TERMS OF USE

Introduction

These Terms of Use (or "Terms") govern your use of the WavedIn networking App (the “WavedIn App”), except where we expressly state that separate terms (and not these) apply, and provide information about the WavedIn App.  When you create a WavedIn account or use the WavedIn App, you agree to these terms. These Terms of Use therefore constitute an agreement between you and WavedIn Inc.
 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

WavedIn Networking App

We agree to provide you with the WavedIn App.  The WavedIn App includes products, features, applications, services, technologies, and software to advance WavedIn's mission which is to bring you closer to the people and communities with which you are connected and facilitate the growth of your business and community presence.  We offer you different types of accounts and features that allow you to connect and communicate with people you have met with in person and facilitate connections between you and the people with whom your connections are personally connected.  The WavedIn App limits connections through use of a proximity-based connection system that permits members to connect on the WavedIn App only once they are within a pre-established physical proximity to each other.  This ensures that members know and have personal contact with each of their connections.  Members can then view the first-level connections of persons with whom they have connected on the WavedIn App.  Members can then facilitate connections among their direct connections on agreed terms.  WavedIn provides free access for certain features of the WavedIn App and includes subscription based services for premium features that offer increased functionality. Subscription based features will be added and augmented over time as the WavedIn subscriber base increases and demand for premium features develops, including the posting of text, video and audio information promoting products or services. 

WavedIn Privacy Policy

Providing the WavedIn App requires collecting and using your information.  The WavedIn Privacy Policy explains how we collect, use, and share information. It also explains how you can control your information, including by using WavedIn’s privacy and security settings.  You must agree to the Privacy Policy to use the WavedIn App.

Your Commitments

In return for our commitment to provide the WavedIn App, we require you to make the below commitments to us.

Who Can Use the WavedIn App.  We want our WavedIn networking service App to be as open and inclusive as possible, but we are focused on ensuring that it is safe, secure, and is in accordance with the law, so we need your commitment to the following restrictions in order to be part of the WavedIn community:

• You must be at least 13 years old.
• You must not be prohibited from receiving any aspect of the WavedIn App under applicable laws or engaging in payment related functions through the WavedIn App if you are on an applicable denied party listing.
• We must not have previously disabled your account for violation of law or any of our policies.
• You must not be a convicted sex offender.

How You Can't Use the WavedIn App.  

A safe and secure networking service for a broad community requires that all WavedIn members refrain from certain actions.

• You can't impersonate others or provide inaccurate information.
  You must provide us with accurate and up to date information (including registration information), which may include providing personal data.  You may not impersonate someone or      something you aren't, and you can't create an account for someone else unless you have their express permission.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't violate (or help or encourage others to violate) these Terms or our policies. 
• You can't do anything to interfere with or impair the intended operation of the WavedIn App.
  This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can’t sell, license, or purchase any account or data obtained from us or the WavedIn App.
  This includes attempts to buy, sell, or transfer any aspect of your      account (including your username); solicit, collect, or use login      credentials or badges of other users; or request or collect WavedIn      usernames, passwords, or misappropriate access tokens.
• You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
• You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
  You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent that you own or have obtained all necessary rights to the content you post or share. 
• You can’t modify, translate, create derivative works of, or reverse engineer WavedIn products or their components.
• You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us. 

As part of our agreement, you also give us permissions that we need to provide the WavedIn App.

• We do not claim ownership of your content.

Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the WavedIn App and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the WavedIn App. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with the WavedIn App, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.

• You agree that we can download and install updates to the WavedIn App on your device.

Additional Rights We Retain

· If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

• If you use content covered by intellectual property rights that we have and make available in the WavedIn App (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• You can only use our intellectual property and trademarks or similar marks as expressly permitted by our guidelines or with our prior written permission.
• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

• We can remove any content or information you share on the WavedIn App if we believe that it violates these Terms of Use, our policies (including our guidelines), or we are permitted or required to do so by law.  We can refuse to provide or stop providing all or part of the WavedIn App to you (including terminating or disabling your access to the WavedIn App) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our guidelines) if you repeatedly infringe other people's      intellectual property rights, or where we are permitted or required to do so by law.  We can also terminate or change the WavedIn App, remove or block content or information shared on the WavedIn App, or stop providing all or part of the WavedIn App if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.  If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.  When you request to delete content of your account the deletion process will automatically begin no more than 30 days after your request.  It may take up to 90 days to delete content after the deletion process begins.  While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Privacy Policy.  After content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
• Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

· where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or

· where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or

· where deletion would restrict our ability to:

· investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);

· protect the safety and security of our products, systems, and users;

· comply with a legal obligation, such as the preservation of evidence; or

· comply with a request of a judicial or administrative authority, law enforcement, or a government agency;

• in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
• If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.

Our Agreement and What Happens if We Disagree.

• If you use certain premium subscription-based features offered by the WavedIn App, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement.  For example, if you use payment features, you will be asked to agree to a payment agreement. If any of those terms conflict with this agreement, those other terms will govern.
• If any aspect of this agreement is unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

• WavedIn Inc. can invoke our rights under this agreement in the event of a dispute. Otherwise, this agreement does not give rights to any third parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations can be assigned to others.  For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

• The WavedIn App is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time.  TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• We also don’t control what others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through the WavedIn App.
• Our responsibility for anything that happens on the WavedIn App (also called "liability") is limited as much as the law will allow.  If there is an issue with the WavedIn App, we can't know what all      the possible impacts might be.  You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.  Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the WavedIn App.  You will cooperate as required by us in the defense of any claim.  We reserve 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 our prior written consent.

How We Will Handle Disputes. 

• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms ("claim(s)") must be resolved by arbitration on an individual basis.  Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other WavedIn users.  If there is a final judicial determination that any particular claim (or a      request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
• Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it.  If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration.  The American Arbitration Association will      administer all arbitrations under its Consumer Arbitration Rules.  You and we expressly waive a trial by jury.

The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the WavedIn App or engage with the WavedIn App in unauthorized ways (for example, automated ways).  In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.  You can opt out of this provision within 30 days of the date that you agreed to these Terms.  To opt out, you must send your name, residence address, username, email address or phone number you use for your WavedIn account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: WavedIn Inc.  ATTN: WavedIn Arbitration Opt-out, 3 West Orlando Street, Massapequa, NY 11758.

• Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your WavedIn account, a detailed description of the dispute, and the relief you seek.  Any Notice of Dispute you send to us should be mailed to WavedIn Inc., ATTN: WavedIn Arbitration Filing, 3 West Orlando Street, Massapequa, NY 11758. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your WavedIn account, or other appropriate means.  If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
• The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Southern District of New York or a state court located in New York.  You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
• The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Updating These Terms

We may change the WavedIn App and policies, and we may need to make changes to these Terms so that they accurately reflect the WavedIn App and WavedIn policies.  Unless otherwise required by law, we will notify you (for example, through the WavedIn App) before we make changes to these Terms and give you an opportunity to review them before they go into effect.  Then, if you continue to use the WavedIn App, you will be bound by the updated Terms.  If you do not want to agree to these or any updated Terms, you can delete your account.