Terms and Conditions
IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST NOT USE THE SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Welcome to WOLO, a mobile application that allows users to curate their life with select images they choose to share with others. These terms and conditions outline the rules and regulations for the use of the WOLO app.
By downloading, installing, or using the app, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use the app.
License:
WOLO grants you a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial use only. You may not use the app for any other purpose or in any manner that violates any applicable laws or regulations.
We value user feedback and look forward to your views about the Services. Please be aware, however, that notwithstanding anything to the contrary herein, if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we will: (i) own all rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to use the Feedback without limitations for any purpose, without payment to you or any other person.
Age Restriction:
WOLO is intended for use by individuals who are at least 12 years old. By using the app, you represent and warrant that you are at least 12 years old.
User Content:
The WOLO app allows you to upload, post, and share photos with other users. By uploading or sharing any content, FOR THE PURPOSE OF DISPLAYING YOUR PHOTOS IN THE APP ACCORDING TO YOUR OWN SHARING PREFERENCE, you grant WOLO a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, display, reproduce, modify, and distribute the content for the purpose of operating the app and providing services to you and other users.
You agree to maintain accurate, complete, and up-to-date information in your user account. Your failure to maintain accurate, complete, and up-to-date user account information may result in your inability to access and use the Services.
You are solely responsible for your account password and account security. If you ever suspect that your credentials have been discovered by any other person or entity, then you should immediately change your credentials or notify WOLO at hello@woloport.com. The content you upload or share on the app is your own responsibility. You agree not to upload or share any content that is illegal, obscene, defamatory, or infringes on any third-party rights, including intellectual property rights. WOLO is not responsible for any activity that transpires from your photos being viewed or shared by other users whom you have given permission to view or designated as Public viewing within the App.
WOLO has a built-in reporting feature in order to protect the public from harmful or inappropriate content. If you see anything that violates the community guidelines of WOLO, please refer to our reporting feature. Our team will review the reports and work to remove the
contents that do not comply with our community guidelines. Subject to EULA, WOLO LLC
holds the right to remove any contents that violate the Terms and Conditions or our
Privacy Policy.
If another user or users report any such content, then WOLO reserves the right to send you a warning and to take further action at its sole discretion, including removal of the content and/or removal of your profile. If WOLO removes your profile, no subsequent or scheduled renewal charge for Unlimited members will be applied, and you may be subject to the loss of your content entirely.
Membership Types:
Free Level: WOLO offers a free service level, including limited features (one WOLO album) and functionality. By using the free level of service, you agree to be bound by these terms and conditions.
Unlimited Paid Level: WOLO also offers an unlimited paid level of service, which includes additional features and functionality such as Unlimited WOLO albums. By subscribing to the unlimited paid level of service, you agree to be bound by these terms and conditions and to pay the applicable subscription fee, either Monthly or Annually.
Payment: The subscription fee for the unlimited paid level of service is as advertised in the app. Payment will be charged to your account at the time of purchase, and the subscription will automatically renew unless canceled before the end of the current period.
Representations and Warranties: You guarantee and represent to WOLO that your submitted information and materials (including all information, graphics, trademarks, and technology therein) (i) abide by and will always abide by all applicable laws, rules, and regulations, the Terms, and (ii) do not and will not violate any third party's legal rights, including any intellectual property rights, publicity rights, or privacy rights, and (iii) do not and will not contain any harassing, obscene, or otherwise objectionable language. You commit to paying all royalties, fees, and other sums owed to anyone for any reason.
Intellectual Property Protection for the Public:
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy, or is defamatory or otherwise illegal, please file a detailed notice of complaint to WOLO at the following email address: hello@woloport.com, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
Ownership of Intellectual Property of WOLO:
All the Intellectual Property Rights (as defined below) demonstrated by, embodied in, existing within, attached to, connected to, or related to the Services, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, music, videos, content (other than the Submitted Information and Materials/Digital Photos), various applications, social graphs, and other works. No transfer or grant of any rights or obligations is inferred by any part of these Terms or any other provision found in the Services with regard to the WOLO IPR or in any other way, nor is it made by any such provision. You hereby irrevocably assign, transfer, and convey to WOLO the ownership of such WOLO IPR, including all right, title, and interest therein, free of any charge, in the event that by operation of law any of the WOLO IPR is not owned in its entirety by WOLO automatically upon its creation. You consent to working with WOLO to secure any intellectual property rights for WOLO and have those rights upheld globally at WOLO's expense. You will sign any papers WOLO may reasonably seek in order to secure or enforce such WOLO intellectual property rights and other legal protections. The term "Intellectual Property Rights" refers to the following types of rights: (a) copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, and goodwill rights, whether or not registered; (c) patents, patent applications, and industrial designs; (d) rights similar to those outlined here and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, and other transfers of such rights.
Termination:
WOLO reserves the right to terminate your access to the app at any time without notice if you violate these terms and conditions. Upon termination, you must immediately delete all copies of the app from your device. Termination of your access to the Services may also include removal of the Submitted Information and Materials uploaded by you to the Services, in accordance with applicable laws. You agree that we shall not be liable to you or any third party for any termination/ suspension of Your access to any of the Services or to any of your Submitted Information and Materials, and shall not be required to make the Submitted Information and Materials available to You after any such termination, as permitted by applicable laws. WOLO may generally cease offering or deny access to the Services and/or the WOLO IPR or any portion thereof, at any time and for any or no reason without prior notice, as permitted by applicable laws.
Transfer:
You are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any other person or third party without prior written consent from WOLO. Any unauthorized transfer or assignment will be void and of no force or effect. WOLO may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
Disclaimer of Warranties:
WOLO is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. WOLO does not guarantee that the app will be error-free, uninterrupted, or free of viruses or other harmful components.
Limitation of Liability
To the fullest extent permitted by law, WOLO shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the app or these terms and conditions, whether or not WOLO has been advised of the possibility of such damages.
Indemnification:
You agree to indemnify and hold WOLO harmless from any claims, damages, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the app or your violation of these terms and conditions.
Changes to Terms and Conditions:
WOLO reserves the right to modify these terms and conditions at any time without notice (although we do elect to send notices via the app). Your continued use of the app after any such changes constitutes your acceptance of the new terms and conditions.
Taxes and Payments:
The prices may occasionally change at the sole discretion of WOLO. The price displayed at the time of payment will be the price that will be applied to your order. Only through the Services via a third-party payment channel is payment possible. Without affecting any other rights or remedies it may have, WOLO may suspend or block your account if any of your payments are not successfully processed for any reason. Taxes and other fees are not included in the payments. If any taxes or fees are associated with your payments, you are solely responsible for paying those fees and taxes.
Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of The United States, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these terms and conditions or the use of the WOLO app shall be submitted to the exclusive jurisdiction of the courts located in Miami-Dade Florida, The United States.
GDPR Compliance:
WOLO is committed to the new EU General Data Protection Regulation 2016/679 (“GDPR”) and to protect your data, including its collection, storage, transfer or use by companies and third parties.
DMCA Compliance:
It is WOLO’S policy to respond to clear and valid notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we may promptly terminate without notice the accounts of those determined by us to be "repeat infringers". Therefore, if you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing WOLO’S Designated Copyright Agent at: WOLO Creative.; info@woloport.com, with the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WOLO to locate the material; providing URLs in the body of an email is the best way to help WOLO locate content quickly; information reasonably sufficient to permit WOLO to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Entire Agreement
These terms and conditions constitute the entire agreement between you and with respect to the use of the app and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and WOLO.
Contact Information If you have any questions about these terms and conditions or the app, please contact us at hello@woloport.com.
WOLO shall not be held accountable or liable for any delays or failures in performance if brought on by events outside of WOLO's reasonable control, such as, but not limited to, issues with infrastructures, outages or mistakes made by service providers (such as a cloud server that is down), acts of God, strikes or other labor unrest, governmental rules or actions, war, whether declared or not, sabotage, terror of any kind, or any other causes, which cannot reasonably be mitigated or controlled by WOLO. You and WOLO agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action. Or else such cause of action is barred permanently, and you will be deemed to have waived any claim in respect thereof.
By using WOLO you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the app.
WOLO - Curate Your Life!
Lincoln Road, Miami Beach, Florida 33139, United States / 1 (305) 771-2369
Email us using the Contact Form above!
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