- Wayin’s websites (including without limitation wayin.com and any successor URLS, mobile or localized versions and related domains and subdomains) (the “Site”).
- Wayin’s marketing campaign development and management platforms and related products, applications and services (in each case in whatever format they may be offered now or in the future, the “Platform”).
- Wayin’s content and other materials that are developed for and used by our Clients in conjunction with the use of our Platform as provided in commercial agreements between the two parties in marketing campaigns, marketing collateral, and collection of information using forms, surveys, social media, or other services (“Client Supported Services”).
The Site, Platform, and Client Supported Services are collectively referred to as our “Services”. By using our Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use our Services.
1. Additional Terms
2. Changes to These Terms
We may decide, at any time, to modify any or all of these Terms if we make changes to the Services, in response to changes in the law, or for other reasons. We will post any changes to these Terms on this page, without advance notification to our users. Any changes to these Terms will become effective as soon as they are posted on this page, so your continued use of our Services after the modifications are posted, will constitute your acceptance of the modifications.
3. DESCRIPTION OF CONTENT, SERVICES
“User Content” means any Content (defined below) posted or otherwise submitted to our Services by an end user, whether by submission to a social media service, posting a comment, or otherwise. “Content” means User Content and any other text, photographs, graphics, code, data, software, and more, featured on our Services. Whenever new Content is added to the Services in the future, that Content will also be subject to these Terms.
Our Site is primarily designed to provide an overview of the Services offered by Wayin. Our Site may also feature sections through which Wayin’s business clients (“Clients”) and their authorized users may log in and use the Platform. These sections of our Site are provided to our Clients pursuant to our separate agreements with them, and you are prohibited from accessing, or attempting to access or use any restricted-access portion of our Site or the Platform unless you are a business client of Wayin authorized to do so.
Our Services include a variety of customizable interactive digital experiences that can be published by our Clients to a range of destinations. These digital experiences include sweepstakes, giveaways, promotions, landing pages, social hubs, contests, polls, surveys, product feedback forms, reviews, signups, countdowns, video galleries and other promotional or advertising campaigns (“Promotions”). Our Services also include the administration, on behalf of third parties, of certain Promotions. The Services may include User Content provided by feeds we access through third party social media services, however other Content may be included in the Services as well.
Please note: While we administer Promotions on behalf of our Clients, we do not specify the rules and restrictions applicable to those Promotions. Please see the third-party responsible for the Promotion for details regarding rules and other restrictions.
4. Third-Party Content and Sites
5. User Content
From time to time, our Services may request that individual users submit User Content, whether as part of a Promotion, or to a social media service by using a hashtag or other keyword which may subsequently cause the User Content to be accessed by our Services. Whenever such User Content is provided by users directly to the applicable social media service via the user’s account with that service, all such User Content is subject to the terms of that social media service (for example if the content is “tweeted” through Twitter, it is subject to Twitter’s Terms of Service, including without limitation the Twitter Rules regarding content submission guidelines and restrictions). Please report any User Content you feel does not comply with ethical boundaries, laws, or content rules, by contacting the applicable social media service and following their reporting instructions, or by sending an email to email@example.com.
We reserve the right (on behalf of Wayin and our Clients) to modify, remove or refuse to distribute or display any User Content on the Services. We may suspend or terminate any users who violate these Terms or provide unacceptable User Content to the Services, in our sole discretion.
Wayin is not responsible for User Content accessible through the Services, including without limitation any infringements, defamation, errors or omissions therein, or any loss or damage of any kind incurred as a result of the viewing, use or reliance upon any User Content. You should not assume that any User Content is correct, and you should not rely on any User Content, as we cannot make any representations regarding the accuracy thereof. We do not endorse, support, or make any guarantees whatsoever regarding any User Content. By using the Services, you may be exposed to User Content that you may find offensive, harmful, inappropriate, or which is inaccurate or deceptive, and your sole remedy is to cease using the Services.
6. Modifications and Interruptions
We reserve the right to modify or discontinue all or any portion of the Services, or any Content therein, at any time. We may do any of the foregoing without any liability to you. Wayin does not guarantee continuous or secure access to the Services, or that operation of the Services will be uninterrupted or error free, and you understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. YOUR USE OF THE SERVICES
Our Clients are granted a limited license to use the Services subject to these Terms. In some cases the Services may also be subject to terms of the third party sites on which the Services are displayed, if so indicated in such terms. You may feature links to our Services, and you may occasionally (and not systematically) republish individual social media postings from the Services according to the terms of the applicable social media service. You are prohibited from copying, distributing, republishing, displaying, posting or transmitting the Content or any portion of the Services except as described in these Terms. In addition, you hereby agree that you will not engage in any of the following with regard to the Services:
1) use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained in our Services (with the exception of commercial web services solely engaging in these activities to create a publicly-accessible search index);
2) use the Services, or any Content, for commercial purposes, including to advertise, sell to or solicit others unless as a Client or authorized user of Client;
3) post or distribute any software or other materials that contain a virus, worms, Trojan horses, defects, date bombs, time bombs or other harmful component;
4) interfere with or disrupt any servers or networks used to provide the Services;
5) gain, or attempt to gain, unauthorized access to the Serviced or other Content, or any account, computer system, or network connected to the Services, by hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
6) gather any email addresses or other personal information that has been posted by other users of the Services for commercial or other improper purposes; or
7) “frame” or “mirror” the Services, or any part thereof; or
8) attempt to fraudulently bypass any entry or voting restrictions for Services such as, but not limited to, automated entries, circumventing time based entry constraints, engaging with third parties to submit multiple entries on your behalf, or manipulating public voting though any means.
While using the Services, you agree to comply with all applicable laws, rules and regulations, as well as the terms of any third party social media service you may use to submit User Content. Please let us know if you believe someone is violating these Terms, or the terms of any social media service with regard to any User Content.
You are not permitted to use the Platform to collect sensitive personal information such as information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data, information concerning a person’s health or a person’s sex life or sexual orientation.
8. Intellectual Property Rights
Copyrights and other intellectual property rights in the User Content available through the Services are owned either by the individual contributors of that Content, or by the applicable social media services. Copyrights and other intellectual property rights in all features, functionality, code, and aspects of the Services other than the User Content, are owned by Wayin (or in some cases may be licensed to Wayin by third parties). Based on the presence of this notice of copyright ownership, any infringement of the protected Content of the Services will be deemed by Wayin to be an intentional infringement. All third party trademarks displayed on the Services are the trademarks of their owners, and do not constitute an endorsement or recommendation of such parties by Wayin. In addition, use of any third party trademarks or links does not imply, directly or indirectly, that those third parties endorse or have any affiliation with Wayin.
We welcome your comments and feedback about our Services. All information and materials submitted to Wayin through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Services, the Services, or the business of Wayin (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Wayin reserves the right to treat any such Feedback as the confidential information of Wayin.
By submitting Feedback to Wayin, you assign to the Wayin Parties (defined below), free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Wayin Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
10. Notification of Claimed Copyright Infringement
In the event that you find Content posted on the Services which you believe constitutes copyright infringement, you are requested to immediately contact our Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information:
1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner
2) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4) if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
5) a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6) your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to:
By Mail addressed to:
999 18th Street
Denver, CO 80202
Or by fax to: 303-825-0262
or email to: firstname.lastname@example.org
11. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WAYIN AND ITS RELATED ENTITIES, AND THE DIRECTORS, OFFICERS, AND EMPLOYEES OF EACH OF THEM (COLLECTIVELY, THE “WAYIN PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES, YOUR USE OF THE SERVICES, AND ANY CONTENT THEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WAYIN PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OR TIMELINESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.
UNDER NO CIRCUMSTANCES, WILL ANY WAYIN PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES, OR ANY CONTENT OR SERVICE PROVIDED TO YOU THROUGH THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR ACCOUNT DATA IF APPLICABLE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY WAYIN PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WAYIN PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
If you are a resident or citizen of the state of California, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You agree to indemnify, defend and hold the Wayin Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your actual or alleged violation of these Terms, the terms of any social media service you have used in connection with the Services (for example, any service you have used to post User Content), or any other actual or alleged violation of applicable laws or regulations relating in any manner to interaction with or use of our Services by you or another user using your computer or account.
13. Governing Jurisdiction of the Courts of the State of Colorado
The laws of Colorado and the United States will govern these Terms. Accordingly, if you choose to access our Services, you agree to do so subject to the laws of Colorado and the United States as applicable. The state and federal courts of Denver, Colorado will serve as the exclusive venue for any claims made, arising out of or relating to, your use of the Services.
14. Notice for California Users
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any failure by Wayin to exercise its rights under these Terms will not constitute a waiver of those rights.
If any of these Terms are determined by a court of law to be unlawful, void or unenforceable, the other provisions will remain valid and enforceable to the maximum possible extent, and any invalid language will be revised to make it valid while as closely as possible maintaining the original intent of Wayin. You agree that Wayin may assign these Terms, in our sole discretion, to a third party in the event of a change in control or other transfer of equity or assets of Wayin. These Terms (including the Additional Terms described above) constitute the entire agreement between you as an individual end-user and Wayin regarding your use of the Services, and these Terms will have no bearing on the use of the Services by any business Clients of Wayin pursuant to separate agreement. Any claim arising out of or related to use of the Services or these Terms, must be filed within one (1) year after such claim arose or it will be barred. Sections 5, 7, 8, 11, 12, 13, 14, and 15 of these Terms will survive termination of these Terms and/or your access to the Services.
16. Contact Us
If you have any questions about these Terms or our Services, please contact us at email@example.com or the address below.
999 18th Street
Denver, CO 80202
These Terms are effective as of May 21, 2018