If you do not agree with any of these terms, you are prohibited from using or accessing the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Facial Recognition Technology
Changes to Terms or Service
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Who May Use the Service
You may use the Service only if you are 13 years of age or older and are not barred from using the Service under applicable law.
Registration and Your Information
If you want to use certain features of the Service you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Twilio Short & Long Code Terms of Service
- When you provide your phone number opt-in to the service, we will send you an SMS message to confirm your signup.
- By providing your phone number, you agree that we may send you SMS messages in response to SMS messages you send to us, such as when you send a reference image or code to us by SMS. In addition, by registering to use the service, you agree to receive SMS messages sent using an automatic telephone dialing system to inform you of the following: opportunities to join or create albums relevant to you; new photos added to your albums; comments, or reactions added to your photos; new matching photos or links to them based on a code you sent us, your location and proximity to photos taken; or invitations from other users of the Service
- You can cancel the SMS service at any time. Just text “STOP” to (512) 337-4563. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
- If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to (512)337-4563. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive periodic messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For all questions about the services provided by this short code, you can send an email to email@example.com.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. Any Feedback you provide which is incorporated into the Service, you agree is subject to a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to the Company.
Content and Content Rights
For purposes of these Terms: (a) “Content” means text, graphics, photos (including reference images), data (including feedback on proposed photo matches), images, music, software, audio, video, works of authorship of any kind, personally identifiable information, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Service. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Waldo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Waldo and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
Rights in User Content Granted by You
By making any User Content available through the Service you hereby grant to Waldo and the Owner of any gallery you submit your User Content to a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating, marketing, and providing the Service. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Waldo on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as photos, posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Waldo
Subject to your compliance with these Terms, Waldo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, print, and display one copy of the Content solely in connection with your permitted use of the Service and solely for your personal, non-commercial purposes.
Fees for Services
You agree to pay Waldo any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your [account management] page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
All Wedding galleries purchased will include up to 100GB of storage, valid for up to 2 years. At the end of the term, the user can either sign up for a Plus, Premium or Pro subscription or opt to pay for storage individually.
Plus & Premium Subscription Terms
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription.
Your use of Subscription Services is governed by these Subscription Terms, which are described in further detail below. The following points are particularly important:
- Plus and Premium Subscriptions automatically renew until cancelled.
- You may cancel your Subscription Service at any time by following these instructions in our Help Center, all subject to the terms below.
- Cancellation will cease auto-renewal of Subscriptions, but Subscription Fees are non-refundable except where required by law.
- The Access Period and cost of the Subscription Service you purchase are disclosed prior to purchase.
- If you purchase a Subscription through an External Service, such as Apple, you must use the tools made available by those services to manage and/or cancel your Subscription.
- In most cases, Trial redemption requires you to provide us with a payment method that will be charged for a Subscription for the Access Period you elected at Trial redemption once the Trial Access Period expires. If you do not want a Subscription following the expiration of a Trial, follow these instructions in our Help Center to cancel your Subscription or contact Support before your Trial Access Period expires.
- Offers may be subject to additional limitations, which are generally presented to you at the time of offer receipt.
If you are not willing to be bound by these Subscription Terms, you should not purchase or use a Subscription Product, and you may not access or otherwise use any portion of the Subscription Services.
Pro Subscription Terms
Unless otherwise stated, you are responsible for any taxes or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Waldo for the Services without any reduction for Taxes. If Waldo is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Waldo with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to Waldo, you must provide Waldo with an official tax receipt or other appropriate documentation to support such payments. If you use the Services to sell photographs or other services and are obligated, or elect, to collect Taxes from customers, including sales and use tax, on the Waldo platform you are responsible for all requirements, including registration, filing, and remittance to all applicable taxing authorities.
Waldo may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Waldo will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
For Services with attendee limits, if the number of users which join an album exceed the limit for the Service initially purchased, Waldo will bill you, and you will owe, the amount for the appropriate package in which the total users who joined the album does not exceed the package attendee limit (“Overage fees”). The amount paid for the Service initially purchased will be credited against the cost of the appropriate package. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service. Any outstanding overage fees not paid will have late fees added, at a rate up to the statutory maximum.
Rights and Terms for Apps
Rights in App Granted by Waldo
Subject to your compliance with these Terms, Waldo grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Waldo reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
- These Terms are concluded between you and Waldo, and not with App Provider, and that, as between Waldo and the App Provider, Waldo is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Waldo.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Waldo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
General Prohibitions and Waldo’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Service or any individual element within the Service, Waldo’s name, any Waldo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Waldo’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Waldo’s computer systems, or the technical delivery systems of Waldo’s providers;
- Attempt to probe, scan or test the vulnerability of any Waldo system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Waldo or any of Waldo’s providers or any other third party (including another user) to protect the Service or Content;
- Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Waldo or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Waldo trademark, logo URL or product name without Waldo’s express written consent;
- Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity; specifically, you shall not submit a reference image which is not you and if you are a parent or legal guardian of a minor and choose to add reference images or photos in the Child Profile section of the app you shall only add faces which are your minor children or minors for whom you are their parent or legal guardian;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Waldo respects copyright law and expects its users to do the same. It is Waldo’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Waldo’s Copyright Policy for further information.
We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Service or your Account, the following provisions will survive: Feedback, Rights in User Content Granted by You, General Prohibitions and Waldo’s Enforcement Rights, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, and Dispute Resolution
THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WALDO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Further, Waldo does not warrant that the Service will meet your requirements or be available on an uninterrupted, secure or error-free basis. Waldo makes no warranty concerning the quality, accuracy, timeliness, truthfulness, completeness, likely results, or reliability of the Service or Content.
You will indemnify and hold harmless Waldo and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Service or Content, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability
IN NO EVENT SHALL WALDO OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOST PROFITS, COMPUTER DAMAGE, SERVICE INTERRUPTION, SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WALDO HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WALDO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WALDO FOR USE OF THE SERVICE
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALDO AND YOU.
Links to Third Party Websites or Resources
The Service and App may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. Waldo has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Waldo of the site. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
Mobile and Other Devices
Waldo currently provides our App and Service for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your Account information on Waldo within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Interpretation of these Terms and any claim relating thereto shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. This Dispute Resolution section shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
Agreement to Arbitrate
You and Waldo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (b), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Waldo with written notice of your desire to do so by email at firstname.lastname@example.org within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Waldo with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Waldo with an Arbitration Opt-out Notice, will be the state and federal courts located in the Western District of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Waldo with an Arbitration Opt-out Notice, you acknowledge and agree that you and Waldo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action, representative, or private attorney general proceeding. Further, unless both you and Waldo otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, representative, or private attorney general proceeding. In addition, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and cannot award relief that would affect other users. If this specific limitation on class, representative, private attorney general, or non-individualized declaratory and injunctive relief is held unenforceable as to a particular claim for relief, then that particular claim (and only that claim) shall be severed from arbitration and resolved in court. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator will decide all issues, except that issues regarding the arbitrability of claims, including disputes over the interpretation or enforceability of the limitation on class, representative, private attorney general, or non-individualized declaratory and injunctive relief, shall be for the court to decide.
Arbitration Location and Procedure
Unless you and Waldo otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Waldo submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Waldo will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless the arbitrator determines that either the substance of your claim or the relief sought in your Demand for Arbitration is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for relief does not exceed $75,000 in value, Waldo will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Waldo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Waldo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Waldo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Waldo and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Waldo and you regarding the Service and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Waldo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Waldo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Waldo under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waldo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Waldo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
A. GENERAL TERMS
Professional Services Terms
Waldo’s professional services (“Professional Services”) provide an online platform that enables our users to upload and share photographs (“Photos”) using the Services. Photos may collectively be referred to herein as “Media”. By subscribing to or using any Professional Services, you agree to be bound by and accept the Professional Services Terms set forth in Section B below.
Terms of Sale
Our Terms of Sale set forth contain additional terms, conditions and policies applicable to your purchase of Products through the Services. By ordering Products through the Services, you agree to be bound by and accept the Terms of Sale.
Waldo enables certain users who own or otherwise have the right to license Media (the “Content Owner”) to use Waldo to facilitate the license of their Media to other Waldo users. Please refer to the terms of your Professional Plan to determine whether you are a Content Owner with the right to license your Media through Waldo. All such licenses are made directly between the user and the Content Owner and are merely facilitated by Waldo. The scope of the license rights granted by the Content Owner to the Waldo user under any license will vary depending on the type of license that the Content Owner designates to such Media.
By uploading Media to the Waldo Services and indicating that the Media may be licensed by other Waldo users, Content Owners agree to be bound by and accept the terms and conditions set forth in Section D below. By licensing any Media from a Content Owner through the Services, you agree to the terms of the applicable end user license agreement that has been chosen by the Content Owner (either the Commercial Use License or Personal Use License).
Please note that if you download Media from the Services, you are not automatically granted any license rights by the Content Owner to such Media. Any Media license will be expressly communicated by the Content Owner at the time such Media is downloaded or purchased (e.g., on the Waldo shopping cart page). If you have any questions regarding Media licenses, please contact us at firstname.lastname@example.org.
You agree that you will not (i) modify or alter the Waldo Materials; (ii) create derivative works of the Waldo Materials; (iii) decompile, disassemble, decode or reverse engineer the Waldo Materials, translate the Waldo Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the Waldo Materials or reduce the Waldo Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the Waldo Materials.
Except as otherwise expressly permitted herein, you may not use the Services or the Waldo Materials to engage in any of the following prohibited activities:
- the collection, copying or distribution of any portion of the Waldo Materials;
- any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the Waldo Materials;
- modifying or otherwise making any derivative uses of the Services or the Waldo Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
- with the exception of Media made available by users for download, the downloading of any portion of the Waldo Materials or any information contained therein; or
- any use of the Services or the Waldo Materials other than for their intended purposes.
You may create a text hyperlink to the Site, provided such link does not portray Waldo or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Waldo at any time. You may not frame the Site or utilize framing techniques to enclose the Site, Waldo Materials, Waldo Marks or other proprietary information without Waldo’s express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. Waldo does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
The Services may enable you to upload, post and transmit Photos or Videos to the Site or other portions of the Services (including to your galleries) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, text, messages, information or other content or materials (collectively, including Media, the “User Content”).
Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation: Photos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Waldo, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Waldo or its users to any harm or liability of any nature.
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other Waldo users. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. Waldo provides security options and settings for your content available in the settings section of your applicable user account (the “Account Settings”), including the ability for you to designate certain portions of your account as unlisted, private, hidden or password-protected.
We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” from illegally accessing the Services or their contents. Waldo is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify Waldo of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to Waldo.
Third Party Services
Waldo does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Waldo Services. Waldo makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by Waldo users, Waldo Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including the Waldo users or Waldo Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Waldo does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the Waldo Vendors. Waldo is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with Waldo users or a Waldo Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE WALDO MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE WALDO MATERIALS, AND THE PRODUCTS.
WALDO DOES NOT REPRESENT OR WARRANT THAT THE WALDO MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM WALDO OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WALDO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOS. WALDO ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
Waldo is located in the State of Texas in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with Waldo occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
Questions or Comments
Waldo is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at email@example.com.
B. ADDITIONAL TERMS APPLICABLE TO PROFESSIONAL SERVICES (“PROFESSIONAL SERVICES TERMS”)
The Transactional Plan is available to users (i) who register for a free trial (when available) and (ii) who pay Platform Fees comprising 20% of the Gross Profits (defined as gross revenue less merchant services, shipping and handling, taxes, and 3rd party print costs) collected from customers. This percentage of Gross Profits collected from customers can be changed at the sole discretion of Waldo. The Gross Profits can either be collected fully by Waldo and distributed to users (less of Platform Fees) within thirty (30) days of a transaction, or Waldo can collect the Platform Fees as each transaction occurs.
The Subscription Services may become available to users (i) who register for a free trial (when available) or for a subscription to the Subscription Services (“Subscription”) and (ii) who pay in full the Subscription fees (“Subscription Fees”) applicable to the level of Subscription selected by such user (the “Subscription Plan”).
When you first register for the Plus, Premium, or Professional Services, Waldo may offer you the ability to use the Services without paying a Subscription Fee (“Professional Fee”) for a limited trial period (a “Free Trial”). The duration of a Free Trial will be the number of days specified by Waldo at the time of your registration for such Free Trial. You may not need to provide Waldo with a credit card or other Payment Information in order to register for a Free Trial. At the conclusion of your Free Trial, your Subcription may automatically terminate unless you elect to continue to use the Services by selecting a Subscription Plan and providing Waldo (or our applicable third party payment processor) with valid Payment Information or, in some cases, if you have provided Payment Information at the time of starting your Free Trial, your Subscription may automatically renew. Upon Waldo’s receipt of your Payment Information, and the expiration of your Free Trial, when applicable, you will be charged for the Subscription applicable to your selected Subscription Plan. Waldo may offer you the ability to register for one or more of the Subscriptions without the opportunity to participate in a Free Trial.
Term and Automatic Renewal
Your Subscription is valid commencing on the date in which Waldo provides you with access to the Services pursuant to its receipt of your valid Payment Information (the “Commencement Date”) and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services (the “Subscription Term”).
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR WALDO PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM THROUGH YOUR ACCOUNT SETTINGS IN THE SUBSCRIPTION SECTION, OR BY SENDING AN EMAIL TO HELP@WALDOPHOTOS.COM PROVIDING CLEAR WRITTEN NOTICE OF SUCH REQUEST. You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
You may upgrade your Subscription Plan at any time during the Subscription Term by notifying Waldo using your Account Settings. If you upgrade your Subscription Plan, the credit card or other designated payment method in your Account Settings will be billed for the difference in price, pro-rated for the remainder of your Subscription Term.
You acknowledge that the amount of the recurring charge at the time of Subscription renewal may differ from the Subscription Fees you originally paid for the Subscription Services if: (i) the Subscription Fee for your Subscription Plan changes during your applicable Subscription Term, or (ii) if you change your Subscription Plan or Subscription Term during the previous Subscription Term. Waldo will notify you of any changes to the Subscription Fee prior to the date on which your Subscription Term will renew. You hereby agree to any such revised Subscription Fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the Subscription Services.
Waldo reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by Waldo, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Subscription Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
WALDO WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SUBSCRIPTION SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
Termination of Services
You may request the termination of your Subscription or account at any time by canceling your account in the Account Settings, or by sending an email to firstname.lastname@example.org providing clear written notice of such request. When Waldo receives your termination request, Waldo will proceed with the termination and notify you of such termination via email. Waldo may request additional information from you prior to terminating your Subscription. Your Subscription or account is not terminated until you receive confirmation of such termination from Waldo. If you terminate your Subscription or account, such termination will be effective immediately upon your receipt of such confirmation from Waldo, regardless of whether there is any period of time remaining in your Subscription Term. By way of example and not in limitation of the foregoing, if you request the termination of your Subscription and you have two months remaining in your Subscription Term, such termination is effective immediately and you will not have access to the Subscription Services for the remaining two months of such Subscription.
All Professional Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription or account for any reason, you will not be entitled to receive a refund for any Professional Fees or other amounts previously charged to you, or for any unused portion of any Professional Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
You may change your email, credit card information or other Payment Information for your account by using the Account Settings available in your user profile. It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the Professional Fees at the time such Professional Fees are payable and due, then Waldo may terminate your account for nonpayment. If Waldo does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. Waldo cannot guarantee that you will receive notice of the termination of your account.
YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT YOU UPLOAD, POST OR MAKE AVAILABLE THROUGH THE SERVICES DURING ANY APPLICABLE SUBSCRIPTION TERM AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT. WALDO IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT IN CONNECTION WITH YOUR USE OF THE WALDO SERVICES.
Waldo uses third party vendors to host and store any Media that you upload to Waldo through your use of the Professional Services. We may require our vendors to maintain certain standards with respect to your User Content, but Waldo does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term. Waldo does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis.
Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to Waldo’s data destruction policies and cannot be recovered by Waldo or any third party vendor following deletion (including Amazon S3 if you have subscribed to a WaldoVault account).
Use of User Information
Use of the Waldo Professional Services does not create a partnership, agency, joint venture or any employee-employer relationship between you and Waldo. At all times the relationship between you and Waldo will be that of independent contractors. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of the Subscription Services.
C. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)
Waldo facilitates your purchase of Photos or Products through the Waldo Services through its relationships with the Waldo Vendors. If you purchase Photos or other Products through the Waldo Services, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such Waldo Vendors and Waldo’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
Pricing; Payment Terms
In order to purchase Products through the Waldo Services, you are required to provide valid Payment Information as required by Waldo. Waldo may terminate your order for Products and take such other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon Waldo’s request. You agree to reimburse Waldo for any and all costs incurred in collecting amounts owed by you to Waldo or a Waldo Vendor, including, without limitation, attorneys’ fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that Waldo may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Waldo reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Waldo may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
Product Downloads; Shipping Terms and Policies
If you purchase a Photo download, such download will be made available to you through the Services upon Waldo’s receipt of your valid Payment Information.
If you purchase Photo prints or other physical medium Products (i.e., photo books or other photo merchandise), Waldo will use its commercially reasonable efforts (and our Waldo Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Waldo is not responsible for any delays in shipping. Waldo or the Waldo Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Please see our Shipping Charges for additional detail. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the Product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from Waldo to you upon shipment. If an item in your order is temporarily out of stock, we may hold your order until it is complete prior to shipment.
Waldo unconditionally guarantees your satisfaction with any Products that you purchase through the Services. If you are unsatisfied with any Photos or other Products you have purchased from Waldo, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact Waldo at email@example.com. Please do not contact your credit card company to dispute a charge before contacting Waldo.
Product Availability and Pricing
Waldo or the Waldo Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
Product Descriptions; Pricing; Errors
Waldo strives to maintain accurate information in the Services and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, pricing or other Waldo Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color, please note that the actual color you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Waldo or a Waldo Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Waldo is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND WALDO’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND WALDO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
D. LICENSE AGREEMENT
These License Agreement terms apply to Content Owners who have registered for a Professional Plan granting such Content Owner the ability to license Media through the use of the Services. Certain Waldo Pro users may be entitled to license digital versions of such user’s Photos to other Waldo users for an applicable license fee under the terms of such user’s Professional Plan.
Rights Granted by Content Owner
By uploading or posting Photos to be licensed to Waldo users, Content Owner hereby grants to Waldo the right to facilitate the licensing by Content Owner of Photos posted on Waldo to a licensee according to the licensing designation (a Commercial Use License or Personal Use License) identified by the Content Owner upon submission of the Photos.
Content Owner Responsibilities
Content Owner is responsible for all Photos posted to Waldo through the Services, including without limitation the designation of Photo license types (either personal or commercial) and the setting of license fees (if applicable) through the tools available in Content Owner’s Account Settings.
Media Submission and Licensing
Photos designated for commercial license should be free from any distinguishable third party names, trademarks, logos, copyright designs, works of art, architecture, or any other depictions requiring additional rights. Content Owner understands and agrees that all Photos are licensed directly by the Content Owner subject to the license and the license type and the license fees (if applicable) for Photos or as chosen by Content Owner. Waldo merely facilitates and enables such license and does not maintain any responsibility or liability for the Photos.
So long as Content Owner has agreed to make the Photos available through the Services there will not be any restraint on the licensing of such Photos through the Services to any Waldo users to the fullest extent possible, according to the type of license provided by the Content Owner.
Representations and Warranties of Content Owner
Content Owner represents and warrants to Waldo that:
- Content Owner owns (or has legal right to represent and license) all intellectual property rights, title and interest in and to all Photos, including applicable copyrights, submitted through the Services and has the right to grant all licenses granted herein without violating the rights of any third party;
- All information concerning all Photos provided by Content Owner to Waldo through the use of the Services is, to the best of Content Owner’s knowledge, true and accurate; and
- All Photos submitted or posted by Content Owner have all necessary releases, consents and permissions required to grant the licenses granted under the applicable license, including, without limitation, valid Model Releases and Property Releases for Photos depicting recognizable people (living or dead) and private properties, permissions regarding posting Photos containing individuals under the age of 18, and all written permission regarding all distinguishable trademarks.
“Commercial Use License” means a licensing type in which the licensee is entitled to use the Photos subject to the commercial use license.
“Model Release” means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Photos.
“Personal Use License” means a licensing type in which the licensee is entitled to use the Photos subject to the personal use license.
“Property Release” means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Photos.
E. COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, Waldo has adopted a policy of terminating, in appropriate circumstances and at Waldo’s sole discretion, the accounts of users who are deemed to be repeat infringers. Waldo may also, at its sole discretion, limit access to Waldo’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Waldo will respond to claims of copyright infringement committed using Waldo that are reported to Waldo’s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorney’s’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Waldo Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Waldo’s Designated Copyright Agent.
Upon receipt of the Notice as described below, Waldo will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Waldo Services.
Your Personal Information may be processed by us in the country where it was collected and transferred to, and maintained on, computers located outside of your state, province, country (including the United States), or other governmental jurisdiction where privacy laws regarding processing of Personal Information may be less stringent than the laws in your country. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.
Children under the age of 13 are not permitted to use the Service and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s Personal Information from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the internet. By using the Service, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use the Service.
Collection and Use of Information
Our Service is designed to help you more easily identify photos of yourself, to share those photos with other users, and to connect and share photos with friends and other users. You are in control of what information you share with the Service and nothing you provide is automatically shared with others unless you tell Waldo via your settings to send photos to other users without your review. We provide you with settings to allow you to control your level of approval for your photos, and if you no longer want to be identified in a certain photo you can simply untag it.
Our primary goals in collecting information are to provide and improve our Service, to administer your use of the Service (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Service.
In general, we collect information that can be used to identify you, such as your name, email address, and phone number (“Personal Information”) that you submit to us voluntarily through the Service, including Personal information that you submit in the process of creating or editing your Account and user profile on the Service. For example, our registration and login process requires you to provide us with your name, mobile phone number, valid email address and password of your choice.
When you personalize your profile and use the features of the Service, we will collect any Personal Information you voluntarily provide, and we may also request optional non-personal information to support your use of the Service, such as your year of birth, gender and other demographic information. We refer to such information as “Anonymous Information” because it cannot be used by itself to identify you and therefore is not Personal Information. We collect information in the form of the User Content that you submit during your use of the Service, such as photos, comments, ratings and other information you choose to submit.
We also collect the information you provide when you use the Service. This can include information in or about the User Content you provide, such as the location of a photo or the date a file was created. If you connect to us from a social network, we also will be able to access and collect Personal Information about you and your friends that your privacy settings on the social network permit us to access. For instance, we may collect your user ID or profile information that you have permitted to be displayed through the Service in order to display you as a friend or in association with your profile and collections.
When you order our for fee products or services, you will need to submit Personal Information such as your credit card number, postal address, or other payment information so that our service providers can process your payment for those products and services. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and all related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Waldo community.
Use of Facial Recognition Technology
When you add a reference image photo to the Service, we will use facial recognition technology to allow us to identify other photos on the Service in which you appear. For example, our facial recognition technology will compare your reference image with albums of photos to locate photos of you. In addition, your responses to potential photo matches may improve the accuracy of the facial recognition and matching technology.
We do not sell, trade, or rent any Personal Information derived from our use of facial recognition technology, however we may share this information with third-party service providers who work on our behalf to administer and provide certain components or features of the Service, such as to create biometric identifiers.
By using the Service and adding a reference image, you consent to the use of facial recognition technology to identify photos on the Service in which you appear. You represent that the reference image photo added by you to the Service is you and that you are not impersonating or misrepresenting yourself as any other person or entity. You may only use the Service on behalf of another individual if you are the parent or legal guardian of a minor child and you shall only add reference images or photos of minor children for whom you are their parent or legal guardian.
We will retain and store Personal Information derived from the facial recognition technology for as long as you have an active Account on the Service. Personal Information derived from facial recognition technology will be deleted or destroyed through a secure manner. If you are a parent or guardian and believe that we might have inadvertently collected any personal information from your child under the age of 13 through the Service, please contact us at firstname.lastname@example.org to request that information be deleted or destroyed.
As detailed below, we use a variety of reasonable, industry-standard security technologies and administrative, physical, and electronic procedures to help protect your Personal Information, including information derived from our use of facial recognition technology, from unauthorized access, use, or disclosure.
We collect information from and about the computers, phones, or other devices where you install or access the Service, depending on the permissions you have granted. We may associate the information we collect from your different devices to provide a better or more consistent experience. Information we may collect includes device identifiers, user settings, and the operating system of your device, as well as information about your use of our Service.
When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Service for you, such as to identify photos of you near a particular location. If you do not want us to collect location information, you may disable that feature on your mobile device. However, if you disable the location services feature on your mobile device after using the App, we cannot remove any historic location data unless you delete your Account.
Personal Information from Other Sources
We may receive Personal Information about you from other sources with which you have registered, companies with whom we have partnered with or other third parties. We may associate this information with the other Personal Information we have collected about you.
E-mail and Email Addresses
If you send an e-mail to us, or fill out our “Feedback” form through the Service, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through the Service or the social network from which you have connected to the Service (such as in an invitation, or when sharing your content). Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address to contact you, for things such as notifications of limited edition shop sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.
Information Collected Automatically
As you use the Service, certain information about how a person uses our Service may also be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type, and operating system. We also use navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the Service you clicked. This type of information is collected to administer the Service, to make the Service more useful to you, to tailor your experience with the Service to meet your special interests and needs, and to analyze (and have third parties analyze) the information to improve, customize and enhance our Service.
An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access the Service to assist with ad targeting.
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to tell us how and when you interact with our Services, to monitor aggregate usage and web traffic routing on our Service, to improve our Service, and to provide you with a more personal and interactive experience with the Service. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our Service, your web browser must accept Cookies. If you choose to disable Cookies, some aspects or features of the Service may not work properly, and you will not be able to receive our Service.
Use and Disclosure of Information
In general, Personal Information you submit to us is used by us to provide you access to the Service, to improve the Service, to better tailor the features, performance, and support of the Service and to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request. Additionally, we do share your content preferences and other information with the social network from which you have connected to the Service, along with those companies and persons you have asked us to share your information with.
We may provide your Personal Information to third-party service providers who work on behalf of or with us to administer and provide some of the services and features of the Service and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), quality control (such as manually or mechanically comparing reference images with photo matches to determine the accuracy of matches), creating biometric identifiers and providing customer service. We require our third-party service providers to promise not to use such information except as necessary to provide the relevant services to us and not to disclose or use your Personal Information for any other purpose. We may also share aggregated information and Anonymous Information with third parties for research and analysis, demographic profiling and other similar purposes.
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose your Personal Information to government or law enforcement officials or private parties if we believe in good faith that such disclosure is necessary or appropriate to (a) comply with relevant laws and to stop any activity that we consider illegal, unethical, or legally actionable activity; (b) to respond to claims, subpoenas or warrants served on us; or (c) to protect and defend our rights, property, and safety and the rights, property, and safety or you or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
The Ability of others to View your Information
Responding to Do Not Track Signals
Our website does not have the capability to respond to “Do Not Track” signals received from various web browsers.
Third Party Sites and Advertising
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Service.
We may periodically send you free newsletters and e-mails that directly promote our Service. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly (please see contact information below).
You may change any of your profile information, including any Personal Information associated with your Account, by editing it in the profile settings page. You may request deletion of your Personal Information and Account by contacting us at email@example.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). If you request deletion of your Account, we will delete photos you added to the Service, as well as information derived from facial recognition technology from the reference image that you added. When we delete Personal Information, it will be deleted from the active database, but
We are committed to protecting the security of your Personal Information. We use a variety of reasonable, industry-standard security technologies and administrative, physical, and electronic procedures to help protect your Personal Information from unauthorized access, use, or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information. Accordingly, we cannot guarantee the absolute security of any information.
Contact and Revisions