Welcome to Pathable, RealityAllstarz, Swaggle, or WaggleLabs.com, owned by Waggle Labs, LLC (“Waggle Labs”, "Waggle Labs Services", “we” or “us”). When using the services offered on or through www.Waggle Labs.com (together with any successor site(s), the "Site"), you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Waggle Labs and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the Waggle Labs Services (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at support@Waggle Labs.com. BY COMPLETING THE REGISTRATION PROCESS, OR USING ANY OF PART OF THE WAGGLE LABS SERVICES, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Waggle Labs Services as long as you adhere to these Terms of Service.
Waggle Labs provides users with access to a rich collection of resources, including various event management tools, communications tools, forums, search services, personalized content, and badge printing through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Waggle Labs Services"). These Terms of Service apply to the Waggle Labs Services. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the Waggle Labs Services when first made available through the Site. You also understand and agree that the Waggle Labs Services may include advertisements and that these advertisements are sometimes necessary for Waggle Labs to provide the Service. You also understand and agree that the Waggle Labs Services may include certain communications from Waggle Labs, such as service announcements, administrative messages and the Waggle Labs Newsletter, and that while these communications are considered part of Waggle Labs membership and you may be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Waggle Labs Services, including the release of new Waggle Labs properties, shall be subject to the TERMS OF SERVICE. You understand and agree that the Waggle Labs Services is provided "AS-IS" and that Waggle Labs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Waggle Labs Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Waggle Labs Services.
Use of the Waggle Labs Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
It is Waggle Labs's policy to respect the privacy of its users. Waggle Labs's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Waggle Labs collect from you, and how that information is used is governed by the Waggle Labs Privacy Policy, which you can access here: Privacy Policy
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Waggle Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Waggle Labs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). In order to register with Waggle Labs Services you must supply a valid email address or phone number in the case of a mobile service, which will be used as a unique identifier for your account, your name, and a password. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Waggle Labs Services, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your profile and account settings pages. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Waggle Labs Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the Waggle Labs Services, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Waggle Labs Services, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or profile updates is inaccurate, Waggle Labs reserves the right to terminate your account immediately and your right to use the Waggle Labs Services.
You are required to set up a Profile Page with Waggle Labs Services if you want to post or participate in certain events or groups. Third party access to your profile information is determined by the privacy level you select under your privacy and account settings options. If you elect to display your profile to other users, a link to your profile may be displayed in the person directory, and your profile information will be made publicly accessible. You may also elect for your profile information to be accessible to others only within the current event or group, or you may elect to hide your profile, in which case your profile information will not be displayed to third parties. Event hosts or group moderators may create profile pages for event attendees or group members, speakers, vendors with the permission of event attendee or group member. However event hosts or moderators are required to remove or modify profiles upon request, or provide editorial access to profile page upon request by the entity represented by the profile. Waggle Labs Services does not pre-screen or approve Waggle Labs Profile Pages, and cannot guarantee that a Waggle Labs Profile Page was actually created and is being operated by the individual or entity that is the subject of a Waggle Labs Profile Page. Nor is Waggle Labs responsible for the content of any Profile Page, or any transactions entered into or other actions takein on or in connection with any Profile Page, including how the owner of the Profile Page collects, handles, uses, and/or shares any personal information it may collect from users. You should be careful before providing any personal information or entering into any transaction in connection with a Profile Page.
When you set up a Profile Page, you will have the opportunity of posting a current photograph of yourself. The photograph should be of you, be current, and your face should be clearly visible. We will also accept photographs which show yourself plus another adult person (spouse, family member, etc.), your children, and/or your pet. We will also accept a graphic containing a logo instead of your photograph; provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, or artwork, or obscene or otherwise inappropriate images (as determined by Waggle Labs in its sole discretion). For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Waggle Labs are subject to review and, if deemed by Waggle Labs to violate these Terms of Service or be inappropriate, in its sole discretion, shall be removed. Offensive content is not permitted in any form. If you see any photographs on the Site that do not conform to this policy, please notify us by emailing us at support@Waggle Labs.com.
When you register for Waggle Labs Services, you may be provided with a private mailbox to receive email or mobile text messages from other users who may want to contact you, without you having to disclose your actual email address or phone number or other information. Other users also may send and receive messages without having to disclose their email addresses or phone numbers to you. You may decide to have these inbox messages forwarded to your actual email address, or you may decide to receive messages only within your Waggle Labs mailbox. The Waggle Labs Services will allow you and the people with whom you communicate to save your conversations in your Waggle Labs accounts located on Waggle Labs servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Waggle Labs too. Your agreement to this TERMS OF SERVICE constitutes your consent to allow Waggle Labs to store these communications on its servers. From time to time Waggle Labs will send you notices through the Waggle Labs Services to let you know about important changes to the Waggle Labs Services. Such messages may not be received if you violate this TERMS OF SERVICE by accessing the Service in an unauthorized manner. Your agreement to this TERMS OF SERVICE constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
When you register for Waggle Labs Services and join events or groups, your profile may be listed in the Event or Group person directory. You may also choose to respond to an invitation to an Event or Group without posting your profile information in the person directory. If you choose to hide your profile, your contact information will be seen only by the event or group host or moderator. You may also choose to post your profile in the event directory to be seen by other event or group attendees only. Whether the event directory is public (viewable by anyone) or private to the event (viewable only to those who registered with the event or group) is determined by the event host or group moderator. However, even if the event host or group moderator has decided the make the event’s online directory public, you may still individually hide your profile from either anyone outside the event or group or inside the event or group. You may not hide your profile from the event host or event moderator. Event hosts or group moderators may add your name, picture, or other profile information to their event or group directory as attending the event or participating in the group. In the case the event host or group moderator has added you as attending the event or participating in the group and you are not attending the event or participating in the group or do not wish to have your profile listed in the event or group directory you may notify the host or moderator requesting your information is removed, and if they refuse or neglect to do so notify us by emailing us at support@Waggle Labs.com.
The Waggle Labs Services includes certain services that are available via your mobile phone, including (i) the ability to upload content to Waggle Labs Services via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to Waggle Labs messages (Mobile Texts), (iii) the ability to browse Waggle Labs from your mobile phone (Mobile Web), and (iv) the ability to access certain Waggle Labs features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We may charge for these Mobile Services. In addition, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Waggle Labs and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Waggle Labs grants you a limited license to access and make personal use of this Site and the Waggle Labs Services and not to download (other than page caching) or modify it, or any portion of it, except with Waggle Labs’s express written consent. The foregoing license does not include any resale or commercial use of this Site, the Waggle Labs Services or its contents; any derivative use of this Site, the Waggle Labs Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the Waggle Labs Services or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Waggle Labs’s express written consent. Use of the Waggle Labs Services that constitutes abuse shall be determined by Waggle Labs, in its sole discretion. Waggle Labs reserves the right to terminate your account if Waggle Labs determines you have not complied with these Terms of Service.
You are solely responsible for the Terms of Service, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Waggle Labs Services or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Waggle Labs Services that you did not create or that you do not have permission to post. You understand and agree that the Waggle Labs may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Waggle Lab violates this Agreement or the Waggle Labs Code of Conduct or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Waggle Labs. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Waggle Labs Services an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, print, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Waggle Labs Services may retain archived copies of your User Content. Waggle Labs does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. "Publicly accessible" areas of the Service are those areas of the Waggle Labs network of properties that are intended by Waggle Labs to be available to the general public. By way of example, publicly accessible areas of the Service would include Waggle Labs Message Boards and portions of Waggle Labs Events and Groups, Person Directories, and other services that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Waggle Labs Events or Groups that are limited to members, Waggle Labs Services intended for private communication such as Waggle Labs Messages Inbox or Waggle Labs Bookmarks, or areas off of the Waggle Labs network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Waggle Labs.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Waggle Labs through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Waggle Labs is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Waggle Labs shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Waggle Labs may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Waggle Labs without any obligation of Waggle Labs to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Waggle Labs under any circumstances.
You acknowledge that the Waggle Labs Services may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Waggle Labs Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Waggle Labs Content, taken together, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Waggle Labs Content. Modification of the Waggle Labs Content or use of the Waggle Labs Content for any other purpose, including use of any such Waggle Labs Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Waggle Labs Services, including the Waggle Labs Content. The Waggle Labs names and logos are exclusively licensed to Waggle Labs, including those of Pathable, Swaggle, and RealityAllStarz. All other trademarks appearing on the Waggle Labs Services are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Waggle Labs Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Waggle Labs Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other User Content which are transmitted, posted, or distributed by you through the Waggle Labs Services, including, but not limited to, the contents of your email communications, information, photos or images posted by you to the Site, your Profile Page, in a Public or Private Event or Group invitations, online event or group directories, or related User Content. All User Content posted by you, are your sole responsibility. By posting User Content you represent and warrant that you own all right, title and interest to such User Content and any likenesses contained in such User Content. Waggle Labs does not control the User Content posted by users such as yourself via the Waggle Labs Services and, as such, does not guarantee the accuracy, integrity or quality of such User Content. By using the Waggle Labs Services you understand and agree that you may be exposed to User Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Waggle Labs be liable in any way for any User Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, text-messaged, or otherwise transmitted via the Waggle Labs Services. Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on User Content. The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions. In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Waggle Labs Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK. Your privilege to use the Waggle Labs Services depends on your compliance with the "Community Standards and Conduct" guidelines set forth in these Terms of Service. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Waggle Labs Services for any reason.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not Waggle Labs, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. Waggle Labs does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Waggle Labs Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Waggle Labs be liable in any way for any Usr Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: 1. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 2. use automated scripts to collect information from or otherwise interact with the Service or the Site; 3. use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); 4. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 5. harm minors in any way; 6. impersonate any person or entity, including, but not limited to, a Waggle Labs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 8. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 9. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 10. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; 11. upload, post, email, transmit or otherwise make available 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; 12. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 13. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 14. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 15. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 16. "stalk" or otherwise harass another; and/or 17. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. 18. use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Waggle Labs, or "meta-searching"); 19. use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; 20. damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or 21. resell or redistribute the service, or any part of the service. You acknowledge that Waggle Labs may or may not pre-screen User Content, but that Waggle Labs and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Waggle Labs Services. Without limiting the foregoing, Waggle Labs and its designees shall have the right to remove any Content that violates the TERMS OF SERVICE or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Waggle Labs or submitted to Waggle Labs Services, including without limitation information in Waggle Labs Message Boards, Profiles, and in all other parts of the Service. You acknowledge, consent and agree that Waggle Labs may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Waggle Labs, its users and the public. You understand that the technical processing and transmission of the Waggle Labs Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Waggle Labs Services and software embodied within the Waggle Labs Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Waggle Labs and/or content providers who provide content to the Waggle Labs Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Waggle Labs Services, in whole or in part, is strictly prohibited.
When you register with Waggle Labs Services, you acknowledge that in using Waggle Labs Services to send electronic communications (including but not limited to email, search queries, sending messages to Waggle Labs SMS Text or Waggle Labs Message Groups, uploading photos and files to Waggle Labs Services, and other Internet activities), you will be causing communications to be sent through Waggle Labs's computer networks, portions of which may be located in any state in the United States and portions of which are located abroad. As a result, and also as a result of Waggle Labs's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Waggle Labs prohibits the use of the Waggle Labs Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail or mobile text messaging ("Spam"). You may not use any Waggle Labs Services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Waggle Labs Services or customers. Users must provide specific permission to receive messages through Waggle Labs email or text messaging services. Examples of specific permission to receive email or text messages includes either directly registering for Waggle Labs events and services, registering for an event or service through an affiliate site, or subscribing to a mailing list or newsletter requesting notifications about events or services that are powered by Waggle Labs Services. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you is strictly prohibited by Waggle Labs. In addition, e-mail sent, or caused to be sent, to or through the Services may not: * use or contain invalid or forged headers; * use or contain invalid or non-existent domain names; * employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; * use other means of deceptive addressing; * use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party; * contain false or misleading information in the subject line or otherwise contain false or misleading content; * fail to comply with additional technical standards described below; or * otherwise violate the applicable Terms of Use for the Services. * Waggle Labs does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Waggle Labs Services. Waggle Labs does not permit or authorize others to use the Waggle Labs Services to collect, compile or obtain any information about Waggle Labs’s customers or subscribers, including but not limited to subscriber e-mail addresses. Use of the Waggle Labs Services is also subject to the applicable Privacy Statement and Terms of Use. Waggle Labs does not permit or authorize any attempt to use the Waggle Labs Services in a manner that could damage, disable, overburden or impair any aspect of any of the Waggle Labs Services, or that could interfere with any other party's use and enjoyment of any Waggle Labs Services. If Waggle Labs believes that unauthorized or improper use is being made of any Waggle Labs Services, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Waggle Labs may immediately terminate any account on any Waggle Labs Services which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Waggle Labs Services. Failure to enforce this policy in every instance does not amount to a waiver of Waggle Labs's rights. Unauthorized use of the Waggle Labs Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. If you believe that other users are using the Waggle Labs Services for Spam, please notify Waggle Labs by emailing Waggle Labs at support@Waggle Labs.com.
The Waggle Labs Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.
Third parties other than Waggle Labs and its affiliates operate stores, provide services, advertise, or sell products on this Site. In addition, we provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the Waggle Labs Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Waggle Labs does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that Waggle Labs will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Waggle Labs has no control and which will govern your rights and obligations with respect to the use of those such third party’s product, services or Websites.
Waggle Labs and its affiliates attempt to be as accurate as possible. However, Waggle Labs does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.
Waggle Labs shall not be liable for your interactions with any organizations and/or individuals found on or through the Waggle Labs Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Waggle Labs reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Waggle Labs Services.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Waggle Labs Services, use of the Waggle Labs Services, or access to the Waggle Labs Services.
You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that: * all advertising content is accurate, complete and current; * you have all necessary rights, power and authority to publish the advertising content; * the advertising content, and any web site listed or linked to from the advertising content: o complies with all applicable laws and regulations; o does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; o does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and o does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity. * you possess documents substantiating all claims, express and implied, contained within the advertising content.
Waggle Labs asks that you participate in ensuring that all Users follow the terms and conditions of these Terms of Service by reporting any Private and content, postings or messages that violate these Terms of Service. To report a violation of this Terms of Service, please email us at support@Waggle Labs.com.
You agree to indemnify, defend and hold harmless Waggle Labs, its parent or child Waggle Labs Services, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from your use of the Site and/or the Waggle Labs Services, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Waggle Labs Services, the violation of these Terms of Service by you, the infringement by you (or other user of the Waggle Labs Services using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OR MODERATOR OF ANY EVENT OR GROUP MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT OR GROUP AT ANY TIME FOR ANY REASON. BY USING WAGGLE LABS YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. WAGGLE LABS HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING WAGGLE LABS SERVICES, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR GROUP, OR OTHER WAGGLE LABS ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE WAGGLE LABS FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS WAGGLE LABS, ITS SUBSIDIARIES, AFFILIATES, PARENT WAGGLE LABS SERVICES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS, OR OTHER WAGGLE LABS ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS OR OTHER USERS AT THE EVENTS OR GROUPS SUPPORTED BY WAGGLE LABS SERVICES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WAGGLE LABS SERVICES IS AT YOUR SOLE RISK. THE WAGGLE LABS SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAGGLE LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE WAGGLE LABS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE WAGGLE LABS SERVICES. WAGGLE LABS MAKES NO WARRANTY THAT THE WAGGLE LABS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WAGGLE LABS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WAGGLE LABS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WAGGLE LABS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WAGGLE LABS SERVICES OR THAT DEFECTS IN THE WAGGLE LABS SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT WAGGLE LABS DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE WAGGLE LABS SERVICES, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO WAGGLE LABS FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. WAGGLE LABS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE WAGGLE LABS SERVICES, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE WAGGLE LABS SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE WAGGLE LABS SERVICES. WAGGLE LABS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WAGGLE LABS SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WAGGLE LABS SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAGGLE LABS OR THROUGH THE WAGGLE LABS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WAGGLE LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WAGGLE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE WAGGLE LABS SERVICES; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH WAGGLE LABS OR A THIRD PARTY THROUGH THE USE OF THE WAGGLE LABS SERVICES; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE WAGGLE LABS SERVICES OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT WAGGLE LABS IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE WAGGLE LABS SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Waggle Labs Services, and remove and discard any User Content within the Waggle Labs Services, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Waggle Labs Services, or any part thereof, with or without notice. You agree that any termination of your access to the Waggle Labs Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Waggle Labs Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Waggle Labs Services. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Waggle Labs Services, including, but not limited to (i) restricting the time the Waggle Labs Services are available, (ii) restricting the amount of use of the Waggle Labs Services permitted, and (iii) restricting or terminating any user's right to use the Waggle Labs Services, with or without notice; (b) charge fees in connection with the use of the Waggle Labs Services; (c) modify and/or waive any fees charged in connection with the Waggle Labs Services; and/or (d) offer opportunities to some or all users of the Waggle Labs Services. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Waggle Labs Services, in whole or in part, or of any service, content or feature offered through the Waggle Labs Services.
The Site is controlled and operated by Waggle Labs from the United States, and is not intended to subject Waggle Labs to the laws or jurisdiction of any territory other than that of the United States. Waggle Labs does not represent or warrant that the Waggle Labs Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Waggle Labs may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to Waggle Labs in writing via email or as otherwise expressly provided by Waggle Labs. Waggle Labs may broadcast, distribute or display notices or messages through the Waggle Labs Services to inform you of changes to these Terms of Service, the Waggle Labs Services, the link: Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Waggle Labs. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in King County in the State of Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Waggle Labs Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Waggle Labs to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Waggle Labs may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Waggle Labs's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Waggle Labs relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These Terms of Service will inure to the benefit of Waggle Labs’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waggle Labs respects the intellectual property of others, and we ask our users to do the same. Waggle Labs may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Waggle Labs's Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Waggle Labs's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Waggle Labs Inc. 1216 E John Street Seattle WA 98102 By phone or Fax: (888) 342-7775 By email: support@Waggle Labs.com
If you have a question or complaint regarding the Waggle Labs Services, please send an email to support@Waggle Labs.com. You may also contact us by writing to Waggle Labs, 1216 E John Street, Attention: Customer Service, or by calling us at 888-342-7775.
Waggle Labs reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.