Welcome to Woow!
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND WOOW 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.
The Woow App
We agree to provide you with the Woow App. The App includes all of the Woow products, features, applications, services, technologies, and software that we provide. The App is made up of the following aspects (the Service or App):
- Offering personalized opportunities to create, connect, communicate, discover, and share.
We want to help develop creativity and strengthen relationships through shared experiences you actually care about. In order to do that, we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Woow, based on things you and others do on and off Woow.
- Fostering a positive, inclusive, and safe environment.
We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive. We protect member privacy and have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure and safe. We also may share information about misuse or harmful content with other Woow Companies or law enforcement.
- Developing and using technologies that help us consistently serve our growing community.
Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our App on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our App. Automated technologies also help us ensure the functionality and integrity of our App.
- Ensuring a stable global infrastructure for our App.
We must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by Woow LLC or affiliates.
- Connecting you with brands, products, and services in ways you care about.
We use data from Woow and other Woow Company Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Woow.
The Data Policy
In return for our commitment to provide the App, we require you to make the below commitments to us.
Who Can Use Woow. We want our App to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Woow community.
- You must be at least 13 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services 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 Cannot Use Woow. Providing a safe and open App for a broad community requires that we all do our part.
- You cannot impersonate others or provide inaccurate information.
You don’t have to disclose your identity on Woow, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you are not, and you cannot create an account for someone else without their express permission.
- You cannot do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You cannot violate nor help or encourage others to violate these Terms or our policies, including the Woow Platform Policy.
- You cannot do anything to interfere with or impair the intended operation of the App.
- You cannot 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 cannot attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
- You cannot post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
- You cannot 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 in order to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it.
We do not claim ownership of your content but when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our 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). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
- Permission to use your username, profile picture, Woow designated profile ad space, and information about your relationships and actions with accounts, ads, and sponsored content.
You grant us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Woow, without any compensation to you. You also grant us the right to use designated ad space on your profile.
- You agree that we can download and install updates to the 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).
- Woow reserves the right to use the ad space provided anywhere on the app as Woow sees fit, including on profiles pages. You cannot reject ads from showing after Woow’s approval of said ads.
- Woow reserves the right to cancel, shorten, extend, or adjust the length or terms of any promotion it offers to users and any advertisement that Woow runs through or in regards to the platform at its sole discretion
- Woow reserves the right to deactivate any account suspected fraud and withhold any payments made from Woow to the account.
- If you use content covered by intellectual property rights that we have and make available in our 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.
- You can only use our intellectual property and trademarks or similar marks as expressly permitted with written notice.
- 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
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree
- Your use of content is subject to the respective guidelines (Music, Video, Platform, etc). If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our 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 this 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.
- 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.
- Our App is provided “as is,” and we cannot 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 do not control what people and others do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We are not responsible for services and features offered by other people or companies, even if you access them through our App.
- Our responsibility for anything that happens on the App (also called “liability”) is limited as much as the law will allow. If there is an issue with our App, we cannot 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 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 or Woow (“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 Woow 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 App or engage with the App in unauthorized 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 Woow account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Woow LLC ATTN: Woow Arbitration Opt-out, 600 Broadway Ste 200 #1379, Albany, NY 12207.
- 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 Woow account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Woow LLC ATTN: Woow Arbitration Opt-out, 600 Broadway Ste 200 #1379, Albany, NY 12207. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Woow 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.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, 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 Westchester County or a state court located in Westchester County. 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.
Unsolicited Material. We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our service and policies, and we may need to make changes to these Terms so that they accurately reflect our service and policies. Unless otherwise required by law, we will notify you (for example, through our 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 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.