Waving ("we" or "us") operates the Waving mobile application. By using Waving in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Waving.
You must be at least 18 years old to use Waving. Use is void where prohibited. By using Waving, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Waving, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
We grants you a limited, non-exclusive license to access and use Waving for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by us in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Waving. Nor will you take any measures to interfere with or damage Waving. All rights not expressly granted by us are reserved.
To use Waving, you must register an account your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including but not limited to your name, your gender, your birthdate, your email address, your current and past job/school. Please take precautions to protect your password and contact us at email@example.com if you believe your account has been accessed by an unauthorized person.
This Agreement begins on the date you first use Waving and continues until terminated in accordance with the provisions hereof.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation or goodwill. If we delete your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by us will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. We shall not be responsible for the loss of such content.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER WAVING USERS. YOU UNDERSTAND THAT WE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. WE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Waving, and no warranties shall apply after such period.
In using Waving, you must behave in a civil and respectful manner at all times. Further, you will not:
We have the right, but not the obligation, to monitor all conduct on and content submitted to Waving.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any other user. If information provided to us, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
You grant us and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Waving permission to view your content for their personal, non-commercial purposes. If you make suggestions to us on improving or adding new features to Waving, we shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to us and grant the licenses set forth above; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless us and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Waving; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Waving violates any law or infringes any third party right, including any intellectual property or privacy right.
We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Waving do not infringe any third-party copyright.
We will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via email: firstname.lastname@example.org
If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:
You may submit this information via email: email@example.com
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of Waving must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, we and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without our prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may provide all such communications by email or by posting them on Waving. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at firstname.lastname@example.org
Nothing herein shall limit our right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Service posted by us on Waving or a written amendment signed by an authorized representative of us. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between us and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.