linking or becoming a supplier to us in connection with the App;
  • impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
  • encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  • is an advertisement for goods or services or a solicitation of funds;
  • includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • contains a formula, instruction, or advice that could cause harm or injury;
  • results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;”
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • harasses or advocates harassment of another person;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • contains sexually explicit content;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; or
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the App will not be permitted.

By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our Affiliated Companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the App and these Terms of Use.

By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

Advertising

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the App. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

Indemnification

You will indemnify, defend, and hold harmless wimZr, LLC, and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the App; (ii) assert a violation by you of any term of these Terms of Use; or (iii) assert that any content you submitted to the App violates any law or infringes any third party right, including any intellectual property or privacy right.

Third Party Copyrights and Other Rights Copyright Policy

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the accounts of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent may be reached via email at: copyrights@wimzr.com, and via regular mail and facsimile at: Copyright Agent, wimZr, LLC, 7311 Greenhaven Drive, Suite 240, Sacramento, CA 95831, fax number: [__________].

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • 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 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, and information reasonably sufficient to permit us to locate the material, such as a specific URL address.
  • Information reasonably sufficient to permit us to contact you, 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 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.

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:

  • Identification of the copyrighted work that was removed, and the location on this App where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion

General Provisions

These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California. Any legal proceedings against the App or Indemnified Entities that may arise out of, relate to, or be in any way connected with the App or these Terms of Use shall be brought exclusively in a state or federal court in the State of California, County of Sacramento; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the App or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the App generally, unique parts of the App, or both (“Additional Terms”). Any Additional Terms that we may provide to you are hereby incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the App or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the App from time to time for any changes or Additional Terms. Your access and use of any of the App following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the App and, if applicable, terminate your account.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

These Terms of Use (including the Privacy Policy) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.