Terms of Service; Didn't Read

“I have read and agree to the Terms” is the biggest lie on the web. We aim to fix that.

Welcome to our edit tool

Using this online tool, you can help to update the content of the ToS;DR website. Below are the most recent changes people have made. Above, you can see the menu bar, where you can navigate to the list of Services, or the Points search page.

How it works

A service is a website or online application, for instance YouTube. A case is an individual remark that can form part of the review of a service, for instance "you need to be 13 years old to use this service"; each is assigned a topic to provide grouping. A point links a case to a service, for instance "you need to be 13 years old to use YouTube".

To review a service's terms and conditions, first make sure the service is listed, and raise it on the reviewers forum if it isn't. Then read the actual terms and policies you have to agree to to use this service, and make a note about anything that you find remarkable. Find the existing case for each of these review remarks, or create it if necessary, and create a point to add that case as a remark in the review of the service. Use the checklist to see if you forgot to review any aspects.

Then you need to wait for a curator to approve your changes, after which your review will show up on https://tosdr.org, will be picked up by the ToS;DR browser extensions, and included in DuckDuckGo's Privacy Grade, for which our API is one of several input factors. For services whose terms and policies are tracked by ToSBack, you can try out our experimental annotate view.

This tool is still very much under construction, and has bugs. Please open a github issue for anything you think should be improved.

Examples (see all):

FindUnclaimedAssets

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DEWALT

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Lilo

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--- text: - - " PRIVACY POLICY <p>\n<strong>© 2022 Sony Pictures Networks India Private Limited.\nAll rights reserved.</strong>\n</p>\n<br> 1.\nApplication <p> This Privacy Policy is applicable to personally identifiable information collected, processed, stored and used in connection with <strong>http://www.sonyliv.com</strong> or via an dedicated application of the said URL accessible on Users’ mobile phones / tablets / other devices connected to the internet (\"<strong>Site</strong>\") operated by Sony Pictures Networks India Private Limited (<strong>\"SPN\"/ \"we\"/ \"us\"/ \"our\"</strong>) having its office at Interface Building 7, 4th Floor, Off Malad Link Road, Malad (West), Mumbai – 400064, India.\nThis policy is in addition to the Privacy Policy incorporated otherwise on the URL.\n</p>\n<br> 2.\nServices <p> To facilitate your viewership and access of the content on the Site, the content may have been packaged by SPN differently, wherein the Content or Services may be accessible free of charge which may include advertisements or commercials or via a subscription model or a pay-per-view model with or without advertisements / commercials or with a combination of the foregoing.\n</p>\n<br> 3.\nTypes of Information collected <p>\n<strong>3.1 Information You Provide<br>\n</strong> In order to use the Site and the services offered, Users (\"<strong>User</strong>\" / \"<strong>You</strong>\") must create an account with SPN (\"SPN Account\").\nCreating the SPN Account may require the User to provide inter alia the following personal information associated with the User, including but not limited to his / her name.\ngender.\nresidential address, including city / state / province (if applicable), postal code, country, and region.\nphone and mobile number, e-mail address.\npreferred language.\nand login name and password (\"<strong>Personal Information</strong>\").<br>\n<br>\n<strong>3.2 Automatic Information Collection<br>\n</strong> 3.2.1 SPN may use a variety of technologies that automatically or passively collect information about how the Site is accessed and used (\"<strong>Usage Information</strong>\").\nUsage Information may consist inter alia of the following data about your visit to the Site: content viewed, date and time of view, content listed on watch-later-list.\nfollowed content.\nfavoured content.\naccess type depending on the model of services described hereinabove, number of website hits, type of computer operating system including the type of internet browser and internet service provider.\nUsage Information is generally non-identifying in nature, but SPN may associate the same with other information collected and hence treats it as Personal Information.\n<br> 3.2.2 SPN also may automatically collect your IP address or other unique identifier for the computer, mobile device, technology or other device (collectively, \"<strong>Device</strong>\") which you use to access the Site.\nA unique identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by this number (\"<strong>Device Identifier</strong>\").\nSome mobile service providers may also provide us with the physical location of the Device used to access the Site.<br>\n<br>\n<strong>3.3 Cookies and Web Beacons<br>\n</strong> 3.3.1 By using the Site, you consent to our cookies, which are basically files that web servers place on your Device.\nThe use of cookies on the Site allows you to enjoy more seamless visits to the Site and more accurately measures your behavior on it.\nThere are two types of cookies that we may use: session and persistent.\nSession cookies exist only during an online session and are removed from your Device when you close the browser software.\nPersistent cookies remain on your Device after the browser has been closed.\nWhile the cookies used on the Site do not identify you personally, they recognize your browser, unless you choose to identify yourself voluntarily.\nYou may choose to identify yourself for any one of the following reasons: by asking the browser to remember your username and password, or by requesting more information on any content or service available on the Site.\nYou may prevent the installation of cookies through your browser settings.\nin which case not all functionalities of the Site may be available to you depending on the browser settings.\nYou may also configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.\nSPN requests you to check your browser and/or contact the administrators to learn how to change your cookie preferences.<br> 3.3.2 SPN may also use Web Beacons in combination with cookies to understand how you interact with Site.\nWeb Beacons are typically transparent graphic images that are placed on the Site or in an email and allows the Site to measure your actions in opening the page that contains the Web Beacon.<br> 3.3.3 SPN may also use other asynchronous methods and / or technology in combination with / without other tracking technologies to understand a User’s interaction with Site and content residing therein.\n<br> 3.3.4 This Site may also use a web analytics service provider who may use an Analytics Tool.\nAnalytics Tools use cookies, text files, SDKs, APIs that are stored on your Device and allow an analysis of your use of the Site.\nThe information generated by the cookie about your use of the Site, including the IP address, may be transferred to and stored on a server of analytics service provider, <strong>which may not be located within India</strong> and who may use such information, to analyze your use of the Site, to create reports about the web site activities and to provide further services associated with the use of the Site.\nFurthermore, it may transfer such information to third parties, to the extent legally required or if such third parties process the data on behalf of the service provider.\nBy using the Site, you consent to such transfer of Personal Information including storage on servers not located within India.<br>\n<br>\n<strong>3.4 Third Party Payment Gateway – Financial Information<br>\n</strong> 3.4.1 The Site uses third party payment gateways to process payments made on the Site.\nThe third party payment gateway service providers would require certain financial information including your credit card / debit card / mobile telephony operator account / other banking information.\nOther than providing a confirmation upon receipt of payment against a membership account, SPN disclaims any and all liabilities in relation to your payment processing by such third party payment gateway service provider and the collection and processing of any information provided to the third party payment gateway service provider.\nWhile using such payment gateways to make payments to SPN, you will be required to accept the terms of use and privacy policies of such payment gateway service providers.\nWe request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service.\nYou agree and acknowledge that SPN shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to online fraud.\nYou can file / lodge any complaint with such payment gateways directly with the concerned third party payment gateway provider for redressal.<br> 3.4.2 SPN advises you to be careful about phishing emails and advises you to be cognizant of the fact that identity theft can be committed through e-mail or other means, such as regular mail, fax or telephone by phishing.\nPhishing is when you receive authentic-looking messages, but in reality it is sent by imposters using similar looking email addresses to obtain Personal Information especially personally sensitive data such as financial information.\nPlease remember that none of the payment gateways on the Site send e-mails that ask for unsolicited confidential information such as personally sensitive financial information by email and do not conduct or approve financial transactions over email.\n<br>\n</p>\n<br> 4.\nPurpose of collection and usage of personal information <p> 4.1 SPN may use the Personal Information collected for the following purposes, amongst others: <br> (1) process your registration;<br> (2) enable you to visit the Site and enjoy more seamless visits to the Site;<br> (3) enable you to use and receive the services offered on the Site, including e-mail communications informing you about the services and content provided by SPN through the Site.\n<br> (4) contact you with regard to your SPN Account and in connection with any services or content subscribed through the Site;<br> (5) tailor content and offers to you according to your preferences relating to business interests;<br> (6) improve and enhance the Site according to your preferences relating to business interests and relating to website usage.\nand <br> (7) other purposes specifically disclosed to you prior to the collection of your Personal Information or otherwise with your consent.\nSubject to your consent, we may provide you with marketing materials about other services and content offered by SPN on the Site and may share your Personal Information with our affiliated companies only for marketing purposes.<br>\n<br> 4.2 In particular, SPN may use tracking methods, mentioned hereinabove, for a number of purposes, including but not limited to:<br> 4.2.1 provide general internal and customer analytics;<br> 4.2.2 study traffic patterns in order to improve website performance, to customize the user experience, and to better match the users' interests and preferences;<br> 4.2.3 keep track of preferences you specify while you are using SPN’s content or services;<br> 4.2.4 recommendations of content to the user, based on usage;<br> 4.2.5 support security measures, such as requiring re-login into the Site after a certain amount of time has elapsed;<br> 4.2.6 when you login to the Site, cookies can also be used to save the username so that we can process the saved login information and quickly log you into the Site;<br> 4.2.7 assist in identifying possible fraudulent activities;<br>4.2.8 ensure if an email has been opened and acted upon.<br>\n</p>\n<br> 5.\nDisclosure <p> We may share Personal Information with the following parties:<br>\n<strong>5.1 When You Agree To Have Your Personal Information Shared<br>\n</strong> While on our Site, you may have the opportunity to opt-in to receive information and/or marketing offers from a third party or to otherwise consent to the sharing of your Personal Information with a third party.\nIf you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.<br>\n<br>\n<strong>5.2 Third Parties Providing Services on Our Behalf<br>\n</strong> We may from time to time employ third party service providers to perform functions on our behalf, such as hosting or operating our Site, hosting the Personal Information, executing interactive voice response programs, sending e-mail message communications, and providing data analysis services, within or outside India.<br>\n<br>\n<strong>5.3 Affiliate Sharing and Business Transfers<br>\n</strong>We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes.\nSubject to your explicit consent to receiving marketing materials from SPN affiliated companies, we may share your e-mail address and information on your preferences and interests with such affiliated companies in order for them to provide you with certain marketing and promotional communication.\nSPN or any of its assets, including the Site, may be acquired/merged/de-merged/spun-off and/ or any other transactions may occur in which your Personal Information is one of the business assets of the transaction, your Personal Information may be transferred.<br>\n<br>\n<strong>5.4 Legal Protections and Other Disclosures<br>\n</strong>We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties: to comply with a legal obligation.\nwhen we believe in good faith that the law requires it.\nat the request of governmental authorities conducting an investigation.\nto verify or enforce the Site's Terms of Use or other applicable policies.\nto respond to an emergency.\nor otherwise to protect the rights, property, safety, or security of third parties, Users or the public.\nPursuant to valid requests by law enforcement agencies, we may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion.\nSuch disclosures may be carried out without notice to you.<br>\n</p>\n<br> 6.\nSPN’S COMMITMENT TO PRIVACY AND CHOICES <p> 6.1 SPN respects your privacy and is committed to protecting the personally identifiable information that you provide, in connection with your use of its Site.\nSPN takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches.\nSPN has implemented a code of best practices for data protection which is compliant with the IS / ISO / IEC 27001 standard and hence in compliance with the standards set out under the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.<br>\n<br> 6.2 You understand that part of the services offered via the Site is providing you with information about the content offered via the Site.\nBy providing your email address in the registration process you consent to the receipt of such content information via email.\nYou may opt out of receiving e-mail newsletters by following the opt-out instructions provided to you in the e-mail communication.\nPlease note that we reserve the right to send you certain communications relating to your SPN Account or use of the Site in order to perform the requested services for you.\nThese transactional account messages will not be stopped even after you choose to opt-out from marketing communications.\nIn accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Site.\nSPN is under no obligation to store such Personal Information indefinitely and hereby expressly disclaim any liability arising out of, or related to, the destruction of such Personal Information.\nIn addition, you should be aware that it may not be possible to completely remove or delete all of your Personal Information from our databases in order to effectuate any opt-out preferences you have made due to technical concerns with data backup and contingency support.<br>\n<br> 6.3 SPN incorporates commercially reasonable safeguards to help protect and secure your Personal Information.\nHowever, in light of the fact that electronic data can be intercepted, corrupted, lost or destroyed, please note that SPN cannot ensure or warrant the security of any data, and your use of the Site is at your own risk.<br>\n<br> 6.4 You may contact us with your questions or comments or if you want to object to the processing and use of your personal information at: Sony Pictures Networks India Private Limited, Interface Building 7, 4th Floor, Off Malad Link Road, Malad (West), Mumbai – 400064, India.<br>\n</p>\n<br> 7.\nNOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY <p> SPN reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Privacy Policy in whole or in part, at any time.\nChanges to the Privacy Policy will be effective when posted.\nYou agree to review the Privacy Policy periodically to become aware of any changes.\nThe use of the Site after any changes to the Privacy Policy are posted will be considered acceptance of those changes by you and will constitute your agreement to be bound thereby.\nIf you object to any such changes, your sole recourse will be to stop using the Site.\n</p> " updated_at: - 2022-12-03 03:16:18.451510124 Z - 2022-12-03 03:16:25.185267178 Z
--- xpath: - https://www.sonyliv.com/terms-of-use - //*[@id="termsbody"] crawler_server: - - atlas updated_at: - 2022-12-03 04:15:02.025987000 Z - 2022-12-03 03:16:18.451510124 Z
--- text: - - " <strong>TERMS OF USE</strong>\n<p>\n<strong>© 2022 Sony Pictures Networks India Private Limited.\nAll rights reserved.</strong>\n</p>\n<br>\n<p>MyCollegeRomancePoster -Terms and Conditions </p>\n<p>&nbsp;</p>\n<p>Masterchief India -Terms and Conditions </p>\n<p> Indian Idol 13 - Terms and Conditions </p>\n<br>\n<p> Indian Idol 13 Voting - Terms and Conditions </p>\n<br>\n<p>\n</p>\n<br>\n<p> KBC 14 PLAY ALONG 2022 Terms and conditions </p>\n<br>\n<p> KBC 14 PLAY ALONG 2022 Terms and conditions Hindi </p>\n<br>\n<p> KBC 14 PLAY ALONG 2022 FAQ </p>\n<br>\n<p> KBC 14 PLAY ALONG 2022 FAQ Hindi </p>\n<br>\n<p>\n</p>\n<p> KBC JUNIOR FAQ </p>\n<br>\n<p>\n</p>\n<p> KBC JUNIOR Terms and Conditions </p>\n<br>\n<p>\n</p>\n<p> KBC JUNIOR Terms and Conditions Hindi </p>\n<br>\n<p>\n</p>\n<p> KBC JUNIOR FAQ's Hindi </p>\n<br>\n<p>\n<br>\n</p>\n<p>\n</p>\n<p> Shark Tank Season 2 - Terms and Conditions </p>\n<br>\n<p> Shark Tank Season 2 - FAQs </p>\n<br>\n<br> SonyLIV Offers <br>\n<p>Myntra Offer:</p>\n<p> Flat 10% up to Rs.999/- off on min spend of Rs.\n999/- on select styles on Myntra on purchasing SonyLIV Annual subscription.<br> For the catalogue: Click Here<br>\n<br>\n<b>Terms and Conditions:</b>\n<br> 1.\nGet Flat 10% up to Rs.999/- off on min spend of Rs 999- on the Myntra app or website on purchasing SonyLIV annual subscription<br> 2.\nThe Offer is valid from <b>31st May 2021 to 31st Dec 2021</b>.\nFor the catalogue : Click here<br>\n<br>\n<b>Process for availing this Offer:</b>\n<br> 1.\nOn viewing the Offer as promoted by Mytra, any customer wanting to avail the Offer is required to visit the SonyLIV app<br> 2.\nCustomer should then subscribe to the SonyLIV annual package and maky payments towards the same <br> 3.\nWhile subscribing to SonyLIV annual subscription the customer is required to enter the code \"MYNTRA\", which will enable the customer to receive a Myntra digital coupon code (\"<b>Code</b>\")<br> 4.\nThe customer can then redeem the Code on minimum spend of Rs.\n999/- on selected style on Myntra<br>\n<br>\n<b>Other Terms</b>\n<br> 1.\nThe Code can be used once per customer and multiple codes cannot be clubbed in a single order<br> 2.\nThis Offer is not valid at any of the alliance partner retail outlets/stores<br> 3.\nThe balance amount, after the discount is availed, will have to be paid by the customer at the time of purchase on Myntra<br> 4.\nIn no case, whatsoever, can the Code amount be refunded, encashed or partly encashed<br> 5.\nMyntra's Return and Exchange Policy offers you the option to return or exchange items purchased on Myntra's application within 30 days of the receipt.\nIn case of return of the purchased item, please refer to the \"Return Policy\" on the website/ app or call Myntra Customer care<br> 6.\nAll orders would be subject to availability at the time of purchase and will be governed by the standard terms and conditions listed on the Myntra App<br> 7.\nAll disputes arising out of or in connection to this Offer are subject to exclusive jurisdiction of the courts in Bangalore only<br> 8.\nDisclaimers: Sony Pictures Networks India Pvt.\nLtd.\n(\"<b>SPNI</b>\") is not responsible for any dispute and/or claims by any customer in relation to this Offer<br> 9.\nMyntra and/or SPNI is not responsible for any typographical error leading to the code being invalid<br> 10.\nPlease contact Myntra's customer care - 08061561999 for any queries in relation to this Offer<br>\n</p>\n<br>\n<br>\n<p>AJIO Offer:</p>\n<p> Offer: User can avail the offer of Flat Rs.1000 on minimum purchase of Rs.3000.<br> For the catalogue: Click Here<br> Offer will be applicable on specified product on this link<br>\n<br>\n<b>Terms and Conditions:</b>\n<br> 1.\nOffer will be applicable on specified product on this link: Click Here<br> 2.\nUser can avail the offer upto Rs.1000 on minimum purchase of Rs.3000.<br> 3.\nOffer can redeemed on or before 30th June 2021.\n<br> 4.\nOffer is applicable once per user.<br> 5.\nOffer cannot be combined with any other promotion offered by Sony Liv or AJIO.<br>\n<br> In case of any issues, users may contact SONY Liv at [livsupport@sonyliv.com].\nIn case of any issues or questions relating to Sony Liv Promotion Offer, Users may contact AJIO at [https://www.ajio.com/selfcare].\n</p>\n<br>\n<br>\n<strong>TERMS AND CONDITIONS – REFERRAL PROGRAM</strong>\n<br>\n<p> These Terms and Conditions apply to SonyLiv's Referral Program (\"Referral Program\") as being made available by Sony Pictures Networks India Private Limited (\"Sony\").\nBy participating in this Referral Program, it is construed that you have read and understood the Terms and Conditions set forth below and agreed to abide by the same.\n</p>\n<br> 1.\nELIGIBILITY <p> 1.1.\nAndroid and Web users with existing subscriptions purchased directly through the platform (\"Referrer(s)\") may be eligible to participate and avail the benefit of this Referral Program as shall be intimated by SonyLIV.\nUsers with subscriptions purchased from third parties through iOS, BSNL, Jio STB, Tata Sky Binge or as part of a bundle pack are not eligible to participate or avail the benefit of this Referral Program.\n</p>\n<br> 2.\nHOW THE REFERRAL PROGRAM WORKS <p> 2.1.\nThis Referral Program enables Referrers to share a unique referral link/ Referral coupon code as may be made available to the Referrer by SonyLIV (\"Referral Link(s)/Referral coupon code(s)\") to friends, family or any other personal connections through various means of communication, including Email, Text messages, WhatsApp and other Social media platforms.\n<br>\n<br> 2.2.\nAny person who purchases a SonyLiv subscription through this Referral link/ Referral coupon code is termed as \"Referee(s)\", and upon successful purchase of the subscription, both Referrer and Referee receive a complimentary extension to their subscription and the duration of such complimentary extension shall be dependent of the subscription purchased by the Referee(s) and shall be intimated to the Referee and Referrer by SonyLIV at the time of purchase of the subscription and making available of the Referral Link(s)/ Referral coupon code(s) respectively (\"Benefit\").\n<br>\n<br> 2.3 Referre(s) should purchase the subscription via Referral through web application or Android mobile App only.<br>\n<br> 2.4 Sony reserves the right to withdraw or discontinue and/or terminate the Referral Program at any stage without prior notice and without any liability whatsoever to the Referrer's and Referee's.<br>\n<br> 2.5 By participating in the Referral Program, each Referrer and Referee agrees to follow these Terms and Conditions and is deemed bound by any decisions made by Sony in its sole discretion, including any interpretations of the Terms and Conditions.<br>\n<br> 2.6 Sony has the right to amend (add, delete or modify) the Terms and Condition governing the Referral Program, prospectively or retrospectively, at its discretion and without prior notice.<br>\n<br> 2.7 Referrer's and Referee's participation in the Referral Program by sharing the Referral Link(s)/ Referral coupon code(s) and availing the Referral Link(s)/ Referral coupon code(s) respectively shall be deemed as an acceptance of the above stated Terms and Conditions.<br>\n<br> 2.8 To clarify and as an example, SonyLiv Premium users will receive the Benefit on their Premium subscription, upon a Valid Referral.\n</p>\n<br> 3.\nVALID REFERRAL <p> 3.1.\nIn order to qualify as a Valid Referral and avail Benefit, the Referee must not be an existing or subscriber of SonyLiv (\"Platform\") and must purchase a fresh subscription through the Referral Link/ Referral coupon code.<br>\n<br> 3.2.\nFor the purposes of these Terms and Conditions, a Subscription will only be deemed to have been effectuated by when the Referral Link/ Referral coupon code shared by the Referrer is utilized by the Referee to purchase a SonyLiv subscription.\nThe Referral Link/ Referral coupon code will only be considered to have been utilized if SonyLiv's internal system log recognizes the Referral Link/ Referral coupon code and the consequent purchase arising therefrom as valid.<br>\n<br> 3.3.\nAny decision with regards to whether a Referral Link/ Referral coupon code has been utilized or not shall be made solely at Sony's discretion and shall be final and binding.\n</p>\n<br> 4.\nSHARING REFERRAL LINKS / REFERRAL COUPON CODES <p> 4.1.\nReferral Links/ Referral coupon codes can only be shared for personal and non-commercial purposes to personal connections such as friends, family, colleagues under these Terms and Conditions.\n<br>\n<br> 4.2.\nReferral Links/ Referral coupon codes cannot be advertised, marketed, or shared in any manner for commercial purposes (such as on voucher websites, reddit, wikipedia, blogs, mass emailing etc.) <br>\n<br> 4.3.\nThe Referral Links/ Referral coupon codes are to be shared in a way in which there is reasonable basis for believing that all the recipients are personal connections.\n<br>\n<br> 4.4 The Referral Links/ Referral coupon codes have self-validity and they will be expired in certain period of time as mentioned in the communications to the users.\n</p>\n<br> 5.\nMULTIPLE REFERRALS <p> 5.1.\nThere is no maximum limit on the number of times the Referrer may share a Referral Link/ Referral coupon code.\nIn case multiple Referral Links/ Referral coupon codes sent by the same Referrer are redeemed, the Referrer can avail repeated extensions to his existing subscription up to a maximum of 3 months.\nTo clarify, even if more than 3 Referral Links/ Referral coupon codes sent by a single Referrer are successfully redeemed by various Referees, the Referrer's complimentary extensions will not extend beyond 3 months.\n<br>\n<br> 5.2.\nThe Referee can use only one (1) Referral link/ Referral coupon code to purchase his subscription and avail the Benefits of the Referral Program.\nIf a Referee receives Referral Links/ Referral coupon codes from multiple Referrers, only the Referrer whose Referral Link/ Referral coupon code is used by the Referee will receive the Benefit along with the Referee.\n</p>\n<br> 6.\nRESTRICTIONS <p> 6.1.\nThe Benefits under this Referral Program is applicable only on purchase of a fresh subscriptions through the Referral Link/ Referral coupon code and cannot be utilized to upgrade a pre-existing subscription.<br>\n<br> 6.2.\nReferees cannot use both Referral Link or Discount Code to purchase their subscription.\nIn case a Referee attempts to purchase a subscription using the referral code and applies a discount coupon, the Referee will only get the benefit of the discount coupon and not this Referral Program.<br>\n<br> 6.3.\nIn case a Referral Link/ Referral coupon code shared by a Referrer is redeemed after expiration of the Referrer's own subscription, the benefits under this Referral Program cannot be availed by the Referrer.\nThis will have no impact, however, on the Benefits applicable to the Referee under this Referral Program and the Referee will be eligible for the Benefit on their newly purchased subscription.\n<br>\n<br> 6.4.\nIn case a Referrer upgrades his subscription from one SonyLIV pack to another, the Benefit availed for existing pack will not be carried forward to the new subscription pack purchased by the Referrer.<br>\n<br> 6.5.\nReferrers cannot use their own Referral Link/ Referral coupon code to purchase a subscription.\nReferrers can only avail the benefit of the Referral Program upon a valid referral under these terms to another Referee.\n<br>\n<br> 6.6.\nThe Referral Program is valid for user in India and for purchase of subscription on the SonyLIV platform in India.\n</p>\n<br> 7.\nRELATIONSHIP <p> 7.1.\nNeither these Terms and Conditions, the relationship created pursuant to these Terms and Conditions, nor any course of dealing between you and Sony is intended to create, or shall create, an employment relationship, a joint venture, partnership or any similar relationship.\nYou agree that you are not entitled to any of the rights or benefits afforded to Sony employees.<br>\n<br> 7.2.\nYou are not bound in any way to participate in this Referral Program.\nAny participation is voluntary.\n</p>\n<br> 8.\nINDEMNITY <p> 8.1.\nYou shall indemnify, defend and hold harmless Sony Picture Network Ltd and its employees, directors, officers, and agents from and against any claim, loss, actions, damages, penalties, liability, expenses, cost (including reasonable attorneys' fees and court fees) arising out of (i) any breach of warranty, representation, obligation, or undertaking made by the you under these Terms and Conditions.\n(ii) the misconduct or negligent acts or omissions by you.\nor (iii) any breach of applicable law by you.\n</p>\n<br> 9.\nLIMITATION OF LIABILITY <p> 9.1.\nSony shall not be liable to for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the Referral Program.\n<br>\n<br> 9.2 Sony is not responsible for any errors or omissions in the terms and conditions contained herein.\nAll information provided in the Referral Program is provided \"As is\" without warranty of any kind.\nSony makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Referrer, Referee and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability or fitness for any particular purpose.\n</p>\n<br> 10.\nGOVERNING LAW AND JURISDICTION <p> 10.1.\nThese Terms and Conditions shall be governed by the laws of India, without giving effect to any choice of law or conflict of law rules.\nThese Terms and Conditions would be modified / discontinued based on the prevailing law /regulation at any point of time and Sony shall be under no liability or obligation or continue implementation of the Referral Program till such time the terms are modified as per the prevailing/ amended law at that point of time.\nIn the event, that the Referral Program cannot be continued without total compliance of the prevailing law at any point of time, this Referral Program shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Referral Program comes into force.\n<br>\n<br> 10.2.\nTo the extent permitted by applicable law, the Referrer agrees that any and all disputes, claims, and causes of action arising out of or relating to these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of Mumbai.\n</p>\n<br> 11.\nSEVERABILITY <p> 11.1.\nIf any provision of these Terms and Conditions is held to be unenforceable or invalid, the said provision shall be modified to the extent necessary or struck, and, in any event, the remaining provisions will continue to be valid and enforceable.\n</p>\n<br> 12.\nNO WAIVER <p> 12.1.\nOur failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision </p>\n<br> 13.\nRIGHT TO DISQUALIFY <p> 13.1.\nSony reserves the right to disqualify You from the benefits of the Referral Program, if any fraudulent activity is identified as being carried out by You for the purpose of availing the benefits under the Referral Program or otherwise by use of the service.\n</p>\n<br> 14.\nTAXATION <p> 14.1.\nAny taxes, duties, levies or liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by You and Sony will not be liable in any manner whatsoever for any such taxes, duties, levies or other statutory dues.\n</p>\n<br>\n<br>\n<p> PLEASE READ.\nYOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND OUR&nbsp;PRIVACY POLICY.\nBY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR&nbsp;PRIVACY POLICY </p>\n<p> These Terms of Use (\"Terms\") apply to the websites, web pages, interactive features, applications, widgets, blogs, social networks, social network \"tabs,\" alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means (each, a \"Site,\" and collectively, the \"Sites\").\nThe Sites are offered by Sony Pictures Networks India Private Limited (\"SPN\") or other companies associated with&nbsp;SPN&nbsp;(collectively, \"SPN,\" or \"we\", \"us\", \"our\").\nThese Terms govern your rights and responsibilities in connection with the particular Site you are using (referred to sometimes as \"the\" Site).\nThe term Site includes the content on that Site, all of our services provided on or through that Site (the \"Site Services\"), and any software that we make available on or through that Site (the \"Software\"), unless otherwise specified.\nYou \"use\" the Site anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site).\nYour use of the Site (or any part thereof) signifies your agreement to be bound by these Terms and the SPN Privacy Policy&nbsp;(the \"Privacy Policy\"), which is hereby incorporated by this reference into these Terms.\nThese Terms constitute a legally binding agreement between You and SPN regarding your use of the Site and the services that allows for the distribution and reception of video, audio, and other content through such Site.\nDo not use the Site if you do not agree with any of the terms contained herein.\nBy accessing the Site Service and/or by clicking \"I agree\", You agree to be bound by these Terms.\nYou hereby represent and warrant to SPN that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions.\nWhile individuals under the age of 18 may utilize the Site Service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms.\nIn certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Site Service.&nbsp;Given the nature of the Internet, even though the Site is ordinarily (but not always) targeted to Indian (\"India\") residents, it may be accessed in other parts of the world.\nIf you are not a Indian resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Site complies with all applicable local laws in the jurisdiction from where you access or use the Site.\n</p>\n<p> IF YOU ARE NOT A Indian RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON SPN'S (OR ITS DESIGNATED VENDORS') SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY INDIAN LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.\n</p>\n<p> SPN reserves the right at its sole discretion, to change, modifies and/or adds to these Terms or to the&nbsp;Privacy Policy, in whole or in part, at any time.\nChanges to these Terms or the&nbsp;Privacy Policy&nbsp;will be effective when posted.\nYou agree to review these Terms and the&nbsp;Privacy Policy&nbsp;periodically to become aware of any changes.\nYour use of the Site or any part thereof after any changes to these Terms or the&nbsp;Privacy Policy&nbsp;are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.\nIf you object to any such changes, your sole recourse will be to stop using the Site.\nYour use of certain Site features, functionality, programs or Services (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, photo or video or other User Submissions (as defined below) uploading/posting opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional or special terms and conditions (\"Special Rules\"), and before you use any such features, functionality, programs or Services you may be required to indicate your acceptance of such additional Special Rules.\nAll Special Rules are incorporated into these Terms as if fully set forth herein.\n</p>\n<strong>OWNERSHIP.\nRESTRICTIONS ON USE</strong>\n<p> The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by SPN and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws.\nYou acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any materials - e.g., key art, title treatment, clips, stills, music tracks, etc.\n- used in your User Submissions that may have been licensed to you by SPN for use in your User Submissions, for example in connection with a contest or other program or feature offered on the Site (such content referred to as the \"SPN Licensed Assets\")).\nand/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled&nbsp;&nbsp;LICENSES GRANTED TO YOU, subject to the conditions set forth in the&nbsp;YOUR RESPONSIBILITIES&nbsp;section below and the other terms and conditions of these Terms.\nExcept in connection with your own User Submissions (and then only to the extent you control them), or unless expressly authorized by SPN pursuant to these Terms or otherwise, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof.\nAny of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of SPN and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.\n</p>\n<strong>LICENSES GRANTED TO YOU</strong>\n<p> Subject to these Terms (including, without limitation, the&nbsp;&nbsp;section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a \"License\"): </p>\n<ul>\n<li> a.\nThe License to access, view and otherwise use the Site (including, without limitation any Site Services provided on or through the Site) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site.\n</li>\n<li> b.\nThe License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a \"Site Widget\") for your personal, lawful use only.\n</li>\n<li> c.\nThe License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as \"sharing\" functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your \"Personal Social Media\"), and/or, if the Site provides \"widget grabbing and embedding\" functionality, to \"grab\" a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media.\n</li>\n<li> d.\nThe License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides \"widget grabbing and embedding\" functionality, to \"grab\" a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends.\n</li>\n<li> e.\nif the Site includes a \"Send to Friend\" or similar tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site's servers convey your message to your friend.\n</li>\n<li> f.\nif the Site includes a \"Download\" link next to a piece of Site content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), the License to download a single copy of such content to a single computer, mobile or other permitted device for your personal, non-commercial use only.\n</li>\n<li> g.\nthe Site also includes a \"watch later\" tool that enables you to select a particular content which get saved into your watch list and the same can be viewed later.\n</li>\n<li> h.\nif the Site enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device in machine-executable object code form only and make one additional copy for back-up purposes.\nprovided, however, that you understand and agree that (i) by allowing you to download the Software, SPN does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be SPN and/or its third party Software licensor) will retain full and complete title to such Software.\n(ii) you shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of SPN.\n(iii) you shall not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect.\n(iv) you shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.\nand (v) because the laws and regulations of the India restrict the export and re-export of commodities and technical data of India origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of India or any foreign jurisdiction.\n</li>\n</ul>\n<p> The License to obtain a registered personal account (and/or related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar Services offered on the Site.\nand </p>\n<p> The License to use any other functionality expressly provided by SPN on or through the Site for use by users, subject to these Terms (including, without limitation, functionality to create and/or Submit User Submissions).\n</p>\n<strong>YOUR RESPONSIBILITIES</strong>\n<p> Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following: </p>\n<ul>\n<li> a.\nyou will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (\"Applicable Laws\"), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.\n</li>\n<li> b.\nyou will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content.\n</li>\n<li> c.\nyou will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site.\n</li>\n<li> d.\nyou will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.\n</li>\n<li> e.\nyou will not use any one or more of the LICENSES GRANTED TO YOU (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so.\n</li>\n<li> f.\nyou will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof).\n</li>\n<li> g.\nyou will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site content.\n</li>\n<li> h.\nyou will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content, Software or Site Services.\n</li>\n<li> i.\nyou will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content.\n</li>\n<li> j.\nyou will not use any of the rights granted to you or any of the Site content or Site Services in a manner that suggests an association with any of SPN's products, services or brands, unless otherwise specifically permitted by SPN.\n</li>\n<li> k.\nyou will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to SPN's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials.\n</li>\n<li> l.\nyou will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.\n</li>\n<li> m.\nyou will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of SPN or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative).\n</li>\n<li> n.\nyou will not do anything on the Site that would prevent other users' access to or use of the Site or any part thereof.\n</li>\n<li> o.\nyou will be responsible for maintaining the confidentially of any username or password associated with access to the Site (including, without limitation, in those instances in which the Site uses the account creation mechanism and management of a third party's social network, website or device), and you are solely responsible for all activities that occur under your username and/or password.\nand </li>\n<li> p.\nyou will use the Site and the Licenses at all times in compliance with these Terms and all Applicable Laws.\n</li>\n</ul>\n<strong>USER SUBMISSIONS.\nGRANT OF LICENSE TO SPN.\nYOUR WARRANTIES AND REPRESENTATIONS</strong>\n<p> The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or by means of the Site to other destinations, such as social networking pages (including, without limitation, to your Personal Social Media) (collectively, \"Submit\"), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your \"User Submissions\"), and such User Submissions will generally be available to all users of the Site or to others using the destinations (such as for example social networking pages) where you have submitted your User Submissions.\nBy Submitting your User Submissions on or by means of the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom.\nExcept as may otherwise be provided in any Special Rules, it is not SPN's regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but SPN may do so in its sole discretion.\nWhen you Submit (or attempt to Submit) your User Submissions on or by means of the Site, you automatically grant to SPN and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licenseable to multiple tiers of sub-licensees, non-exclusive right and license (the \"SPN License\") to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet and mobile resources and applications), store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in SPN's (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else.\nThe SPN License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or SPN terminates your access to the Site.\nNOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO SPN OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT SPN AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE SPN LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS.\nEVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO SPN THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE SPN AND/OR ANY OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE SPN LICENSE.\nYou acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) SPN and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions.\nBecause of the viral nature of social media, you should not submit any content or information to SPN that you do not want to be viewed and \"shared\" or otherwise distributed by others.\nIn connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to SPN the SPN License.\n(ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and SPN will not be responsible for such obligations.\n(iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.\n(iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable Laws or these Terms, or violative of any person's publicity or privacy rights.\nand (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party.\nYou agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to SPN upon SPN's request.SPN is not responsible for any loss, theft or damage of any kind to any User Submissions.\nYou acknowledge that SPN does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that SPN (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by SPN in its sole discretion.\nSPN shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that violate these Terms or are otherwise objectionable, as determined by SPN in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Site Services, features or functionality available on or through the Site).\nSPN does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of SPN or any of its affiliates.\nSPN disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against SPN or any of its affiliates with respect to such User Submissions.\n</p>\n<p> If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time.\nNonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and SPN may maintain copies for archival purposes.\nSPN reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part) or any of SPE's products or services.\nYou acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.\nThese provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.\n</p>\n<p> Users hereby acknowledge that certain content on the App is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed, which would be evident from the CBFC certificate displayed.\nSuch content may include graphic visual depictions and descriptions of activities that may NOT be accessed by anyone who has not attained the age of majority.\nShould users choose to access such adult content, users shall be making the following representations: </p>\n<ul>\n<li> a.\nthat the user has attained the age of majority, or at least 18 years of age, and has the legal right to access and / or possess content meant for adults.\n</li>\n<li> b.\nthat the user has voluntarily chosen to access such content, because he / she wants to view the same and does not find the said content to be offensive or objectionable.\n</li>\n<li> c.\nthat by viewing any part / portion of content certified \"A\" by the CBFC available on the application, the user agrees that the user shall not hold the owners of the application or its employees responsible for any said materials.\n</li>\n<li> d.\nthat the user will exit this site immediately should he / she be in anyway offended by the adult nature of the content.\n</li>\n<li> e.\nthat the user understands and agrees to abide by the standards and laws of India or the jurisdiction from which it is being accessed.\n</li>\n</ul>\n<strong>DISCLAIMER OF WARRANTIES</strong>\n<p> YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.\nTHE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED \"AS IS\" \"WITH ALL FAULTS\" AND \"AS AVAILABLE.\" TO THE FULLEST EXTENT PERMITTED BY LAW, SPN AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).\nNeither SPN nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet or mobile resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content.\n(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof).\n(iii) any unauthorized access to or use of SPE's secure servers and/or any and all personal information stored therein.\n(iv) any interruption or cessation of transmission to or from the Site.\n(v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party.\nand/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site and/or otherwise through your or any other Site users' exercise of any rights under any of the Licenses granted by SPN herein.\nSPN reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site (including, without limitation any of the Site Services).\n</p>\n<strong>LIMITATION OF LIABILITY</strong>\n<p> YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SPN OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.\n</p>\n<strong>EXCLUSIONS AND LIMITATIONS</strong>\n<p> Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.\nAccordingly, some of the above limitations and disclaimers may not apply to you.\nTo the extent SPN may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SPE's liability shall be the minimum permitted under such applicable law.\n</p>\n<strong>INDEMNIFICATION</strong>\n<p> You agree to indemnify and hold harmless SPN and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions.\n(ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms.\n(iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms.\n(iv) your violation of any person's intellectual property, privacy, publicity or other right.\n(v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part).\nor (vi) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part).\nSPN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SPN in asserting any available defenses.\nThis provision shall remain in full force and effect notwithstanding any termination of your use of the Site.\n</p>\n<strong>COPYRIGHT INFRINGEMENT NOTIFICATION.\nDESIGNATED COPYRIGHT AGENT</strong>\n<p> SPN respects the intellectual property rights of others.\nUpon proper notice, SPN will remove User Submissions (and any other Site content) that violate copyright law.\nAs per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, SPN shall remove upon receiving written notification of claimed copyright infringement on the Site and for processing such claims in accordance with such law.\nIf you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an \"Infringement Notification\") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed.\n(ii) identification of the claimed infringing material and information reasonably sufficient to permit SPN to locate the material on the Site.\n(iii) information reasonably sufficient to permit SPN to contact you, such as an address, telephone number, and, if available, an e-mail address.\n(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.\n(v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.\nand (vi) your physical signature.\n</p>\n<p>\n<strong>Legal Department</strong>\n</p>\n<p> Sony Pictures Networks India Private Limited </p>\n<p>Interface Building No.7,</p>\n<p>Off Malad Link Road, </p>\n<p>Malad (W),</p>\n<p>Mumbai- 400064</p>\n<p> By submitting an Infringement Notification, you acknowledge and agree that SPN may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.\n</p>\n<strong>BINDING ARBITRATION</strong>\n<p> This Agreement shall be governed by and interpreted and construed in accordance with the laws of India, except with respect to choice of law principles.&nbsp.\nAll disputes arising in connection with this Agreement shall be finally settled under the Arbitration &amp.\nConciliation Act of 1996 by one or more arbitrators appointed in accordance with such Act.&nbsp.\nThe venue of the arbitration shall be Mumbai, India and the language of the arbitration shall be English.&nbsp.\nThe parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.&nbsp.\nNeither party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and decided by arbitration as herein provided and then only for the enforcement of the arbitrator's award.\nprovided, however, that the parties hereto shall be permitted to seek temporary or preliminary equitable relief in a court prior to the initiation or resolution of any arbitration proceeding hereunder.\nThis provision shall remain in full force and effect notwithstanding any termination of your use of the Site.\n</p>\n<strong>SEVERABILITY.\nWAIVER</strong>\n<p> If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.\nThe failure of SPN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.\nYou agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.\nThis provision shall remain in full force and effect notwithstanding any termination of your use of the Site.\n</p>\n<strong>TERMINATION</strong>\n<p> You understand and agree that SPN may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to or by means of the Site and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site, for any reason.\nSPN may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice.\nYOU UNDERSTAND AND AGREE THAT SPN MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER SPN NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE.\nYou may discontinue your access to, use or participation on or by means of the Site at any time.\n</p>\n<strong>INJUNCTIVE RELIEF</strong>\n<p> Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any SPN or any SPN affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project.\nThis provision shall remain in full force and effect notwithstanding any termination of your use of the Site.\n</p>\n<strong>CHANGES IN SITE OWNERSHIP</strong>\n<p> You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable SPN database, to the extent SPN assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of SPE's assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular Site, to a subsequent owner or operator.\nIn the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of use and privacy statement of the Site's subsequent owner or operator.\nThis provision shall remain in full force and effect notwithstanding any termination of your use of the Site.\n</p>\n<strong>SPECIAL RULES FOR LIV SERVICE</strong>\n<p> LIV SERVICE, REGISTRATION AND ACCESS TO USE&nbsp;The LIV Service is an online portal service providing its members with various contents by way of streaming over the Internet to the LIV Service ready devices which will include mobile and similar other handheld devices and by way mobile applications.\n</p>\n<ul>\n<li> 1.\nRegistration To register for the LIV Service you shall be required to do the following: Open an account by completing the registration process (i.e.\nby providing us with current, complete and accurate information as prompted by the applicable registration form).\nYou also will choose a password and a user name.<br>You are entirely responsible for maintaining the confidentiality of your password and account.\nIn particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children.\nHence, you may not share your log in credentials with your children.<br>You expressly agree to absolve SPN and/or the LIV Service of any responsibility / liability in this regard.<br>Facebook Connect: You may also register for the LIV Service by using your Facebook username and password.\nIf, however, you are under 18 years of age, you may log in to LIV Service using Facebook Connect and utilize the LIV Service only under the supervision of your parent or legal guardian.\nUsing Facebook Connect allows SPN to personalize and enhance your experience while using the LIV Service, based on your personal information, profile, likes, and other relevant information.\nWhen you use this feature, you expressly consent to information about your activity on the LIV Service (i.e.\nwhat you have watched, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook.\nYou may control the information being shared through Facebook Connect by changing your account / privacy settings.<br>By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site.\nEach registration is for a single individual user only.<br>\n</li>\n<li> 2.\nSubscription To facilitate your viewership and access, the Services have been packaged by SPN through different models.\nContent or Services may be accessible free of charge which may include advertisements or commercials or via subscription or a pay-per-view model with or without advertisements / commercials or with a combination of the foregoing on the Site or via an application accessible on your mobile phones, tablets and / or other IP based connected devices.<br>On account of the nature of the Internet, this Site and the Services may be accessed in various geographical locations.\nand You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at your own risk, choice and initiative and You agree and undertake to ensure that your use of the Site and the Services complies with all applicable laws including the local laws in your jurisdiction.\nPlease note that the availability of, and your ability to access, the Content or some part of Services, is subject to SPN's sole discretion and may be dependent upon your geographical location and not all Content or Services will be available to all viewers.\nFurther, such Services and Content may vary on various parameters such as specifications, device, Internet availability and speed, bandwidth, etc.\nand You agree and acknowledge that SPN may monitor or use certain technologies and monitoring of activities including logging of Your IP address to ascertain and verify your geographical location.<br>\n</li>\n</ul>\n<p> To be able to view certain premium content (\"Premium Content\"), you will be required to subscribe to any one subscription plan (\"Plan\") of the LIV Service viz., daily plan, weekly plan or monthly plan to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of SPN.\n</p>\n<p> To be able to view certain premium content (\"Premium Content\"), you will be required to subscribe to any one subscription plan (\"Plan\") of the LIV Service viz., daily plan, weekly plan or monthly plan to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of SPN.\n</p>\n<p> Non registered users can make subscriptions to access the Premium Content through the guest checkout method available (\"Guest Checkout\").\nThe User will be able to purchase as well as redeem through the process mobile verification.\nUser will be asked for his mobile number which will be verified through a one-time password (OTP).\nOnce verified the user will be able to purchase a subscription pack or watch such Premium Content upon a one-time transaction for a validity period of three (03) days.\nUser can redeem this purchase on any other device supported by SonyLIV.\n</p>\n<p>Access to use:&nbsp;</p>\n<p> To access the LIV Service, you will be asked to enter your individual user name and password, as chosen by you during your registration.\n</p>\n<ul>\n<li> a.\nAny other person sharing your account and Password.\n</li>\n<li> b.\nAny part of the Site being cached in proxy servers and accessed by individuals who have not registered with SPN as users of the Site.\nor </li>\n<li> c.\nAlternatively, in the event a user does not want to share register himself, he may use the Guest Checkout option to access LIV Service.\n</li>\n<li> d.\nUser will be permitted to login into a maximum of two (2) separate sessions concurrently which could be on the same devices or another.\nIn the event user tries to log into the third (3rd) session, user will be automatically logged out from the oldest session.\nIt must be noted that on web platforms, the session will be cleared after every 24hrs.\n</li>\n</ul>\n<p> Access through a single account and Password being made available to multiple users on a network.\n</p>\n<p> If SPN reasonably believes that an account and password is being used / misused in any manner, SPN reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address.\nFurthermore, you shall be entirely responsible for any and all activities that occur under your account.\nYou agree to notify SPN immediately of any unauthorized use of your account or any other breach of security.\nSPN will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by SPN or another party due to someone else using your account or password.\n</p>\n<p> To be able to view any Premium Content, you will be asked to enter your user name and password after which you shall have to subscribe to any of the Plans as mentioned above and follow the payment procedure as prescribed here below.\n</p>\n<p> Availability: The availability of contents to view through LIV Service will change from time to time at the sole discretion of SPN.\nThe quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.\nYou are responsible for all Internet access charges.\nPlease check with your Internet provider for information on possible Internet data usage charges.\n</p>\n<p> Geographic Limitation:&nbsp;You may watch a video through the LIV Service only in geographic locations where SPN offers the LIV Service.\nThe content that may be available to view will vary by geographic location.\nSPN may use technologies to verify your geographic location.\n</p>\n<p> LIV Service streaming software:&nbsp;The LIV Service streaming software is developed and designed to enable only streaming of content from the LIV Service through the LIV Service ready devices.\nThis software may vary by device and medium, and functionalities may also differ between devices.\nThis software is licensed to you pursuant to these Terms and solely for the purpose of using the LIV Service and for no other purpose whatsoever.\nSPN does not warrant the performance of the software, including its continuing compatibility with the LIV Service.\nAny unauthorized use of the software is strictly prohibited and LIV Service reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the LIV Service through such software at any time, without prior or any notice.\nWhen you use a LIV ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site.\nThe LIV streaming software permits only streaming of the content available on the LIV services and restricts the download and storage of such content.\n</p>\n<strong>BILLING</strong>\n<p> We use third party payment gateways to process payments made to SPN.\nThe third party payment gateway service provider will require certain financial information including your credit card / debit card or other banking information.\nOther than providing a confirmation upon receipt of payment against a membership account, SPN disclaims any and all liabilities in relation to your payment processing by such third party payment gateway service provider and the collection and processing of any information provided to party payment gateway service provider.\nWhile using such payment gateways to make payments to SPN, you will be required to accept the terms of use and privacy policies of such payment gateway service providers.\nWe request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service.\nYou agree and acknowledge that SPN shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.\nYou can file / lodge any complaint related to payment transfer directly with the concerned third party payment gateway provider for redressal.\n</p>\n<p> You may be required by the payment gateways to sign direct debit mandates to allow the amount owed by you to be debited directly from your bank account in accordance with the relevant regulations.\nYou agree to keep such mandate in place until termination of your Subscription Plan and / or until all monies due to SPN have been paid in full (whichever is later in time).\nFailure to do the same shall bring forth the levy of a penalty.\n</p>\n<p> Where Transaction Charges are based upon a currency other than Indian rupees, the exchange rate for the purposes of calculating the Service Fees will be based upon the exchange rates published by the payment gateway on the date when such Fees are calculated by the billing system.\nSPN disclaims any and all liabilities in relation to the exchange rate and your payment processing by such third party payment gateway service provider.\n</p>\n<p> Payment for subscribing for you choice of Plan </p>\n<p> By signing up for the LIV Service, you are expressly agreeing that SPN is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the LIV Service through any such payment method including but not limited to credit/debit card, net banking or other payment method accepted by SPN (\"Payment Method\") that you provided during registration.\nAndroid users can make subscriptions through such Payment Methods.\nIOS users, however, will have to make subscriptions through separate payment gateways (through in app purchases) and not by way of the Payment Method as described herein.\nIf you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account.\nIf your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.\nAs used in these Terms, \"billing\" shall indicate either a charge or debit, as applicable, against your Payment Method.\n</p>\n<p> The subscription fee will be billed at the beginning of your subscription membership and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel your subscription or the subscription is otherwise suspended or discontinued pursuant to these Terms.\" SPN will be automatically billing as per your Payment Method for each subscription period.\nTo see the commencement date for your next renewal period, go to the billing information section on your account page.\nSPN shall request to bill your Payment Method for each subscription period on the calendar day corresponding to the commencement of your subscription.\nHowever, if you change your Payment Method or subscription plan, this could result in changing the calendar day upon which you are billed.\nIf SPN changes the subscription fee or other charges for the LIV Service from time to time, SPN will give you an advance notice of these changes by email.\nHowever, SPN will not be able to notify you of changes in any applicable taxes.\nAll fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content.\nAny changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed.\nSimilarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period.\nIn case you require a change in the subscription plan and/or services prior to the expiry of the then current subscription period, then SPN shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period.\n</p>\n<p> It is hereby agreed and acknowledged by the User that he shall have to pay a subscription fee to access and view even the Non- Premium Content in certain territories as decided by SPN at its sole discretion.\n</p>\n<p> In order to sustain the LIV Service, it is important that you honor the payment obligations to which you have agreed.\nAccordingly, SPN reserves the right to pursue any amounts you fail to pay in connection with the LIV Service.\nYou will remain liable to SPN for all such amounts and all costs incurred by SPN in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.\nYou also understand and acknowledge that SPN only facilitates the third party payment gateway for processing of payment.\nThis facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider.\nYou are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like.\n</p>\n<p> You agree and acknowledge that SPN shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.\nYou can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal.\nYou may be offered a free trial period, deals, discounts and such other offers at the start of your membership of LIV Service, solely at the discretion of SPN.\nThe duration and the terms of such free trial period, deals, discounts and such other offers shall be at the discretion of SPN and shall be specified during sign up.\nFree trials may not be combined with any other offer(s).\nFree trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc.\nBilling will automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period.\nIt is hence recommended that you keep track of your account, including the date when the free trial period ends.\nYou may cancel your membership at anytime.\nhowever, there are no refunds or credits for partially used periods.\nIt must be noted that subscription for LIV Services shall not provide as an entry into any contests or events of SPN.\n</p>\n<p>&nbsp;</p>\n<strong>SUBSCRIPTION MEMBERSHIP PLANS</strong>\n<ul>\n<ul>\n<li>\n<strong>MEMBERSHIP PLANS<br>\n</strong>\n</li>\n<ul>\n<li> 1.1 We offer our users access to audio-visual entertainment in the form of LIVE TV channels, full length feature films, non-feature film videos, promotional videos, music videos and various other content (\"Content\") through a number of membership plans, including special promotional plans or memberships with different limitations.\nSome of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services.\nSPN is not responsible for the products and services provided by such third parties.\nSPN also reserves the right to modify, terminate or otherwise amend its offered membership plans.\n</li>\n</ul>\n<ul>\n<li> 1.2 Third Party Payment Gateways:<br>The SonyLIV Site may contain links to other independent third-party payment gateways (\"Linked Sites\").\nThese Linked Sites are provided solely as a convenience to our visitors.\nSuch Linked Sites are not under SPN's control, and SPN is not responsible for and does not endorse such Linked Sites, including any information or materials contained on such Linked Sites.\nSPN remains an intermediary, as defined under the Information Technology Act, 2000 with regard to such transactions.\nSPN advises its users to make their own independent judgement regarding their interaction with these Linked Sites.\n<br>The third party payment gateway service provider would require certain financial information including your credit card/debit card or other banking information.\nOther than providing a confirmation upon receipt of payment against a membership account, SPN disclaims any and all liabilities in relation to your payment processing by such third party payment gateway service provider and the collection and processing of any information by such payment gateway service provider.\nWhile using such payment gateways to make payments to SPN, you will be required to accept the terms of use and privacy policies of such payment gateway service provider.\nWe request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service.\n<br>\n</li>\n</ul>\n<ul>\n<li> 1.3 Auto-Renewal:<br>Your SonyLIV membership will continue until terminated.\nUnless you cancel your membership before your cyclical renewal date which may be annually, semi-annually, bi-monthly, monthly, weekly, daily you authorize us to charge your subsequent membership fee to your Payment Method (see \"Cancellation\" below).\nTo use the SonyLIV service you must have Internet access and a SonyLIV ready device, and you must provide our financial partners with a current, valid, accepted method of payment, which you may update from time to time (\"Payment Method\").\nYou can find specific details regarding your membership with SonyLIV by visiting our website and clicking on the \"My Purchases\" link available on SonyLIV.\n<br>\n</li>\n</ul>\n<li>\n<br>\n<strong>FREE TRIALS<br>\n</strong>Your SonyLIV membership may start with a free trial.\nThe free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.\nYou will be notified during subscription whether you are eligible for a free trial.\n<br>We will bill your Payment Method for your membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.\nTo view the membership plans and end date of your free trial period, visit My Purchases\" page on SonyLIV.\nYou may receive an intimation from us that your paid membership has begun.\n<br>\n<strong>BILLING<br>\n</strong>\n</li>\n<ul>\n<li>\n<strong>Billing Cycle:</strong> The membership fee for our service will be billed on a cyclical basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership as per the subscribed plan.\nIn some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.\nVisit \"My Purchases\" on SonyLIV to see your next payment date.<br>\n<strong>Payment Methods:</strong> The payment method has to be selected at the time of subscription and you cannot change your payment method during the pendency of your subscription package.\nShould you want to change your payment method, You can do so post the expiry of your subscription pack.\nIf a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method.\nYou authorize us to continue billing using the selected Payment Method, and you remain responsible for any uncollected amounts.\nThis may result in a change to your payment billing dates.\nFor certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges.\nWe request you to check with your Payment Method service provider for details.<br>\n<strong>Cancellation:</strong> You can cancel your SonyLIV membership at any time, and you will continue to have access to the SonyLIV service through the end of your billing period.\nWe do not provide refunds or credits for any partial membership periods or unwatched Content.\nTo cancel, go to the \"My Purchases\" section and follow the instructions for cancellation.\nIf you cancel your membership, your account will automatically close at the end of your current billing period.\nTo see when your account will close, visit \"My Purchases\" section .\nIf you signed up for SonyLIV using your account with a third party as a Payment Method and wish to cancel your SonyLIV membership at any time, including during your free trial, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the SonyLIV service through that third party.\nYou may also find billing information about your SonyLIV membership by visiting your account with the applicable third party.<br>\n<strong>Account Information and Security:</strong> When creating your account, you must provide accurate and complete information.\nYou are also responsible for maintaining the confidentiality of your account and password and for restricting access to SonyLIV.\nIf you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate SPN for any losses arising out of them.\nYou shall not use another user's membership account without permission.\nYou must notify us immediately via an email to of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency.\nIn order to provide you with ease of access to your account and to help administer the SonyLIV service, SonyLIV implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the SonyLIV service.\nYou are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.<br>\n<strong>Membership Cancellation:</strong> You may cancel your SonyLIV membership at anytime.\nWe do not provide refunds or credits for any partial- membership periods or unwatched Content.\n<br>\n<strong>Advertisements:</strong> Some of the services, facilities or features of the SonyLIV Services are supported by advertising revenue and the SonyLIV Services may display advertisements and promotions.\nThese advertisements may be targeted to the content of information stored on the website, queries made through the SonyLIV Services or other information.\nThe manner, mode and extent of advertising by SonyLIV through the SonyLIV Services are subject to change without specific notice to you.\nSonyLIV takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers.\nAny dealings you have with advertisers found while using the SonyLIV Services are between you and the advertiser, and you agree that SonyLIV shall not liable for any loss or claim that you may have against an advertiser.<br>\n<strong>Promotional Offers:</strong> SonyLIV may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users.\nSuch promotional offers are offered by SPN on an \"as is\" basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise.\nNo promotional offer shall be deemed to imply any obligation on SonyLIV to continue to offering such or similar promotional offers.\nAny promotional offer made available by SonyLIV may not be combined with any other offers.<br>\n<strong>User Reviews:</strong> We permit you to post reviews of content available through the SonyLIV service.\nWe do not regularly select or review the content posted on the SonyLIV website.\nhowever, we reserve the right to reject, remove or edit such content at anytime without notice.\nYou may not post reviews or otherwise disseminate on or through the SonyLIV Services, any content that is unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.\nor, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone.\nYou understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.<br>\n<strong>Social Media Access:</strong> For members in certain countries, you can connect your account to various social media platforms and share links of content.\nThis feature requires you to accept and comply with the terms of service and privacy policy of the social media posts.\nIf you choose to connect, you'll be able to take advantage of various social features we will be creating as part of the SonyLIV service, as well as its available features.\nIn addition, SonyLIV may personalize and otherwise seek to enhance your experience based on your information from your social media account.\nBy connecting your SonyLIV account to your social media account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to such platforms (in accordance with your privacy settings on such platforms and your account settings on SonyLIV).\nIf you do not want information about you, including information such as your viewing activity, to be shared in this manner, we advise you to not use the social media connect feature.\nSonyLIV disclaims all warranties in relation to and all liabilities arising from any use of your personal information by any of the social media platforms or any other third party.<br>\n<strong>Streaming Software/Software Plug-ins:</strong> Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein.\nSPN retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software.\nYou agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.<br>\n</li>\n</ul>\n<li>\n<br>\n<strong>DISCLAIMERS<br>\n</strong>SPN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.\nTHE SITE AND ITS CONTENT ARE DELIVERED ON AN \"AS-IS\" AND \"AS-AVAILABLE\" BASIS.\nALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.\nSPN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.\nSPN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.\nSPN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SPN SERVICES.\nYOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.\nYOUR SOLE REMEDY AGAINST SPN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.\nTHIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.<br>The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.<br>SPN reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason.\n(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms.\nand (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.<br>\n<strong>LIABILITY<br>\n</strong>Except where prohibited by law, in no event will SPN be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SPN has been advised of the possibility of such damages.<br>If, notwithstanding the other provisions of these Terms of Use, SPN is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SPN's liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SPN (but not including the purchase price for any SPN hardware or software products or any support program).<br>\n<strong>Indemnity:</strong> You agree to indemnify and hold SPN, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against SPN by any third party due to or arising out of or in connection with your use of the Site.<br>\n<br>\n</li>\n</ul>\n</ul>\n<strong>NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY</strong>\n<p> SPN reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions in whole or in part, at any time.\nChanges to the Terms and Conditions will be effective when posted.\nYou agree to review the Privacy Policy periodically to become aware of any changes.\nThe use of the Site after any changes to the Privacy Policy are posted will be considered acceptance of those changes by you and will constitute your agreement to be bound thereby.\nIf you object to any such changes, your sole recourse will be to stop using the Site.\n<br>\n<br>\n<br>\n</p>\n<strong>Terms and Conditions for bbstar Voucher</strong>\n<p> 1.\nUse code to get bbstar membership at 25% off<br> 2.\nCode should be applied in the bbstar signup page<br> 3.\nCode cannot be used during checkout for any order<br> 4.\nValid till 31st December 2021<br> 5.\nOffer not valid for existing bbstar members<br> 6.\nThis voucher cannot be used to extend the validity of existing bbstar membership <br> 7.\nThis voucher can be redeemed only on bigbasket app and m-site.\nNot valid on website.<br> 8.\nVoucher code is valid for one time activation of bbstar membership of 6 months<br> 9.\nbigbasket has the right to cancel orders if found to be of a fraudulent nature<br> 10.\nbigbasket reserves the right to change / modify / add / delete any of the terms and conditions of the offer at any time without notice<br> 11.\nOffer valid in all cities where bigbasket has its presence<br> 12.\nbigbasket has the right to terminate the offer without notice </p>\n<br>\n<br> " updated_at: - 2022-12-03 03:15:45.123332404 Z - 2022-12-03 03:15:52.013007862 Z
--- id: - - 13012 name: - - 'TERMS OF USE ' url: - - https://www.sonyliv.com/terms-of-use xpath: - - //*[@id="termsbody"] created_at: - - &1 2022-12-03 03:15:45.123332404 Z updated_at: - - *1 service_id: - - 7089 user_id: - - 2130 crawler_server: - - atlas
--- text: - - " Legal Terms of Service <p> Updated: June 6, 2022 </p>\n<p> To view Wag!'s Message Service Terms and Conditions, click here for Pet Caregivers and here for Pet Parents.\n</p>\n<p> These Terms of Service (“<strong>Terms</strong>”) govern your use of the Wag! website, any Wag! mobile application, application programming interfaces, content, products and other services offered by Wag!, as well as Wag! services offered through third parties integrating Wag! functionality (collectively, the “<strong>Services</strong>”).&nbsp.\nWag! Labs, Inc.\n(“<strong>Wag</strong>!”, “<strong>Company</strong>”, “<strong>we</strong>” or “<strong>us</strong>”) provides the Services.&nbsp.\n“<strong>You</strong>” refers to you as a user of any of the Services.\n</p>\n<p>\n<strong>THE DISPUTE RESOLUTION SECTION IN SECTION 22 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND WAG! TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.\nPLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY.\nBY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.</strong>\n</p>\n<p> The Services include a marketplace technology platform that enables third-party pet owners (“<strong>Pet Owners</strong>”) and third-party pet care service providers (“<strong>Pet Care Providers</strong>”) to connect with each other.&nbsp.\nWag! has no control over the conduct of Pet Care Providers or any other users of the Services.&nbsp;<strong>YOU ACKNOWLEDGE AND AGREE THAT WAG! IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.</strong>\n</p>\n<p>\n<strong>1.\nAcceptance of these Terms&nbsp;</strong>\n</p>\n<p> By agreeing to these Terms, and/or by using or accessing the Services (including without an account), you expressly acknowledge that you understand and accept all of the terms (including the dispute resolution and arbitration provisions below).\nBY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS.&nbsp.\nPLEASE READ THEM CAREFULLY.&nbsp.\nIF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.&nbsp.\n</p>\n<p>\n<strong>2.\nChanges to these Terms</strong>\n</p>\n<p> Wag! may, in its sole discretion, amend the Terms and modify or update the Services from time to time.\nIf we change these Terms, we will give you notice by posting the revised Terms on the Services.&nbsp.\nPlease review this page periodically to ensure you are up-to-date with any changes.&nbsp.\nThose changes will go into effect on the revision date shown in the revised Terms.&nbsp.\nYour continued use of the Services will constitute your acceptance of the amended Terms.\n</p>\n<p>\n<strong>3.\nAdditional Terms</strong>\n</p>\n<p> Our&nbsp;Privacy Policy,&nbsp;Community Guidelines,&nbsp;and other Policies applicable to your use of the Services&nbsp;are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time.&nbsp.\nBY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS.&nbsp.\nWe will make Additional Terms available for you to read through the Services.&nbsp.\nIf you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Services.&nbsp.\nIf you violate the provisions of the Additional Terms, Wag! may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Services in whole or in part.&nbsp.\nBy continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services.&nbsp.\nPlease review the Additional Terms periodically to ensure you are up-to-date with any changes.&nbsp.\n</p>\n<p>\n<strong>4.\nYour Consent to Receive Calls, Text Messages, Emails, and Other Communications</strong>\n</p>\n<p> You expressly consent to receive and accept communications from Wag!, our Affiliates (as defined below), and their respective representatives, including via e-mail, telephone calls, text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to Wag!.&nbsp.\nYou agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration, or other purposes.&nbsp.\nYOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING, OR MARKETING (COLLECTIVELY, “<strong>MARKETING</strong>”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES.&nbsp.\nIF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS, OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR BY CONTACTING CUSTOMER SUCCESS AT (855) 732-9513 OR&nbsp;WAGSUPPORT@WAGWALKING.COM.&nbsp.\nIf you receive a marketing call from Wag!, you also may opt-out of receiving future marketing calls by communicating a do-not-call request to our representative before you hang up.&nbsp.\nYou agree that Wag! and our Affiliates and representatives will not be responsible for honoring opt-out requests communicated through other channels.&nbsp.\nIf you wish to register an account with Wag! without agreeing to receive autodialed or prerecorded marketing calls or text messages from Wag! and our Affiliates, contact a Customer Success representative for assistance at (855) 732-9513 or&nbsp;wagsupport@wagwalking.com.&nbsp.\nStandard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send.&nbsp.\nYou represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges.&nbsp.\nPLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, WAG! MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, WAG!, AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR RECEIVE FROM OTHER USERS OF THE PLATFORM.&nbsp.\nYOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.\n</p>\n<p>\n<strong>5.\nEligibility</strong>\n</p>\n<p> You must be at least 18 years old to use the Services.&nbsp.\nIf you are under the age of majority in your state of residence or a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.\n</p>\n<p>\n<strong>6.\nWag! as a Marketplace Technology Platform</strong>\n</p>\n<p> The Services include a marketplace technology platform that connects Pet Care Providers with Pet Owners.\nWe do not provide any pet care services and make no representations or warranties about the quality of pet walking, boarding, sitting, transportation, or other services provided by Pet Care Providers, or about your interactions and dealings with Pet Care Providers or other users.\nWag! does not employ, recommend, or endorse Pet Owners or Pet Care Providers, and we are not responsible or liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline.\nWag! does not procure insurance for Pet Owners (or their pets) or Pet Care Providers, nor is Wag! responsible for the property of Pet Owners or Pet Care Providers.\n</p>\n<p> Wag! provides Pet Care Providers with access to third-party vendors that perform background checks and verifications.&nbsp.\nWag! itself does not conduct background checks and does not independently verify information in the background checks.&nbsp.\nWag! is not responsible or liable in any manner for the background checks.\n</p>\n<p>\n<strong>7.\nPayment Terms for Pet Owners</strong>\n</p>\n<p> 7.1 General Payment Terms </p>\n<p> As a Pet Owner, you understand that use of the Services may result in you owing fees to the Pet Care Provider for the pet care services you receive from such Pet Care Provider.&nbsp.\nWag! will facilitate your payment of the applicable charges on behalf of the Pet Care Provider through third-party payment processors, with whom you will be required to establish an account to access the Services.&nbsp.\nPayment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Provider.&nbsp.\nCharges will be inclusive of applicable taxes where required by law.&nbsp.\nCharges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, Wag!’s decision to terminate your usage, any disruption of the Services, or any other reason whatsoever, unless otherwise determined by Wag!.\n</p>\n<p> All charges are due immediately and Wag!, or a third-party payment processor, will process your payment on the Pet Care Provider’s behalf using the primary payment method designated by you in your Wag! account.&nbsp.\nIf your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Wag! may, as the Pet Care Provider’s limited payment collection agent, use a secondary payment method in your account, if available.\n</p>\n<p> Pet Owners and Pet Care Providers transact with each other on the Wag! marketplace technology platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of pet care services via the booking mechanism provided on the Wag! marketplace technology platform.&nbsp.\nYou may choose to transact with certain Pet Care Providers from time to time based on a variety of factors in your discretion, such as your desired price range, a Pet Care Provider’s pet service price rate, a Pet Care Provider’s profile, and a Pet Care Provider’s star ratings and reviews.&nbsp.\nOnce you request a pet care service, you agree to pay the Pet Care Provider the agreed-to price and honor the other terms of such booking.&nbsp.\nYou may elect to cancel your request for services from a Pet Care Provider at any time prior to such Pet Care Provider’s arrival, in which case you may be subject to a cancellation fee.\n</p>\n<p> The fees owed to Pet Care Providers are not inclusive of tip or gratuity for the Pet Care Provider.&nbsp.\nWhile you are free to provide gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so.&nbsp.\nAfter you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider.\n</p>\n<p> In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of pet care services from Pet Care Providers (“Charges”).\nSuch Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees.&nbsp.\nA description of any Charges will be available on the Services.&nbsp.\nYou have absolute discretion to request or not request services from a Pet Care Provider if the total applicable fee or charge is not acceptable to you.\n</p>\n<p> From time to time, Wag! may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions, or referrals links or codes to Pet Owners (the “Promotions”).&nbsp.\nSuch Promotions will be provided to Pet Owners via the Services, by email, or otherwise made available electronically by Wag!.&nbsp.\nSuch Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law.&nbsp.\nEach Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements.&nbsp.\nWag!, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any users or groups of users determined solely by Wag!.&nbsp.\nThese Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services or any Promotions offered to you.&nbsp.\nWag! reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the Pet Owner was found to be in violation of the terms of such Promotion, these Terms, or the Additional Terms.&nbsp.\nPromotions may be modified, disabled, or withdrawn by Wag! at any time for any reason or no reason without liability to Wag!.\n</p>\n<p> You acknowledge and agree that Wag! may limit or temporarily or permanently suspend your use of or access to the Services if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method, (2) any amounts you owe for pet care services are overdue or in default, or (3) Wag! believes in good faith that such action is reasonably necessary to protect the personal safety or property of Wag!, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.\n</p>\n<p> 7.2 Automatic Subscription Renewal and Cancellation </p>\n<p>\n<strong>WAG! PREMIUM PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU.\nAFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PERIOD EQUIVALENT TO THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.&nbsp;</strong>\n</p>\n<p> You may cancel your paid membership subscription at any time by following the instructions on your account settings page or by contacting Customer Success at (855) 732-9513 or wagsupport@wagwalking.com.&nbsp.\nIf you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term.&nbsp.\nYour subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.\n</p>\n<p>\n<strong>7.3 Payment Authorization</strong>\n</p>\n<p> Upon addition of a new payment method or each pet care service request, Wag! may seek authorization of your selected payment method to verify the payment method, ensure the pet care service charges will be covered, and protect against unauthorized behavior.&nbsp.\nThe authorization is not a charge.\nhowever, it may reduce your available credit by the authorization amount until your bank’s next processing cycle.&nbsp.\nShould the amount of the authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your credit, debit, or prepaid card.&nbsp.\nWag! cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.\n</p>\n<p> Wag! reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.\n</p>\n<p>\n<strong>8.\nAcceptable Use of the Services</strong>\n</p>\n<p> You are responsible for your use of the Services, and for any use of the Services made using your account.&nbsp.\nOur goal is to create a positive, useful, and safe user experience.&nbsp.\nTo promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us.&nbsp.\nWhen you use the Services, you may not: </p>\n<ul>\n<li>violate any law or regulation or use the Services for any unintended or illegal purposes;</li>\n<li>violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;</li>\n<li>provide false information in your profile on, or registration for, the Services;</li>\n<li>post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;</li>\n<li>send unsolicited or unauthorized advertising or commercial communications, such as spam;</li>\n<li>engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;</li>\n<li>transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;</li>\n<li>stalk, harass, or harm another individual;</li>\n<li>impersonate any person or entity, maintain more than one account (or, if Wag! suspends or terminates your account, create further accounts), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;</li>\n<li>use any means to scrape or crawl any Web pages contained in the Services;</li>\n<li>use the Services to identify Pet Care Providers to complete off-line transactions that circumvent your payment obligations for the Services;</li>\n<li>use the Services for purposes of competing with Wag!;</li>\n<li>authorize other users to use your user status or transfer your account to any other person or entity;</li>\n<li>attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Services;</li>\n<li>interfere with Wag!’s provision of, or any other user’s use of, the Services;</li>\n<li>attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;</li>\n<li>solicit another user’s username and password for the Services;</li>\n<li>post reviews about Pet Care Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms;</li>\n<li>use the Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services.\nor</li>\n<li>advocate, encourage, or assist any third party in doing any of the foregoing.</li>\n</ul>\n<p>\n<strong>9.\nUser Content</strong>\n</p>\n<p> The Services allow you to upload, submit, store, send, or receive data, information, and content (“<strong>User Content</strong>”).&nbsp.\nYou retain ownership of any intellectual property rights that you hold in that User Content.&nbsp.\nIn other words, you own your personal data.\n</p>\n<p> When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve our Services.\nOur license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.&nbsp.\nThis license is irrevocable, sublicensable, fully-paid, and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.&nbsp.\nWe may exercise our rights under this license anywhere in the world.&nbsp.\nLastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services.&nbsp.\nIn general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services.\n</p>\n<p> You promise that: </p>\n<ul>\n<li>you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear or whose pets appear in your User Content).\nand</li>\n<li>your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.</li>\n</ul>\n<p> We may refuse to accept or transmit User Content for any reason.&nbsp.\nWe reserve the right to use, share, and display your User Content (including Pet Owners’ reviews of Pet Care Providers) or Pet Care Providers’ reviews of Pet Owners or their pet(s) in any manner in connection with our business without attribution to you or your approval.&nbsp.\nYou acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content or Pet Care Providers’ reviews, and we reserve the right to monitor, screen, edit, or remove your User Content or Pet Care Providers’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s content policies.&nbsp.\nOur failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance.&nbsp.\nWe are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to your User Content.\n</p>\n<p> If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).\n</p>\n<p> Wag! offers an in-app chat feature to better connect Pet Owners with Pet Care Providers.\nData, information, and content sent through the chat feature is User Content that is subject to these Terms.&nbsp.\nWe are able to access this User Content and reserve the right (but have no obligation) to monitor, screen, edit, or remove your User Content.&nbsp.\nUsers should be mindful when communicating information to third parties, and we recommend that you refrain from disclosing or sending sensitive information through the chat feature, such as personal financial information, log-in account information, passwords, and/or personal contact information (including phone numbers).\n</p>\n<p> The Services may provide the ability to leave public and/or private reviews of users or their pets.&nbsp.\nYou acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Wag! has no obligation to preserve or indefinitely store any reviews.\nIf you are a Pet Care Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Services, whether before or after termination of your account for the Services.&nbsp.\nWe will have no liability to you for any deletion, disclosure, loss, or modification of these reviews.&nbsp.\nWe reserve the right to screen, edit, or remove these reviews from the Services at any time.\n</p>\n<p>\n<strong>10.\nConsent to Pet Care Provider Photo and Video Activities</strong>\n</p>\n<p> As a Pet Owner, you understand and agree that certain Pet Care Providers may take pictures or videos or otherwise create recorded media of you or your pet during the course of providing services to you.&nbsp.\nYou also understand and agree that during the course of a service you or your pet may participate in recorded media.\nYou further understand and agree that Pet Care Providers may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to Wag! through the Services or to their own social media, the Internet, or otherwise.&nbsp.\nYou understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist Wag! in quality control, safety, and promotional and marketing activities.&nbsp.\nYou agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within Wag!’s and Pet Care Providers’ sole discretion.&nbsp.\nWag! hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos, and other forms of recorded media of your pet that are made available by Wag! through the Wag! Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).\n</p>\n<p>\n<strong>11.\nPet Owner Obligations</strong>\n</p>\n<p> As a Pet Owner, you hereby represent, covenant, and warrant to Wag! and each Pet Care Provider who provides you with pet care services that: (1) the pet(s) that you request pet care services for are your own.\n(2) your pets are free from fleas, ticks, and other pests.\n(3) you have divulged any material information about your pets, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Pet Care Provider’s ability to provide the Services.\n(4) you will have your pets fully vaccinated and up-to-date on all forms of preventative medicine prior to receiving services from a Pet Care Provider.\n(5) you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your pet is licensed as required by local law.\nand (6) the pet(s) for which you are seeking services are not dangerous or otherwise likely to injure others.&nbsp.\nIf you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet.\n</p>\n<p> You acknowledge and agree that if you allow another person to access your account or if you request a pet care service for a pet that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the Services, including all costs incurred or associated with such engagement.\n</p>\n<p> You are fully responsible for the actions of your pet(s).&nbsp.\nYou understand, acknowledge and agree that, as between you and Wag!, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your pet(s), including without limitation, claims by third parties (including Pet Care Providers) for damage, loss, or injuries resulting from bites or attacks on such third parties by your pet(s).&nbsp.\nIncidents, injury, damage, or loss caused by your pet may be governed by applicable state liability laws.&nbsp.\nWag! will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation.&nbsp.\nIf you elect to use a Pet Care Provider through the Services, you shall carry applicable liability insurance sufficient for the pet care services you request, the risks associated with such services, and as mandated by law.&nbsp.\nBe sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Pet Care Provider through the Services.\n</p>\n<p> You may purchase or request a lockbox to store a key for entrance to your home or apartment for use in connection with the Services.&nbsp.\nYou understand, acknowledge and agree that we are not liable for any loss, claims, or damages you may suffer as a result of your use of the lockbox, including situations where the lockbox may be illegally accessed by a third party.\n</p>\n<p> You understand and agree that any Pet Care Provider from whom you may seek or obtain pet care services via the Services is an independent contractor, and not a partner, joint venturer, agent, legal representative, employer, worker, or employee of Wag!.&nbsp.\nPet Care Providers have no ability or authority to represent Wag! or otherwise make statements or commitments on Wag!’s behalf.\n</p>\n<p> Pet Care Providers have the sole and absolute discretion to reject or refuse any pet care services that you may request, including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms.&nbsp.\nIf you, in your sole discretion, choose to provide equipment to Pet Care Providers, Pet Care Providers have the right to refuse a pet care service that involves a retractable leash, which can be dangerous for pets and Pet Care Providers alike, and may cause a safety hazard.&nbsp.\nYou acknowledge and agree that you will assume all liability in connection with providing a retractable leash.&nbsp.\nIn addition, we encourage Pet Owners to request only on-leash services.&nbsp.\nPlease note that for safety reasons, puppies, kittens, or other pets that are six (6) months or younger may be restricted from certain types of services offered via the Wag! platform or be subject to limited service offerings tailored specifically to young pets.\n</p>\n<p> Pet Owners who arrange for pet care services and fail to retrieve their pet within three (3) days after the service period (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Wag! (or the Pet Care Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities.&nbsp.\nPet Owner agrees to reimburse Wag! and/or the Pet Care Provider for all costs and expenses associated with such actions.&nbsp.\nFurthermore, Wag! expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Pet Care Provider’s care should Wag! deem it necessary for the safety of a pet, the Pet Care Provider, or any third parties.\nPrior to removing a pet from the care of a Pet Care Provider, Wag! will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency or trusted contact (if provided) to arrange alternative care.&nbsp.\nShould Wag! not be able to contact the Pet Owner or the emergency contact, Wag! will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet.\nIf you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Wag! in connection with any such relocation or re-homing of your pet.&nbsp.\nIn addition, you are responsible for and agree to pay all costs and expenses incurred by Wag! in connection with such transfer.\n</p>\n<p> If your Pet Care Provider or Wag! reaches you with a request to authorize medical care for your pet and you refuse, you waive, release, and promise never to assert any claims or causes of action arising from failure to seek such care, whether or not known at the time of such refusal, against Wag! or its predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns, or the applicable Pet Care Provider with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing.&nbsp.\nYou expressly waive and release any and all rights and benefits under Section 1542 of the California Civil Code (or any analogous law of any other state), which reads as follows: “<strong>A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.</strong>”&nbsp.\nIn the unlikely case that your pet needs immediate medical attention or veterinary care, you hereby authorize your Pet Care Provider and Wag! to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation.&nbsp.\nPet Owners are solely responsible for the costs of any such medical treatment for your pets and, if you are a Pet Owner, you hereby authorize Wag! to charge any of your payment methods for such costs.\n</p>\n<p> As a Pet Owner, you acknowledge that Wag! is in the business of connecting Pet Owners and Pet Care Providers, and that said business is how Wag! earns its income.&nbsp.\nAs a result, Pet Owner agrees that if Pet Owner solicits a Pet Care Provider to provide off-platform pet care services to Pet Owner whom Pet Owner first met and/or learned about through the Wag! platform, Wag! is entitled to charge both the Pet Owner and the Pet Care Provider a referral fee.&nbsp.\nThis referral fee will be charged once per specific Pet Owner/Pet Care Provider services relationship utilized outside of the process provided for within the Wag! platform.\nPet Owner’s referral fee will be $1,000.&nbsp.\nPet Owner will first be notified in writing of Pet Owner’s obligation to pay the referral fee.&nbsp.\nThereafter, Pet Owner hereby authorizes Wag! to charge any of your payment methods for the referral fee.\n</p>\n<p>\n<strong>12.\nOwnership</strong>\n</p>\n<p> Other than User Content, we own or license all right, title, and interest in and to (a) the Services, including all software, text, media, and other content available on the Services (“<strong>Our Content</strong>”).\nand (b) our trademarks, logos, and brand elements (“<strong>Marks</strong>”).&nbsp.\nThe Services, Our Content, and Marks are all protected under U.S.\nand international laws.&nbsp.\nThe look and feel of the Services are copyright © Wag! Labs, Inc.&nbsp.\nAll rights reserved.&nbsp.\nYou may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Wag! Labs, Inc.\n</p>\n<p>\n<strong>13.\nCopyright and Intellectual Property Policy</strong>\n</p>\n<p> We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S.\nDigital Millennium Copyright Act.&nbsp.\nIf you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: </p>\n<ul>\n<li>Your address, telephone number, and email address.</li>\n<li>A description of the copyrighted work that you claim has been infringed.</li>\n<li>A description of where the alleged infringing material is located.</li>\n<li>A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.&nbsp;</li>\n<li>An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.</li>\n<li>A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.</li>\n</ul>\n<p> Copyright Agent: </p>\n<p> For clarity, only copyright infringement notices should be sent to our Copyright Agent at&nbsp;legal@wagwalking.com.&nbsp.\nYou acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.\n</p>\n<p> If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information: </p>\n<ul>\n<li>Your physical or electronic signature;</li>\n<li>Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;</li>\n<li>A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content.\nand</li>\n<li>Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.</li>\n</ul>\n<p> After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.&nbsp.\nPlease note that when we forward the counter-notification, it includes your personal information.&nbsp.\nBy submitting a counter-notification, you consent to having your information revealed in this way.&nbsp.\nWe will not forward the counter-notification to any party other than the original claimant.\n</p>\n<p> After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled.&nbsp.\nIf we receive such notification, we will be unable to restore the material.\nIf we do not receive such notification, we may reinstate the material.\n</p>\n<p>\n<strong>14.\nCall Recording and Monitoring</strong>\n</p>\n<p> You agree that all telephone conversations between you and Wag! (or our Affiliates and representatives), or other platform users when made via the platform, may be monitored and recorded for quality assurance and training purposes.\n</p>\n<p>\n<strong>15.\nPrivacy</strong>\n</p>\n<p> Your privacy is very important to us.\nOur&nbsp;Privacy Policy&nbsp;explains how we collect, use, protect, and when we share personal information and other data with others.&nbsp.\nYou are responsible for maintaining the confidentiality of your account information, including your username and password.&nbsp.\nYou are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.&nbsp.\nWe are not responsible or liable for any damage or loss related to any unauthorized access or use of your account, including without limitation, as a result of phishing or other similar attacks.\n</p>\n<p> Wag! may use third-party web analytics services on the Services, such as Google Analytics.&nbsp.\nThis technology analyzes how the Services are used by visitors and may also provide the third-party website from which a user arrives.\nThe information collected by the technology will be disclosed to or collected directly by these third-party service providers, who use the information to evaluate your use of the Services.&nbsp.\nWag! also uses Google Analytics for certain purposes related to advertising.&nbsp.\nFor more information on this please see the Wag!&nbsp;Privacy Policy.&nbsp.\nTo prevent Google Analytics from using your information for analytics, you may install the Google Analytics&nbsp;Opt-Out Browser Add-on.\n</p>\n<p>\n<strong>16.\nThird-Party Content</strong>\n</p>\n<p> The Services may contain links to other websites and online resources, and the Services may be made available or accessed in connection with third-party services and content (including advertising) that Wag! does not control.&nbsp.\nYou acknowledge that different terms of use and privacy policies may apply to your use of such third-party websites, services, and content.&nbsp.\nWag! does not endorse such third-party websites, services, and content and in no event shall Wag! be responsible or liable for any damage or loss related to the use of websites, products, services, or content of such third-party providers.\n</p>\n<p> Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by Wag!, are those of their respective authors, who are solely responsible for such content.\n</p>\n<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAG! DOES NOT: (A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES.\nOR (A) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WAG!.\n</p>\n<p>\n<strong>17.\nThird-Party Applications</strong>\n</p>\n<p> These Terms apply to your use of the Services, including the Wag! applications (each an “<strong>Application</strong>”) made available by third-party providers such as Apple, Inc.\nand Google, Inc.\n(each a “<strong>Provider</strong>”) through their respective online stores, but the following additional terms also apply to each Application: </p>\n<ul>\n<li>Both you and Wag! acknowledge that the Terms are concluded between you and Wag! only, and not with any Provider, and that a Provider is not responsible for the Services;</li>\n<li>The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use (unless otherwise agreed by Wag! in a separate agreement with you), subject to all the terms and conditions of these Terms as they are applicable to the Services;</li>\n<li>You will only use the Application in connection with a Provider-branded device that you own or control and as permitted by the Provider’s usage rules set forth in its terms of service, except that such Application may be accessed and used by other accounts associated with the purchaser via family sharing or volume purchasing (if applicable);</li>\n<li>You acknowledge and agree that a Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;</li>\n<li>In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Provider of such failure.\nupon notification, the Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;</li>\n<li>You acknowledge and agree that Wag!, and not the Provider, is responsible for addressing any claims you or any third party may have in relation to the Application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Wag!’s and not the Provider’s responsibility;</li>\n<li>You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Wag!, and not the Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim;</li>\n<li>You represent and warrant that you are not located in a country subject to a U.S.\nGovernment embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country, and that you are not listed on any U.S.\nGovernment list of prohibited or restricted parties;&nbsp.\n&nbsp.\n&nbsp.\n&nbsp;</li>\n<li>Both you and Wag! acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use;</li>\n<li>Both you and Wag! acknowledge and agree that the Provider and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.\nand</li>\n<li>In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK.\nLOCATION DATA MAY NOT BE ACCURATE.</li>\n</ul>\n<p>\n<strong>18.\nThird-Party Beneficiaries</strong>\n</p>\n<p> Pet Care Providers (when the Terms are agreed to between Wag! and a Pet Owner) and Pet Owners (when the Terms are agreed to between Wag! and a Pet Care Provider) are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, the Pet Care Provider or Pet Owner (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement &amp.\nWaiver of Certain Rights.\n</p>\n<p>\n<strong>19.\nSuspension and Termination</strong>\n</p>\n<p> We reserve the right to not provide the Services to any person.&nbsp.\nWe also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Pet Owners, below average ratings or reviews of you by Pet Care Providers.&nbsp.\nIf your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.\n</p>\n<p>\n<strong>20.\nDisclaimer and Limitations on Our Liability</strong>\n</p>\n<p> 20.1 General Disclaimer and Limitations </p>\n<p> YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK.&nbsp.\nTHE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.&nbsp.\nTO THE EXTENT PERMITTED BY APPLICABLE LAW, WAG! AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“<strong>AFFILIATES</strong>”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.\n</p>\n<p> IN PARTICULAR, WAG! AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES.&nbsp.\nWAG! AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:&nbsp.\n(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.\n(b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.\n(c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES.\n(d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY.\nOR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE SERVICES.&nbsp.\n</p>\n<p> YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO.&nbsp.\nNO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.&nbsp.\nYOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES.\nYOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.\n</p>\n<p> YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT.&nbsp.\nWE HAVE NO OBLIGATION TO PROVIDE SECURITY.&nbsp.\nYOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES.\n</p>\n<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.&nbsp.\nFOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.&nbsp.\nFURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.\n</p>\n<p> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.&nbsp.\n</p>\n<p> We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.\nWhile we aim to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor's display of any color will be accurate.\nWe reserve the right to correct or update any information, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), but disclaim any obligation to do so except as required by law.\n</p>\n<p> You are solely responsible for determining whether products are suitable for use or consumption by your pet.\nAny nutrition, ingredient, allergen, or other product information is provided by the product manufacturers or suppliers and may be modified by the manufacturers from time to time.\nWag! does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented.\nPlease consult the product label or contact the manufacturer directly if you have a specific dietary or allergic concern or any other question about a product.\n</p>\n<p> You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.\n</p>\n<p> 20.2 Disclaimer of Professional Advice.\nNo Veterinarian-Client-Patient Relationship </p>\n<p> The Services relating to pet health (the “<strong>Health Related Services</strong>”) are provided for informational purposes only.&nbsp.\nThe Health Related Services do not provide medical or veterinary advice or any medical, veterinary, healthcare, or wellness service.&nbsp.\nThe Health Related Services are not a substitute for the professional judgement of a veterinary or other medical professional and are not in any way intended to substitute for or override professional veterinary advice, diagnosis, or treatment.&nbsp.\nAlways seek the advice of your veterinarian or other qualified health provider with any question you may have regarding a pet’s medical condition.\nIf you think your pet may have a medical emergency, call your veterinarian, animal control, PETA, or 911 for help immediately.\n</p>\n<p> You also acknowledge and agree that communications on or through the Health Related Services, including without limitation, User Content, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., veterinarian-pet).\n</p>\n<p> No matter the qualifications of the person answering your question, by using the Health Related Services, including but not limited to, “Ask a vet” and live digital consultations, you expressly acknowledge that the Health Related Service is NOT a substitute for veterinary care (whether emergency or otherwise), and you further acknowledge that we, the veterinarians, and the Pet Care Providers cannot provide advice or consultation over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise) without a thorough and proper physical evaluation of the pet.&nbsp.\nIn addition, the quality of the responses provided by the veterinarians and Pet Care Providers will be influenced directly by the quality of the question asked (and the completeness and accuracy of the information conveyed by the person asking the question), of which we, the veterinarians, and the Pet Care Providers have no control.&nbsp.\nIf your pet is sick, injured, or otherwise in need of medical attention, you agree to contact your regular veterinarian or local emergency provider of veterinary services immediately, as neither Wag! nor the Health Related Services is the appropriate venue to deal with such situations.\n</p>\n<p> You also expressly acknowledge and agree that in the case where one of the Pet Care Providers who is a licensed veterinarian answers your question(s), a veterinarian-client patient relationship is NOT and will NOT be established, and that the Health Related Services will NOT be able to diagnose, treat, or prescribe any medication for your pet.&nbsp.\nYou further acknowledge that the laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question may differ depending upon your location or upon the information that typically would be discovered through in-person (or in-pet) evaluations or visits.&nbsp.\nBy using the Health Related Services, you understand that any licensed veterinarian that answers your question(s) is NOT your pet’s veterinarian, and that the information they provide to you is NOT a substitute for in-person veterinary diagnosis and/or treatment.&nbsp.\nPlease be advised that nothing transmitted to or via the Health Related Services constitutes the establishment of a veterinarian-client-patient relationship between you (or your pet) and any professional.\n</p>\n<p> We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard their advice (or delay seeking their advice) because of something that you have read or otherwise been provided through the Health Related Services.\n</p>\n<p> 20.3 Disclaimer of Insurance Entity Status </p>\n<p> Wag! and Wag! Wellness are not licensed insurance entities and do not offer, administer, solicit, market, sell, underwrite, or in any way engage in the business of insurance.&nbsp.\nAll insurance products are offered and administered by independent third-party insurance providers.&nbsp.\nWag! and Wag! Wellness make no representations or warranties about the accuracy or completeness of content available on the insurance products or sites linked from this webpage.&nbsp.\nThe information you see on the Wag! Wellness information portal may be different from what you see when you visit a pet insurance provider or specific pet insurance site.\nWhen evaluating offers, please review the insurance provider’s Terms and Conditions.&nbsp.\n</p>\n<p>\n<strong>21.\nIndemnification</strong>\n</p>\n<p> You agree to indemnify and hold harmless Wag! and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any (i) actual or alleged breach of these Terms or the Additional Terms by you or anyone using your account, including claims arising from a breach of any of the Pet Owner Obligations set forth in these Terms or Additional Terms.\n(ii) transactions, interactions or disputes with other users of the Services, whether online or offline.\n(iii) your misstatements, omissions, misrepresentations, or violation of applicable law.\n(iv) any of Your Content.\n(v) any text messages or other communications that you initiate to other Users or to third parties through our Services.\nand (vi) the actions of your pet(s), including any property damage or personal injury to third parties caused by your pet or pets under your care.&nbsp.\nYOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION OF SUCH CLAIMS.\nWE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.\n</p>\n<p>\n<strong>22.\nArbitration Agreement &amp.\nWaiver of Certain Rights</strong>\n</p>\n<p> For purposes of this Section 22 (“<strong>Arbitration Agreement</strong>”), references to “Wag!” include our Affiliates.\n</p>\n<p> a.&nbsp;<strong>Applicability</strong>.&nbsp.\nYou and Wag! agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, the Additional Terms, your relationship with Wag!, or your receipt of any communications from Wag! will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court to the extent your claims qualify, remain in such court, and advance solely on an individual basis.&nbsp.\n“Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods, services, or content made available through the Services, your relationship with Wag!, the threatened or actual suspension, deactivation, or termination of your account with Wag!, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Wag!, any communications you receive from Wag!, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims.&nbsp.\nNotwithstanding anything to the contrary herein, if you are an employee of Wag!, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with Wag! and any such claims and disputes may be governed by separate agreements.&nbsp;&nbsp.\n&nbsp.\n&nbsp.\n&nbsp.\n&nbsp.\n</p>\n<p> b.&nbsp;<strong>Arbitration Rules and Forum</strong>.\nThe Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.\nTo begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period.\nThis demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.\nAny demand for arbitration by you must be delivered to General Counsel, Wag! Labs, Inc., 55 Francisco St, Suite 360, San Francisco, CA 94133, and legal@wagwalking.com.\nThe arbitration will be conducted by the American Arbitration Association (“ <strong>AAA</strong>”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at&nbsp;http://www.adr.org/sites/default/files/CommercialRules_Web.pdf.&nbsp.\nAAA’s rules are also available by calling AAA at 800-778-7879.\nIf AAA is not available to arbitrate, the parties will select a reasonably equivalent alternative arbitral forum.\nIf the arbitrator finds that you cannot afford to pay&nbsp.\nfiling, administrative, hearing, and/or other fees necessary for the arbitration and you cannot obtain a waiver for such fees, Wag! will pay them for you.&nbsp.\nIn addition, Wag! will reimburse all such filing, administrative, hearing and/or other fees for proceedings involving claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.&nbsp.\nWag! will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.&nbsp.\nYou may choose to have the arbitration conducted by telephone, based on written submissions, in person, or at another mutually agreed location.&nbsp.\nAny judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.\n</p>\n<p> c.&nbsp;<strong>Authority of Arbitrator.&nbsp;</strong> The arbitrator -- not a court -- shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any&nbsp.\ndispute related to the interpretation, applicability, enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Additional Terms, the Pet Care Provider Platform Use Agreement, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7 (or similar rule if not arbitrated by the AAA).&nbsp.\nThe arbitration will decide the rights and liabilities, if any, of you and Wag!.&nbsp.\nThe arbitrator shall have the authority to grant motions dispositive of all or part of any claim.\nThe arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement).&nbsp.\nThe arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.&nbsp.\nThe arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.&nbsp.\nThe award of the arbitrator is final and binding upon you and Wag!.\n</p>\n<p> d.&nbsp;<strong>Waiver of Jury Trial.&nbsp;</strong> YOU AND WAG! HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.&nbsp.\nThere is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.\n</p>\n<p> e.&nbsp;<strong>Waiver of Class or Other Non-Individualized Relief.&nbsp;</strong> ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.\nONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY.&nbsp.\nIf a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Santa Clara County, California for adjudication before a judge, not a jury.&nbsp.\nAll other claims shall be arbitrated.\n</p>\n<p> f.&nbsp;<strong>30-Day Right to Opt Out.</strong>&nbsp.\nYou have the right to opt out of the provisions of these Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to:&nbsp;optout@wagwalking.com, within 30 days after first becoming subject to a version of these Terms containing an arbitration provision.\nYour notice must include your name and address, your Wag! username (if any), the email address you used to set up your Wag! account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.&nbsp.\nIf you opt out of arbitration, all other parts of this Agreement will continue to apply to you.&nbsp.\nWith the sole exception of the Pet Care Provider Platform Use Agreement if you are a Pet Care Provider, opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Wag!.&nbsp.\nIf you are a Pet Care Provider, a timely opt out of the Arbitration Agreement in these Terms will also apply to the Mutual Arbitration Provision of the Pet Care Provider Platform Use Agreement, provided that the opt out would be timely under the terms of the Pet Care Provider Platform Use Agreement as well.\n</p>\n<p> g.&nbsp;<strong>Survival of Arbitration Agreement.&nbsp;</strong> This Arbitration Agreement will survive the termination of your relationship with Wag!.\n</p>\n<p> h.&nbsp;<strong>Modification</strong>.\n&nbsp;Notwithstanding any provision in these Terms to the contrary, we agree that if Wag! makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Wag! a notice of your rejection to optout@wagwalking.com.&nbsp.\nYour rejection of any such changes shall not affect the enforceability of any prior version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with Wag!.\n</p>\n<p>\n<strong>23.\nOther Provisions</strong>\n</p>\n<p> Under no circumstances will Wag! be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.\n</p>\n<p> These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions.&nbsp.\nIn the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in Santa Clara County, California.&nbsp.\nYou and Wag! consent and submit to the personal jurisdiction of such courts for the purposes of any such action.&nbsp;&nbsp.\n</p>\n<p> YOU AND WAG! HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH WAG!, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH WAG!.\n</p>\n<p> If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.&nbsp.\nThe failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.\n</p>\n<p> We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law.&nbsp.\nYou may not assign any rights or obligations under these Terms without the prior written consent of Wag! and any purported assignment in violation of this provision shall be null and void.\n</p> Back Terms Terms Terms of Service Wag! Wellness Membership Agreement Pet Care Provider Message Service Terms and Conditions Pet Parent Message Service Terms and Conditions Sweepstakes Official Rules Privacy Policies Wag! Claims Policy Home Access Policy Deactivation Policy Trusted Contacts Incident Resolutions Guidelines Community Guidelines Safety Home and personal security Respect Reliability Accessibility Other Fear Free™ Happy Homes Transparency in Coverage To top " updated_at: - 2022-12-03 03:11:26.147762570 Z - 2022-12-03 03:11:36.080660576 Z
--- xpath: - '' - "/html/body/div[1]/div[4]" crawler_server: - - atlas updated_at: - 2022-12-03 04:10:26.926151000 Z - 2022-12-03 03:11:26.147762570 Z
--- text: - - " Legal Privacy Policy Effective date: June 9, 2022 <p> We know you care about how your personal information is used and shared, and Wag! takes your privacy seriously.\nSo that you may better understand how we use your data, we’ve provided our privacy guidelines and procedures in the policy below (the “Privacy Policy”).\nPlease read the following to learn more about our Privacy Policy.\n<b>By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.</b>\n</p>\n<p> Remember that your use of the Services is at all times subject to Wag!’s Terms of Service (the “Terms”), which incorporates this Privacy Policy by reference.\nAny capitalized terms used in this Privacy Policy without definitions have the definitions given to them in the Terms.\n</p> What does this Privacy Policy cover? <p> Except as provided herein, this Privacy Policy covers only our data practices for information that we gather from your access or your use of the Services.\nWith the exception of the specific practices noted in the Supplemental Privacy Notice to California Residents (found at the end of this Privacy Policy), it does not apply to the practices of other companies or people that we don't own or control.\n</p> Will Wag ever change this Privacy Policy? <p> We're constantly improving our Services and must also comply with constantly changing federal and state laws, so we may need to change this Privacy Policy from time to time.\nWe will alert you if there are any material changes by placing a notice on the wagwalking.com site, by sending you an email, via the Services and/or by some other means.\nPlease note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them.\nBy using, or otherwise accessing, the Services after any changes to the Privacy Policy have been posted, you are effectively agreeing to all of the changes.\n</p> What Information does Wag Collect? <p> We obtain information from you through the means discussed below when we provide the Services to you and when you use the Services.\nPlease note that we need certain types of information to provide the Services to you.\nIf you do not provide us with the required information, or if you ask us to delete that information, you may no longer be able to access or use certain Services.\n</p>\n<p>\n<i>Information You Provide to Us:</i>\n</p>\n<p> We may collect information that you provide directly to us through the following methods: </p>\n<ul>\n<li>When you use our Services, e.g., when you register for an account, request a service from a Pet Care Provider, or communicate with a Pet Owner looking for services from a Pet Care Provider;</li>\n<li>When you participate in surveys or fill out forms;</li>\n<li>When you register for promotions;</li>\n<li>When you request customer support and/or technical assistance.\nand</li>\n<li>When you otherwise communicate with us or other users, including Pet Care Providers or Pet Owners, through the Services.</li>\n</ul>\n<p> The information you provide directly to us may concern you or others and may include, but is not limited to, the following: </p>\n<ul>\n<li>\n<em>Identifiers and Contact Information</em>.\nWe may collect identifiers and other contact information from you, such as your name, email address, phone number, and address.\nWith your consent, you may also grant us access to your mobile device’s address book, through which we would collect and store on our servers all of your contacts and their contact information.\nWe use your contact information to help you find friends and other contacts who are Wag! users, and to facilitate you inviting friends and other contacts to use Wag!.</li>\n<li>\n<em>Information Regarding Pets</em>.\nFor example, we may collect information regarding your pet, such as vaccinations and health history, age, and videos and photographs of your pet.</li>\n<li>\n<em>Financial Information</em>.\nIn your use of the Services, you may provide us or our service providers with financial information such as financial account or credit card account information.</li>\n<li>\n<em>Location Information.</em> We may collect general location information (e.g., inferred from your IP address) or specific location information (i.e., geolocation with your consent).\nFor example, we may request geolocation information of Pet Care Providers when they are providing services for Pet Owners.\nIf you use a Wag! Tag, we may also collect location information related to your pet.</li>\n<li>\n<em>Communications</em>.\nWe may collect communications you make through the Services, such as when you communicate with us or other users.\nFor example, Pet Owners may communicate with Pet Care Providers through tools offered on the Services or you may communicate with our customer success team or other members of the Wag! team through email, text message or telephone.\nIf you send text messages with a Pet Owner or Pet Care Provider using the telephone number for that user available on the Services, we may use a third-party service provider to track these text messages.\nWe track these text messages for fraud prevention, to enforce our Terms, and for quality and training purposes.\nAs part of this process, Wag! and its service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.</li>\n</ul>\n<p>\n<i>Information From Affiliates, Business Partners, and Other Non-Affiliated Third Parties</i>\n</p>\n<p> We may collect information about you or others through our affiliates, business partners, or through other non-affiliated third parties.\nFor example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information about you from third parties.\nExamples of this include information to verify your identity for fraud prevention, for safety protection purposes, or information that enhances our ability to market products or services that may be of interest to you.\nWe may also work with business partners to integrate our services into their services (and/or vice versa).\nWhere you choose to use such integrated services, we may receive information about you as part of that integration.\nWe may combine information that we collect from you through the Services with information that we obtain from such third parties and information derived from other products or services we provide.\n</p>\n<p> You may be able to access the Services through a social networking account, such as Facebook.\nIf you access the Services through your Facebook account, you may allow us to access certain information within your Facebook account including, but not limited to, your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or \"likes.\" </p>\n<p> Social networking sites, such as Facebook, have their own policies for handling your information.\nFor a description of how these sites may use and disclose your information, including any information you allow the public to access on their platforms, please consult each site’s privacy policies.\nWe have no control over how any third-party site uses or discloses the personal information it collects about you.\n</p>\n<p>\n<i>Information Collected Automatically</i>\n</p>\n<p>\n<em>Device and Usage Information</em>.\nWhenever you interact with our Services, we and our third-party service providers, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Services.\nThe information collected includes, without limitation, your IP address, device identifier, “cookie” information, the type of browser and/or device you use to access our Services, and the page or feature you requested.\n</p>\n<p>\n<em>Cookies and Other Electronic Technologies</em>.\nWe and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the Services.\nThese technologies, for example, may allow us to tailor the Services to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of our Services.\nWe or our third-party service providers also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.\n</p>\n<p> We may also use local shared objects (also known as \"Flash cookies\") to assist in delivering special content, such as video clips or animation.\nFlash cookies are stored on your device, but they are not managed through your web browser.\nTo learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.\n</p>\n<p> You can choose to accept or decline cookies.\nMost web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer.\nIf you disable cookies, you may be prevented from taking full advantage of the Services, because it may not function properly.\nFlash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies.\nAs we continue to update our current products and develop new technologies, we may also gather additional information through other methods.\n</p> How Does Wag! Use Your Information? <p> We use your information for business and commercial purposes, such as: </p>\n<ul>\n<li>To provide you with the Services, including to register you for an account and process transactions such as boarding or walking services;</li>\n<li>To respond to your questions or inquiries, including to provide customer support and troubleshooting assistance;</li>\n<li>To communicate with you, including to send you emails about products and services that may interest you;</li>\n<li>To facilitate matching you with other users (Pet Owners or Pet Care Providers) based on your requests for specific services;</li>\n<li>To manage and remember your preferences and personalize the Services.\nTo analyze and improve the Services or any other products and services we provide;</li>\n<li>To suggest products and services that may interest you;</li>\n<li>To administer surveys, sweepstakes, promotions, or contests;</li>\n<li>To verify your identity;</li>\n<li>To comply with our legal obligations or as permitted by law;</li>\n<li>To protect the safety and/or integrity of our users, employees, third parties, members of the public, pets, and/or our Services;</li>\n<li>To prevent fraud and enforce our legal terms.\nand</li>\n<li>To administer and troubleshoot the Services.</li>\n</ul>\n<p> We may combine information that we collect from you through the Services with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide.\n</p>\n<p> We may aggregate and/or de-identify information collected through the Services.\nWe may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and use and disclose such information with third parties at our discretion, including without limitation to auditors, investors, creditors, and/or others.\n</p> Will Wag! Share Any of the Information it Receives? <p>\n<b>Affiliates and Business Partners.&nbsp;</b>We may share your information with affiliates and business partners.\nFor example, businesses or third-party websites we've partnered or otherwise affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us).\nFor example, business partners or affiliated businesses may integrate our Services into their products, including mobile apps.\nWhen you use our Services through one of these integrations, we may share your information with that affiliate or business partner.\nWe have no control over the policies and practices of these third-party affiliates or business partners, so if you choose to participate in any transaction or service relating to an affiliated or third-party website or business, please review all such business’s or website’s policies.\n</p>\n<p>\n<b>Consent/At Your Direction.</b> We may disclose your information to nonaffiliated third parties to: (a) facilitate matching you with a Pet Owner or Pet Care Provider.\n(b) when we have your permission.\nor (c) as described in this Privacy Policy, the Terms of Service, or any other legal terms governing your use of the Services.\n</p>\n<p>\n<b>Pet Owners.</b> If you are a Pet Care Provider, we may share general information with Pet Owners about the extent to which their Pet Care Providers providing pet care services (such as boarding) may have remained with pets during a pet care session.\nWe may also share with Pet Owners the precise geolocation of their Pet Care Providers during or near the time of a walking session.\n</p>\n<p>\n<b>User Profiles and Submissions.</b> Certain user profile information, including your name, location, and any video or image content that you upload to the Services may be displayed publicly or to other users.\nPlease remember that any content you upload to your public user profile, along with any information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.), becomes publicly available, and can be collected and used by anyone.\nYour username and communications may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.\nAgain, we do not control the policies and practices of any other third-party site or service with regard to your data.\n</p>\n<p>\n<b>Address Books.</b> We may request authorization from you and other users to access and store contacts from mobile device address books.\nWe use this information to help users identify which of their contacts they would like to invite to use our Services.\nWe also use this information to alert users if any of the contacts in their address books currently are or become registered users of Wag!.\n</p>\n<p>\n<b>Service Providers.&nbsp;</b>We work with other companies and individuals that may perform tasks on our behalf that requires us to share your information with them in order for them to provide us with services, such as to process payments.\n</p>\n<p>\n<b>Protection of Wag! and Others.</b> We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety, or property of Wag! or third parties, including to defend or enforce our Privacy Policy, our Terms of Service, or any other contractual arrangement.\n(ii) respond to your requests for customer service.\nand/or (iii) protect the rights, property or personal safety of Wag!, its agents and affiliates, its employees, users and/or the public.\n</p>\n<p>\n<b>Legal Requirements.</b> We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate in order to comply with any law enforcement, legal, or regulatory process.\nExamples of this may include responding to a warrant, subpoena or any other applicable laws and regulations.\n</p>\n<p>\n<b>Business Transfers.</b> We may share or disclose certain information, in connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.\n</p> Online Analytics and Tailored Advertising <p>\n<i>Analytics</i>\n</p>\n<p> We may use third-party web analytics services on the Services, such as those of Google Analytics.\nThese service providers use the sort of technology described in the “Information Collected Automatically” section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive.\nThe information collected by the technology will be disclosed to or collected directly by these service providers, who will then use that to evaluate your use of the Services.\nWe also use Google Analytics for certain purposes related to advertising, as described in the following section.\nTo prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.\n</p>\n<p>\n<i>Tailored Advertising</i>\n</p>\n<p> Third parties whose products or services are accessible or marketed via the Services may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites and (b) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our websites.\nWe may also allow other third parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services.\nWe neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties.\nThose parties that use these technologies may offer you a way to opt out of targeted advertising as described below.\nYou may receive tailored advertising on your computer through a web browser.\nCookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.\n</p>\n<p> If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs.\nTo opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page.\nPlease note that, to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising.\nIn that case, the advertising content will be present.\nit will not be tailored to your interests.\nAlso, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.\nIf your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective.\nAdditional information is available on NAI's and DAA's websites, accessible by the above links.\n</p>\n<p> When using a mobile application you may also receive tailored in-application advertising content.\nEach operating system−iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices−provides its own instructions on how to prevent the delivery of tailored in-application marketing content.\nYou may review the support materials and/or the privacy settings for the respective operating systems in order to opt out of tailored in-application advertising.\nFor any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.\n</p> Our Policy on Children’s Information <p> Our Services are not designed for minors under 18.\nOnly persons 18 years of age or older may use the Services.\nIf we discover that an individual under 18 has provided us with personal information, we will close the account and delete the personal information to the extent required by the Children's Online Privacy Protection Act.\nWe may, where permitted by law, retain certain information internally for purposes described in this Privacy Policy.\n</p> How Does Wag! Protect Your Information? <p> Your account is protected by a password for your privacy and security.\nIf you access your account via a third-party site or service, you may be offered additional or different sign-on protections from that third-party site or service.\nYou must prevent unauthorized access to your account and information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting other’s access to your computer or device and browser by signing off after you have finished accessing your account.\nWe are not responsible for any unauthorized password activity within your account.\n</p>\n<p> We implement technical, administrative, and physical safeguards to protect the information we collect from unauthorized access, disclosure, alteration, or destruction.\nWe cannot, however, guarantee complete security.\nUnauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.\n</p> Links to Third Party Sites and Services <p> The Services may contain links to third-party websites or services.\nWe are not responsible for the content or practices of those websites or services.\nThe collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy.\nWe urge you to read the privacy and security policies of these third parties.\n</p> What Choices Do I Have? <p> You have certain rights and choices with respect to your information, such as: </p>\n<ul>\n<li>Profile &amp.\nAccount Information: Through your account settings, you may access, and, in some cases, edit or delete certain information previously provided to us.</li>\n<li>Marketing Emails: You can unsubscribe from marketing emails from us by clicking the unsubscribe link located at the bottom of the email and following the directions in those emails.</li>\n<li>Cookies &amp.\nAnalytics: You can opt out of certain cookie-related and analytics processing by following the instructions found in this Privacy Policy.</li>\n<li>Nevada Residents: Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons.\n“Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.\nWe do not engage in such activity.\nhowever, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at nevada.request@wagwalking.com.\nPlease note we will take reasonable steps to verify your identity and the authenticity of the request.\nOnce verified, we will maintain your evidence of your request, which may be acted upon in the event our practices change.\n</li>\n<li>California Residents: Please click here to view details on rights of California residents.</li>\n</ul>\n<p> Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation.\nWe may request you provide us with information necessary to confirm your identity before responding to your request.\n</p> California Do-Not-Track Disclosure <p> Wag! is committed to providing you with meaningful choices about the information collected on our Services.\nHowever, Wag! does not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.\n</p> Consent to Transfer <p> Our computer systems are currently based in the United States, so your personal information will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.\nBy using the Services, you agree to this Privacy Policy and you consent to the transfer and processing of all of your information to the United States, which may not offer a level of protection equivalent to that required in the European Union or certain other countries.\n</p> What if I have questions about this policy? <p> If you have any questions or concerns regarding our privacy policies, please contact us at legal@wagwalking.com.</p> Supplemental Privacy Notice to California Residents <p> Effective Date: January 1, 2020 </p>\n<p> This Supplemental Privacy Notice supplements the information in our Privacy Policy above, and except as provided herein, applies solely to California residents.\nIt applies to personal information we collect on or through the Services and through other means (such as information collected offline, in person, and over the telephone).\nIt does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants.\nIt also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.\n</p>\n<p> California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information.\n</p>\n<p> We or our service providers may collect the below categories of information for the following business or commercial purposes (as those terms are defined in applicable law): </p>\n<ul>\n<li>Providing the Services (e.g., account servicing and maintenance, order processing and fulfillment, customer service, advertising and marketing, analytics, and communication about the Services);</li>\n<li>Our or our service providers’ operational purposes;</li>\n<li>Auditing consumer interactions on our site (e.g., measuring ad impressions);</li>\n<li>Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;</li>\n<li>Bug detection, error reporting, and activities to maintain the quality or safety of our Services;</li>\n<li>Short-term, transient use, such as customizing content that we or our service providers display on the Services;</li>\n<li>Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);</li>\n<li>Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant</li>\n<li>offers from third-party partners.\nand</li>\n<li>Other uses about which we notify you.</li>\n</ul>\n<p> Examples of these types of uses are identified below.\nWe may also use the below categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.\n</p>\n<b>Categories of Personal Information We Collect</b>\n<b>Categories of Sources</b>\n<b>Examples of Uses</b>\n<b>Categories of Third Parties With Which We May Share That Information</b>\n<p> Identifiers (such as name, email address, address, phone number, government identifiers) </p>\n<p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers and business partners) </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Personalizing content </p>\n<p> Marketing and advertising </p>\n<p> Administering surveys, sweepstakes, promotions, or contests </p>\n<p> Communicating with you </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers and business partners) </p>\n<p> Affiliates </p>\n<p> Other third parties, including other users (e.g., where Wag! is facilitating communications between users) </p>\n<p> Commercial information(such as transaction data) </p>\n<p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers and business partners) </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Personalizing content </p>\n<p> Marketing and advertising </p>\n<p> Administering surveys, sweepstakes, promotions, or contests </p>\n<p> Communicating with you </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers and business partners) </p>\n<p> Affiliates </p>\n<p> Other third parties, including other users (e.g., where Wag! is facilitating communications between users) </p>\n<p> Financial data (such as the last four digits of payment cards) </p>\n<p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers) </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers) </p>\n<p> Affiliates </p> Internet or other network or device activity (such as IP address, unique device, advertising, and app identifiers, browsing history or other usage data) <p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers) </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Personalizing content </p>\n<p> Marketing and advertising </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers) </p>\n<p> Affiliates </p>\n<p> Location information (general location, and, if you provide permission, precise GPS location) </p>\n<p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers and business partners </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Personalizing content </p>\n<p> Marketing and advertising </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers and business partners) </p>\n<p> Affiliates </p>\n<p>&nbsp;</p>\n<p> Sensory information (such as audio recordings if you call our customer success department or video recordings that you may upload while using the Services) </p>\n<p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers) </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers) </p>\n<p> Affiliates </p>\n<p> Other information that identifies or can be reasonably associated with you (such as communications you send us) </p>\n<p> You </p>\n<p> Your use of our services/automatically collected from you </p>\n<p> Affiliates </p>\n<p> Third Parties (such as agents/service providers and business partners) </p>\n<p> Providing the Services, including to facilitate your search for a Pet Care Provider or to provide services to a Pet Owner </p>\n<p> Fixing and improving the Services </p>\n<p> Personalizing content </p>\n<p> Marketing and advertising </p>\n<p> Administering surveys, sweepstakes, promotions, or contests </p>\n<p> Communicating with you </p>\n<p> Analyzing use of the Services </p>\n<p> Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies </p>\n<p> Third parties (such as service providers and business partners) </p>\n<p> Affiliates </p>\n<p> Other third parties, including other users (e.g., where Wag! is facilitating communications between users) </p>\n<p>\n<b>Rights</b>\n</p>\n<p> If you are a California resident, you may have certain rights.\nCalifornia law may permit you to request that we: </p>\n<ul>\n<li>Provide you the categories of personal information we have collected or disclosed about you in the last twelve months.\nthe categories of sources of such information.\nthe business or commercial purpose for collecting or selling your personal information.\nand the categories of third parties with whom we shared personal information.</li>\n<li>Provide access to and/or a copy of certain information we hold about you.</li>\n<li>Delete certain information we have about you.</li>\n</ul>\n<p> You may have the right to receive information about the financial incentives that we offer to you, if any.\nYou also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.\nCertain information may be exempt from such requests under applicable law.\nWe need certain types of information so that we can provide the Services to you.\nIf you ask us to delete it, you may no longer be able to access or use the Services.\n</p>\n<p> If would like to exercise any of these rights, please submit a request here or submit an access request to data.request@wagwalking.com or a deletion request to data.deletion@wagwalking.com.\nYou will be required to verify your identity before we can honor your request.\nYou can also designate an authorized agent to make a request on your behalf.\nTo do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf.\nYou will still need to verify your identity directly with us.\n</p>\n<p>&nbsp;</p> Notice of Financial Incentives&nbsp.\n<p> We may offer certain programs in which eligible consumers receive rewards or incentives if they opt into sharing certain information with select business partners.\nYou can opt into the rewards or incentives by expressly directing us to share your information when presented with the option.\nYour participation is completely voluntary, and you have a right to withdraw your consent.&nbsp.\nIf you decide you do not want to participate, you can refrain from opting into this type of data sharing.\n</p>\n<p> The specific reward or incentive offered, if any, is made available to you when you are given an option to share your information.\nThe monetary value of the reward or incentive is a reasonable approximation of the monetary value of the sharing of your information.\nWe have arrived at this estimate based on consideration of multiple factors, including the following:&nbsp.\n(1) our reasonable assessment of revenue we may generate as a result of Wag! providing your information to the identified business partner or partners.\nand (2) expenses incurred by Wag! in operating its services and partnerships.\n</p>\n<p>&nbsp;</p>\n<p> Unless you have otherwise provided your affirmative consent, Wag! does not “sell” your personal information as we understand that term to be defined by the California Consumer Privacy Act and its implementing regulations.\nCalifornia law may require us to compile metrics for the previous calendar year regarding consumer requests and responses.\n</p>\n<p> To view Wag!'s Message Service Terms and Conditions, click here for Pet Caregivers and here for Pet Parents.\n</p> Back Privacy Terms Terms of Service Wag! Wellness Membership Agreement Pet Care Provider Message Service Terms and Conditions Pet Parent Message Service Terms and Conditions Sweepstakes Official Rules Privacy Policies Wag! Claims Policy Home Access Policy Deactivation Policy Trusted Contacts Incident Resolutions Guidelines Community Guidelines Safety Home and personal security Respect Reliability Accessibility Other Fear Free™ Happy Homes Transparency in Coverage To top " updated_at: - 2022-12-03 03:11:03.289454589 Z - 2022-12-03 03:11:12.813353092 Z
--- id: - - 13010 name: - - Privacy Policy url: - - https://safety.wagwalking.com/privacy xpath: - - "/html/body/div[1]/div[4]" created_at: - - &1 2022-12-03 03:11:03.289454589 Z updated_at: - - *1 service_id: - - 7088 user_id: - - 2130 crawler_server: - - atlas
--- text: - - |- .HomeBookstore<i> </i>HomeBookstore<i> </i>Log inSign up<i> </i>By continuing to use our service, you consent to the use of cookies to recommend dynamic content.If you want more information, please check our &nbsp;privacy policy.<i> </i> PRIVACY POLICY Updated on March 17th, 2020. Preamble GLOSE (hereinafter referred to as "<strong>GLOSE</strong>") manages the GLOSE Website and mobile application. This Privacy Policy sets out how GLOSE collects and uses the Personal data collected on the Website and the Application, in accordance with the regulations in force in France as set out in the Statute on Computer Technology and Freedoms dated 6 January 1978, known as the "Data Protection Act" and EU Regulation 2016/679 of 27 April 2016 on the protection of personal data (hereinafter the « <strong>GRPD</strong>"). The purpose of this Privacy Policy is to inform people browsing on the Website or the Application or using the Services that they offer: •&nbsp;Of how GLOSE collects, uses and shares the Personal data GLOSE gathers in the course of providing these Services (I). •&nbsp;Of the information, which may include Personal data, that GLOSE collects during your browsing, through the use of Cookies (II). This Privacy Policy is available: •&nbsp;In the footer of each page of the Website. •&nbsp;Via a link under each data collecting form. •&nbsp;In application downloading stores. •&nbsp;On the Application’s Menu tab. Any modification or update of this Privacy Policy will be duly brought to any User’s attention. I.PROCESSING OF PERSONAL DATA COLLECTED DIRECTLY FROM THE USER IN THE CONTEXT OF PROVIDING SERVICES 1. Definitions "<strong>Friends</strong>" refers to every Gloseur who follows you and whom you follow. "<strong>Application</strong>" refers to the Glose Application, available on Apple's App Store and Google's Play Store download platforms. "<strong>Terms of Use</strong>" refers to our Terms and conditions of use and sale, available here . These Terms of Use govern the use of the Platform Website and the subscription to our Services, and form the contract that binds us to you. "<strong>Personal data</strong>" refers to any information relating to a natural person which is identified or identifiable, either directly or indirectly, by reference to an identification number or one or several factors specific to that natural person. "<strong>Gloseur</strong>" or "<strong>User</strong>" refers to anyone registered on the Website and/or the Application. "<strong>Group</strong>" refers to a community of Gloseurs gathering around an eBook, an author or any kind of subject. "<strong>Platform</strong>" refers to the Application and the Glose Website. "<strong>Profile</strong>" efers to the page of the Website/Application allowing every Gloseur to handle his own Personal data, his Friends, his Groups and his privacy settings. "<strong>Services</strong>" refers to the Services providing by GLOSE through the Website and the Application as they are defined in the Terms of Use . "<strong>Website</strong>" refers to the website accessible at www.glose.com . "<strong>Special Partner</strong>" refers to an independent publishing company who has entered into an agreement with GLOSE whereby the Special Partner’s customers are authorized to read the Special Partner’s eBooks on the Platform while benefitting from the Services. Currently, GLOSE’s Special Partners are : •&nbsp;HarperCollins: - https://www.harpercollins.com/ •&nbsp;Harlequin: - https://www.harlequin.com/ 2. Who is responsible of your Personal data? 2.1. If you registered directly on the Platform: <strong>The data controller is GLOSE</strong> S.A.S with a capital of € 14 671.15, recorded in the Commercial and Corporate Register of Nanterre with the No. 798 135 489, whose headquarters are located at 27-29 rue de Choiseul, 75002 Paris, France, represented by its President, Mr. Nicolas PRINCEN. Users may contact GLOSE’s <strong>Personal data referent</strong> M. Christophe SPY for all questions related to the processing of their Personal data and the exercise of their rights as described in <strong>article 9</strong> below, at the following address: privacy@glose.com and entitling the email “my Personal data”. 2.2. If you clicked on the “Read on Glose” link from a Special Partner’s order confirmation email: Our Special Partners allow you to read the eBooks you purchase on their website or apps on the Glose Platform. To do so, once you purchased the eBook, you simply need to click on the “Read on Glose” link provided in their confirmation email. Doing so will automatically register you on the Glose Platform. In this case, <strong>GLOSE and this Special Partner are joint data controllers</strong> of your Personal data. 3. What Personal data do we collect? 3.1. Personal data collected GLOSE believes in the possibility of giving you a taste for reading and improving yourself thanks to the data you provide to us and you generate during your use of our Services, which allow us to qualify your reading level, to determine your reading tastes and preferences, and to recommend books to read or Gloseurs to follow. Thus, when providing its Services, GLOSE collects the following Personal data: •&nbsp;<strong>Identification profile data:</strong> name, surname, email address, address, scholarship (formation, degree, jobs), username, login details, IP address, avatar picture, type and version of the browser used, operating system Friends and Gloseurs followed. •&nbsp;<strong>Reading profile data:</strong> books read/opened/imported, reading tastes and preferences, reading time, contributions (annotations, quotes, critiques), reading Groups, history of the navigation on the Platform, date and time of visit, time spent on each page. •&nbsp;<strong>Purchase and invoicing data:</strong> purchase history, bank details (only the last four digits of the credit card are kept, the rest is stored securely with our payment service provider “Stripe”), order forms. You undertake to provide updated and valid Personal data and warrant that you will not make any false statement or provide any erroneous information. 3.2. Necessary and optional nature of the Personal data collected 3.2.1. Necessary data During your subscription and the creation of your profile on our Platform you are required to provide the following information: email address, username, password. When you purchase an eBook on our Platform, you are invited to give your bank details (name, surname, card number, expiry date, cryptogram). You need to give us this Personal data insofar as they are strictly necessary for your registration and the use of our Services. You’ll be notified of the necessity to provide these data upon collect. If you don’t provide them, you won’t be able to access or use the Services. 3.2.2. Optional data Other Personal data collected are optional. You are therefore free to provide them or not. However, they allow us to personalize the Services we offer and to greatly improve your browsing experience on the Website and/or the Application. So, the more specific you are, the better your GLOSE experience will be. 4. How are your Personal data collected? 4.1 Forms GLOSE collects your Personal data when you fill in the following documents: •&nbsp;The Platform registration form. •&nbsp;The newsletter subscribing form. •&nbsp;The eBook order form. 4.2 Facebook, Twitter and Google Connect You may also access the Platform using your Facebook, Twitter or Google login. For detailed information on the policies of these entities with regard to Personal data, we recommend that you consult their privacy policies, accessible directly on their websites. 4.3 Profile GLOSE collects the Personal data that you freely enter in your Profile. You may at any time edit your Profile to complete it, modify it, or delete your User account. 4.4 Use of Glose Services and activity on the Website GLOSE collects Personal data that you generate when you use the GLOSE Services and features, including: •&nbsp;Playlists you create. •&nbsp;The eBooks that you read, liked, classified, highlighted, the pages you read, the words and sentences you highlighted, dictionary searches, time spent, date and time of reading. •&nbsp;The notes and book reviews you create. •&nbsp;Your contributions (annotations, quotes). •&nbsp;Your conversations within the Glose social network or your Reading Groups. 4.5 Transfer of a Glose Education User account to the standard Glose Platform GLOSE may collect Personal Data relating to a user of the Glose Education following such user’s request to have his account transferred onto the general Glose Platform (in the case of a User who graduates and is no longer registered in a school for example). In these circumstances, the Glose Education user may prefer a transfer of his account rather to the Platform than its definitive deletion in order to preserve his rights to his eBooks, contributions and other reading data. 4.6 Automatic registration on the Platform following a purchase on a Special Partner’s website When you purchase an eBook on a Special Partner’s website (as defined in Article 1 of these Terms of Use ) this Special Partner will offer the possibility, in its order confirmation email, to read this eBook on the Glose Platform. If you chose to read this eBook on the Platform, some of your Personal data will be automatically transferred from the Special Partner’s website to the Platform in order to create your User account on the Platform. By clicking on the “Read on Glose” in the Special Partner’s confirmation email, you accept the creation of your User account on GLOSE and the transfer of the necessary Personal data to GLOSE. 4.7 Cookies GLOSE may collect some of your Personal data thanks to Cookies, according to the conditions described in the II. 5. Privacy settings By default, a User's Profile is public. However, you may at any time choose what information you wish to share or not with other Users by setting all or part of your Profile in the following ways: •&nbsp;<strong>Completely private:</strong> only your username is accessible to other Users and may appear in search results, but the content of your Profile is not visible to other Users. •&nbsp;<strong>Semi-private:</strong> only your Friends can view the content of your Profile that is not accessible to other Users. •&nbsp;<strong>Fully public:</strong> all Users can access it. 6. Why is your Personal data collected and on what legal basis? Your Personal data is collected and processed for the purposes and under the legal grounds described below. a. Managing your registration to the Platform and access to our Services Thanks to the Personal data collected through the registration form, we are able to create your User account on the Platform, verify the validity and the authenticity of your identifiers, and allow you to access our Services as set out in our Terms of Use. The collection of your Personal data is thereby necessary for the performance of the contract that binds us to you, namely our Terms of Use, which you must read and accept before subscribing to and accessing our Services. b. Management of your eBook order Your Personal data is collected and processed for the management of your eBooks purchase, according to our general Terms of Use. The collect of your Personal data in this operation is necessary to the general Terms of Use you need to accept to subscribe to our Services. Provided that you express your consent, we may store, via our payment service provider named Stripe, your credit card data in order to facilitate future purchases. c. Customization of our Services Your Personal data is collected and processed in order to improve you browsing experience on the Platform and customize our Services. Collecting your Personal data in this context is necessary to perform the contract that binds us to you, namely the Terms of Use, that you need to accept in order to subscribe to our Services. d. Data visualization Data visualization allows you to view numerical data describing your reading habits and your performance as a Gloseur. This information is private and only accessible to you. However, you may decide to share some of this information on your reading feed or on third party social networks. La Data visualisation vous permet de visualiser des données chiffrées décrivant vos habitudes de lecture et votre performance en tant que Gloseur. Ces informations sont privées et uniquement accessibles par vous. Cependant, vous pouvez décider d’en partager certaines sur votre fil de lecture ou sur des réseaux sociaux tiers. The collection of your Personal data in this context is based on the execution of the contract that binds us to you, namely our Terms of Use, which you must accept in order to subscribe to our Services. e. Commercial prospecting - Newsletter You may register to our newsletter. The collection of your Personal data in this context is based on your express and specific consent. In addition, you may withdraw your consent at any time, (i) by clicking on the unsubscribe link at the bottom of each email, or (ii) by sending an email to the following address: privacy@glose.com, or (iii) by setting up your Profile. It is reminded that in order to be able to consent alone to the processing of his or her Personal data, the User must be over 15 years old. f. Participation in specific operations When you register on GLOSE upon recommendation of one of our partner publishers, we send to this partner some data related to the books from his catalogue you read or ordered on our Platform. The transmission of your Personal data in this context is based on the legitimate interest of these partners, in accordance with article 47 of the GDPR. g. Commercial prospecting - Offer of similar eBooks When you have ordered or read an eBook on the Platform, GLOSE may send you, by email, offers for similar eBooks that we think may be of interest to you. In this context, the use of your Personal data is based on the legitimate interest of GLOSE. h. Sending of push notifications When you download the Application, you will be asked if you wish to receive push notifications from us. These allow us to notify you in real time of any activity on the Platform that concerns you or that may be of interest to you. The sending of these push notifications is based on your express consent. i. Display on the Leaderboard The Leaderboard is a scoreboard showing the full name, avatar and number of pages read by the five best readers of the Platform. The Leaderboard board is reset every week. If you Profile is set on Fully Public mode, you may be featured on the Leaderboard. If you do not wish to be shown on the Leaderboard, please set your Profile on “Friends” mode. 7. Who has access to your Personal Data? 7.1. The GLOSE Team Your Personal data collected by GLOSE are intended for GLOSE members duly authorized to process Personal data within GLOSE, namely, and depending on the nature of the processing and the category of Personal data involved, GLOSE’s representatives and employees in charge of marketing, customer services and IT services. 7.2. GLOSE’s subcontractors In the course of carrying out its activities and providing the Services, GLOSE uses subcontractors who process Personal data on behalf of GLOSE. In accordance with the GDPR, GLOSE requires his subcontractors to provide sufficient guarantees for setting up appropriate technical and organizational measures in order to ensure the security and confidentiality of your Personal Data. GLOSE uses subcontractors located in countries offering an adequate level of protection either because they are subject to the provisions of the GDPR, or, in accordance with article 45 of the GDPR, because they benefit from an adequacy decision by the European Commission (i.e. they have been, like the EU-US Privacy Shield, recognized as providing sufficient guarantees by the European Union). In cases where GLOSE uses sub-contractors located in countries offering levels of protection non equivalent to the level of Personal data protection in force in the European Union, GLOSE undertakes to regulate the data transfer by entering into standard contractual clauses established by the European Commission with these sub-contractors. You can get more information about the subcontractors’ guaranties by sending an email to at privacy@glose.com. 7.3. The other GLOSEURS GLOSE offers you the opportunity to share your Personal data with other GLOSEURS, by setting up your profile: •&nbsp;Full private: only your name is accessible to the other Users and may appear in search results, but the rest of your Profile is not visible other Users. •&nbsp;Semi-private: only your Friends can consult your Profile. It is not accessible to others. •&nbsp;Fully public: every User can access to your profile. If you choose to set your Profile on the Fully public mode, you might be featured in our weekly “Glose 5 Best Readers Leaderboard”. 7.4. GLOSE’s partners As stated in <strong>article 6. f)</strong> above, GLOSE can share with SIMON &amp. SCHUSTER (a publishing company ) your Personal data (name, email address and book bought on GLOSE) when you register to GLOSE upon SIMON &amp. SCHUSTER’s recommendation. 8. How long is your Personal data kept? GLOSE stores your Personal data, in a form that enables your identification, in an active database for the time strictly necessary to achieve the purposes for which they are collected and processed, that is to say: <strong>User Data:</strong> This data is kept for the duration of your User account and until it is deleted. A User account that has been inactive for two years will be deleted, after a notice has been sent to the User and has remained unanswered for one week. <strong>Credit card data:</strong> Provided you have given your consent, this data is stored at our payment provider named Stripe. <strong>Newsletter data:</strong> As regards your consent to receive our newsletter and your email address provided for this purpose, we keep them for 3 years from the date of your registration or the last contact from you (unless you unsubscribe, in which case your email address will be immediately deleted from this database). Your Personal data may also be archived with supervised, limited and justified access, for the time necessary (i) to comply with GLOSE's legal and regulatory obligations (accounting, taxation: 10 years), and/or (ii) to enable GLOSE to assert a legal claim, before being deleted. 9. How does GLOSE ensure the security and confidentiality of your Personal data? GLOSE undertakes to treat your Personal data: •&nbsp;Lawfully, •&nbsp;Loyally, •&nbsp;Transparently, •&nbsp;Proportionately, •&nbsp;Securely, •&nbsp;Relevantly, •&nbsp;Within the strict framework of the aims pursued and announced, •&nbsp;For the duration necessary for the agreed processing. GLOSE implements and updates the appropriate technical and organizational measures to ensure the security and confidentiality of your Personal data by preventing them from being distorted, damaged or communicated to unauthorized third parties. 10. What are your rights on your Personal data? It is possible for you, by simple written request sent to the following address: privacy@glose.com to access the Personal data stored by GLOSE, to request their correction or limitation, their deletion or portability, or to demand that they no longer appear in the GLOSE database. Under your "<strong>Right of access</strong>", you are authorized, in accordance with article 15 of the GDPR, to query GLOSE in order to obtain confirmation whether or not your Personal Data is being processed, as well as the communication of information relating to the data processing (in particular its purposes, the categories of Personal data processed and the recipients to whom the Personal data is transferred, the duration of the data's retention or the criteria used to determine this duration, your rights over the Personal data and the right to lodge a complaint with a supervisory authority). Under your "<strong>Right to rectification</strong>" as provided for in article 16 of the GDPR, you shall have the right to require GLOSE to rectify, complete or update your Personal data when it is inaccurate, incomplete, ambiguous or out of date. Under your "<strong>Right to erasure</strong>" (or « <strong>Right to be forgotten</strong>"), you can request the deletion of your Personal data, in accordance with article 17 of the GDPR. Also, you can ask for a "<strong>limited processing</strong>" according to the condition of article 18 of the GDPR, allowing the conservation of your Personal data only in order to: •&nbsp;Verify the accuracy of the Personal data that is being challenged. •&nbsp;Serve you in the context of the establishment, exercise or defense of your rights in legal proceedings, even though GLOSE no longer has any use for this purpose. •&nbsp;Verify whether the legitimate reasons pursued by GLOSE prevail over yours should you object to processing based on GLOSE's legitimate interest. •&nbsp;Satisfy your request to limit the use of your data - rather than have it deleted - in the event that the processing of your data is unlawful. Under your "<strong>Right to data portability</strong>" and in accordance with the conditions set out in article 20 of the GDPR, you have the right to receive the Personal data that you shared with GLOSE in a structured, commonly used and machine-readable format, and to transmit such data to another data controller. Under your "<strong>Right to object</strong>" provided for in article 21 of the GDPR, you have the right to object to the processing of your Personal data for marketing purposes, which includes profiling to the extent that it is related to such direct marketing. To exercise your rights of access, rectification, erasure, restriction, portability and object mentioned aforementioned, you simply need to send your request: •&nbsp;By email to the following address: privacy@glose.com. •&nbsp;By letter to:<br> <strong>GLOSE</strong> <br> 27-29 rue de Choiseul<br> 75002 Paris<br> FRANCE You can also unsubscribe to our Newsletter at any time (i) by clicking on the unsubscribing link in the email footer (ii) by sending an email to : privacy@glose.com, (iii) or by setting up your profile. GLOSE will provide the User exercising such rights with information on the measures taken, as soon as possible and in any event within one (1) month as of receipt of the request. This period may be extended by two (2) further months where necessary, depending on the complexity and number of the requests received. If GLOSE does not follow up on the request, it will inform the User, as soon as possible and at the latest within one (1) month from receipt of the User’s request, of the reasons for its inaction and the possibility of lodging a complaint with a supervisory authority and of lodging a judicial appeal. The exercise of the aforementioned rights is free of charge. However, should a request be manifestly unfounded or excessive, in particular in view of its repetitive nature, GLOSE may either (i) charge a reasonable fee taking into account the administrative costs, or (ii) refuse to act on the request. 11. What happens in case of a Personal data breach? In case of a Personal data breach, GLOSE shall notify the violation to the CNIL as soon as possible, and if possible seventy-two (72) hours at the latest after becoming aware of it, unless the breach in question is not likely to create a risk for the rights and freedoms of Users. When the Personal data breach is likely to result in a high risk to the rights and freedoms of Users, GLOSE shall notify it to them, in clear and plain language, without undue delay, subject to the exceptions provided for in the article 34 of the GDPR. Without prejudice to any other administrative or judicial remedy, the User who considers that the processing of his Personal data infringes the legislation in force shall have the right to lodge a complaint with a supervisory authority, such as the CNIL. 12. Special categories of Personal data <strong>12.1.</strong> It is reminded that in order to be able to consent alone to the processing of his Personal data, the User must be over 15 years old. Si l’Utilisateur a moins de 15 ans, les consentements conjoints de l’Utilisateur et du titulaire de l’autorité parentale à l’égard de l’Utilisateur sont expressément requis. <strong>12.2.</strong> GLOSE is not intended to collect so-called sensitive information such as racial or ethnic origin, sexual orientation, medical condition, political opinions, religious or philosophical beliefs or trade union membership, or genetic or biometric data. Consequently, Users shall refrain from sharing on the Platform any Sensitive Data concerning themselves or third parties. Any sharing by a User of Sensitive Data is done without the knowledge of GLOSE, which undertakes, as soon as it is informed, to delete the personal data or to make access to them impossible. 13. Who to ask your questions to? For any question concerning the processing of their Personal data and the exercise of their rights, Users may contact our Personal Data Referent, Mr. Christophe SPY at the following email address: privacy@glose.com. II/ PROCESSING OF PERSONAL DATA COLLECTED THROUGH COOKIES 1. What are the “Cookies”? Cookies are small text files, often encrypted, generated by the Websites you visit, and processed and stored by the browser of your computer or of your mobile phone. These Cookies allow the Websites you visit to access information such as connection data, browsing activity, parameters used (language and territory) and actions undertaken. The aim of the Cookies is to improve your browsing experience on our Platform. 2. What are the Cookies used by GLOSE? 2.1. Analytical Cookies/audience measurement These Cookies allow us to obtain information about the use of our Website and Application and to analyze traffic data. These traffic statistics allow us to detect navigation problems and thus optimize your navigation and reading experience. GLOSE may use the following Analytical Cookies: TYPE OF COOKIES FUNCTION(S) HOW TO REMOVE THEM ANALYTICAL Google Analytics: audience measurement tools, to understand the behavior of our Gloseurs across all our Services. https://tools.google.com/dlpage/gaoptout ANALYTICAL Amplitude : Analysis of User sessions and the use of our product by our Users and accounting of visits. https://amplitude.com/privacy 2.2. Tracking Cookies Such Cookies allow us to follow and track your behavior and your browsing. In particular, they are deposited and read during navigation on the Website or the Application, but also when reading an email, installing or using software or a mobile application, regardless of the type of device used, such as a computer or a smartphone. GLOSE may use the following Tracking Cookies: TYPE OF COOKIES FUNCTION(S) HOW TO REMOVE THEM TRACKING Social networks: to share pages and content on different social platforms. These Cookies also allow to target the advertising offer on social networks. You can view the privacy policies of the relevant third party social networks. https://twitter.com/personalization https://www.facebook.com/ads/preferences/ TRACKING NP6 Tag: to track your activity and send you relevant messages (email or via the mobile application) https://www.np6.fr/consumer-choice/ TRACKING Hubspot: to manage our contact forms, request a demonor else to receive a white paper. Opt-out Link: https://developers.hubspot.com/docs/methods/tracking_code_api/remove_cookies 2.3. Technical Cookies These Cookies allow us to provide you with Services that are tailored to your browsing experience, such as the ability to log in through your Facebook, Twitter or Google account. These Cookies allow us to improve your experience as a Gloseur. GLOSE may use the following Technical Cookies: TYPE OF COOKIES FUNCTION(S) TECHNICAL STRIPE: secure the payments you may have to realize.<br> https://stripe.com/privacy TECHNICAL Facebook: to manage your connection using your Facebook account and share content on Facebook TECHNICAL Twitter: to manage your connection using your Twitter account and share content on Twitter. TECHNICAL Google: to manage your login using your Google Account. 3. How long are Cookies used? The use of Cookies may be limited to the duration of your browsing on the Website with automatic deletion when you leave the Website and may not, in any event, exceed a period of use of thirteen (13) months. 4. How to accept and disable Cookies? Your prior consent is required before installing certain Cookies. Thus, during your first visit to the Platform, a "Cookie banner" will appear on the access page. The deposit of Cookies by GLOSE on your device is subject to your acceptance of one or more families of Cookies, as they appear on the Banner and whose functions are detailed herein. You will be free to modify your choices at any time, through the choices offered to you by your browser software or by clicking here. Cookies will be deposited only if they have been expressly accepted by the User. It is also possible to reject by default the deposit of Cookies by changing your browser settings. Indeed, your browser can be set to automatically accept or refuse Cookies. You also have the possibility to deactivate the storage of Cookies, to be alerted when a Cookie is issued and to see its content and duration of validity. Uninstalling a Cookie or objecting to the installation of Cookies on your devices may alter your browsing experience and prevent you from benefiting from certain Services on the Platform. Cookie instructions for the most commonly used browsers are available at the following links Mozilla Firefox : https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop Google Chrome : https://support.google.com/chrome/answer/95647?hl=en ou https://policies.google.com/technologies/managing?hl=en Safari : https://support.apple.com/en-us/HT201265 Microsoft Edge : https://support.microsoft.com/en-us/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy Opera : https://help.opera.com/en/latest/web-preferences If you would like more information on Cookie control tools, please visit the following link: https://ico.org.uk/global/cookies/ We remind you that it is not necessary to obtain your prior consent to the installation of technical Cookies, i.e. Cookies that are strictly necessary for the delivery of the Services. GloseWhat is Glose?About usFeaturesLabseBookstoreResearchHelp &amp. ResourcesDownload Glose for AndroidDownload Glose for iOSFrequently asked questionsContact usTerms of UsePrivacy PolicyGlose B2B solutionsGlose familyGlose for EducationGlose for Higher EducationGlose for TeamsCommon Reads ProgramSummer Reading ProgramVirtual LibraryGif QuotesMoreCareers &amp. ValuesLegal mentionsPressFacebookTwitter updated_at: - 2022-12-03 03:07:53.619921405 Z - 2022-12-03 03:08:00.984279188 Z
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--- text: - By continuing to use our service, you consent to the use of cookies to recommend dynamic content.If you want more information, please check our &nbsp;privacy policy. - |- .HomeBookstore<i> </i>HomeBookstore<i> </i>Log inSign up<i> </i>By continuing to use our service, you consent to the use of cookies to recommend dynamic content.If you want more information, please check our &nbsp;privacy policy.<i> </i> Glose French Société par actions simplifiée with a share capital of 14 671.15 € Registered in the Trade and Companies Register of Nanterre under number 798 135 489 Whose headquarters are located at 27-29 rue de Choiseul – 75002 Paris Represented by its President, Mr. Nicolas PRINCEN E-mail :&nbsp. contact@glose.com Phone number: +33 (0)1 88 33 40 43 VAT number: FR 85798135489 GLOSE TERMS AND CONDITIONS OF USE AND SALE Effective as of January 15, 2020 Welcome to Glose! These Terms and Conditions of Use and Sale constitute the Agreement binding us, GLOSE, to you, User of the Glose Website and Application (collectively, the <strong>“Platform”</strong>). For all questions regarding your personal data, please refer to our&nbsp. Privacy Policy &nbsp;which sets out our privacy code of conduct. 1. Definitions The term "<strong>Application</strong>" refers to the mobile application "Glose", readable on a smartphone or tablet operating under iOS or Android, available on Apple's App Store and Google's Play Store download platforms. The term "<strong>Content</strong>" refers to any word, text, image or data published by the User on the Application and/or the Website, for any purpose whatsoever, including his Contributions and exchanges with other Members. The term "<strong>Contribution</strong>" refers to any publication by the User, whether written, audio or video, in connection with eBooks, including annotations and comments, reviews and aloud book readings. The term "<strong>eBook</strong>" refers to any digital work (novels, comics, schoolbooks, periodicals and press) available for reading on the Website and Application, which Users can read, comment on, annotate and share with other Users. The term "<strong>Terms of Use</strong>" refers to the present agreement, entered between GLOSE, us, and the User, you, which governs the use of the Services offered by GLOSE on the Platform, including the purchase of eBooks by the Users. With the Order, these Terms of Use form the contractual documents enforceable against the parties, excluding any other documents, flyer, catalogue, or pictures of products which only have an indicative value. The term "<strong>Order</strong>" refers to the eBook order placed by the User on the Platform, giving access to a paying eBook. The term "<strong>Plateform</strong>" refers to the Glose Website and Application. The term "<strong>Services</strong>" refers to all the functionalities offered by GLOSE on the Application and the Website and described in Article 3.1 of these Terms of Use. The term "<strong>Special Partner</strong>" refers to an independent publishing company who has entered into an agreement with GLOSE whereby the Special Partner’s customers are authorized to read the Special Partner’s eBooks on the Platform while benefitting from the Services. Currently, GLOSE’s Special Partners are : •&nbsp;HarperCollins: - https://www.harpercollins.com/ •&nbsp;Harlequin: - https://www.harlequin.com/ The terms "<strong>User</strong>" and "<strong>You</strong>" refer to any natural person registered on the Platform after having successfully created a personal account under the conditions set forth herein. The term "<strong>Website</strong>" refers to the Website available at &nbsp;www.glose.com where GLOSE offers the Services in Saas mode. 2. Agreement, Modification and Enforceability of the Terms of Use Any use of the Application or Website by a registered User is governed by these Terms of Use. The User undertakes, upon registration on the Platform, to comply with GLOSE's Terms of Use and with GLOSE’s&nbsp;Privacy Policy&nbsp;by ticking the box " <strong> I have read and accept the Terms of Use and&nbsp;Privacy Policy </strong> ". These Terms of Use, along with our&nbsp;Privacy Policy, are available: •&nbsp;at the bottom of each page of the Website where they can be consulted at any time. •&nbsp;in the "More" tab of the Application where they can be consulted at any time. •&nbsp;in the designated tab of the Store (Google or Apple) where they can be consulted before downloading the Application. They can also be communicated to the User on simple request by phone or e-mail. GLOSE reserves the right to modify these Terms of Use at any time in order to adapt them to the evolution of the Services offered on the Application and the Website and to comply or take into account any legislative, jurisprudential, editorial and/or technical changes. <br> Should the modification be substantial, the User will be asked to expressly accept the new version of the Terms of Use before any new use of the Platform. The Terms of Use are enforceable against the User who acknowledges, by ticking a box provided for this purpose, that he or she is aware of them and has accepted them before placing an Order. Validation of the Order by its confirmation constitutes acceptance by the User of the Terms of Use in force on the date of such Order. The User is informed that in the event of a breach of these Terms of Use, and in particular in the event of use of the Platform that is a violation of the laws and regulations in force in France, or is otherwise objectionable (as determined by GLOSE), GLOSE shall terminate these Terms of Use and delete the User's account. 3. Services offered on the Application and Website 3.1 What we offer The Platform is a personalized, interactive, social and collaborative reading platform. With Glose, our goal is to make you want to read more, read better and share that with your friends. Therefore, the Website and the Application offer the following Services to Users: •&nbsp;<strong>A personalized online library</strong> of eBooks that you can display and read on all your devices (computers, tablets, smartphones). Our algorithm provides eBook suggestions according to your tastes and affinities. •&nbsp;<strong>An enhanced reading experience</strong> with our "Super Reader", an eBook reading interface that allows you to customize your eBooks (size, colour, font, etc.) and, by a simple click, comment on them, annotate them, and react by adding Content or by sharing your comments and your aloud book readings. •&nbsp;<strong>A personal</strong>“Dashboard”, where you can find the eBooks you are currently reading, those you have read and indicators and statistics reflecting your reading activity (e.g. for each eBook, the reading time or the number of Contributions). •&nbsp;<strong>A social network</strong> allowing each User to create a profile, connect with other Users, follow their activity and exchange with them, participate in reading groups, etc. •&nbsp;<strong>A platform</strong> on which you can upload your own texts or digital books in order to be able to read them while benefiting from all the above mentioned services, provided that this upload does not infringe the rights of third parties. 3.2 What we don’t offer The Website and the Application do not allow the downloading of eBooks. The reproduction, extraction or transfer of eBooks, and more broadly their use outside of the conditions described herein, are strictly prohibited. The Services are intended solely for non-commercial purposes, for the User’s personal use. Any use outside of these contexts is expressly prohibited. 4. Registration process 4.1. Registration requirements The Application and Website are intended for use by natural persons aged at least 15 years old. In order to use the Services, they must register by creating a User account on the Application or Website in accordance with the registration procedure described below and fully accepting the Glose Terms of Use and&nbsp. Privacy Policy&nbsp;by ticking the relevant box. Each User's account is strictly personal and may not be shared, lent, assigned or rented to third parties. All costs incurred by the User in connection with accessing and using the Platform – including acquisition and maintenance of necessary equipment, internet access fees, etc. – shall be solely borne by the User. 4.2. Personal data All information relating to the collecting and processing of the User’s personal data is provided in the&nbsp. Privacy Policy, which the User must read carefully before using the Platform. 4.3. Registration procedure 4.3.1 Registration on the Glose Platform To access the Services, the User must create a User account by clicking on “Registration”. There are four different ways for the User to create an account: •&nbsp;by entering an e-mail address, a login and a password. or •&nbsp;by clicking on Facebook Connect to use his Facebook login and password. or •&nbsp;by clicking on Google Connect to use his Google login and password. •&nbsp;by purchasing a book on a Special Partner’s platform Prior to the validation of the registration, the User undertakes to carefully read and accept these Terms of Use and the&nbsp;Privacy Policy&nbsp;of the Platform. The User who has successfully registered is given access to the Services offered on the Application and the Website and to his User account which contains his personal information and password, which he may change at any time. The User undertakes to provide accurate and thorough information. Entering a valid and accurate e-mail address is essential to provide the Services. GLOSE will not be held liable for the being unable to confirm a registration due to inaccurate information. The User undertakes (i) not to present himself under a false identity or usurp a third party’s identity, (ii) to have only one active User account (any additional account held by the User can be deleted by GLOSE). The User undertakes, in the event of a subsequent change to his personal data, to modify his User account accordingly as well as any data provided to GLOSE as part of his registration to Glose. The User may change his password on the Application or Website under the tab "Account Settings". 4.3.1 Registration on the Glose Platform When you purchase an eBook on a Special Partner’s website (as defined in Article 1 of these Terms of Use) this Special Partner will offer the possibility, in its order confirmation email, to read this eBook on the Glose Platform. If you chose to read this eBook on the Platform, some of your personal data will be automatically transferred from the Special Partner’s website to the Platform in order to create your User account on the Platform. By clicking on the “Read on Glose” in the Special Partner’s confirmation email, you accept the creation of your User account on GLOSE. 4.4. Confidentiality The password and login allowing the User to access the Services are strictly confidential and are intended to protect the User's personal data. The User undertakes not to communicate them to any third party and to keep them in a place known only to him. The User will be solely responsible in the event of loss or communication of his login and password to an unauthorized third party. If the User is having trouble accessing his account or has forgotten his password, the User may request GLOSE to reset his password. GLOSE cannot be held liable in the event of fraudulent use of the User's account due to the User’s negligence in keeping and protecting his User login and password. The User undertakes to report to GLOSE, as soon as he becomes aware of it and as quickly as possible, any fraudulent, unlawful or unauthorized use of his account by sending an e-mail to the following address:&nbsp;contact@glose.com. 5. eBooks Order 5.1. Essential Features, Functionality and Interoperability of eBooks Glose is available on iOS, Android and all web browsers, on computer, tablet and mobile devices. Every eBook that has been opened can then be read with or without an internet connection. 5.2. Price 5.2.1 Free eBooks The first 10% of each eBook are free to read, except for those which are fully free to read (“Free” category). To access them, the User simply needs to click on "Read" on the page of the eBook concerned. 5.2.2 Paid eBooks The confirmation of the Order entails the User's obligation to pay the price indicated. The sale prices are indicated, for each eBook, in euros, all taxes included. The total amount due by the User is recalled on the Order confirmation page. The sale price of the product is the one in effect on the day of the Order. In the event of a price promotion, GLOSE undertakes to apply the promotional price to all Orders placed during the period of advertising for the promotion. GLOSE reserves the right to modify its prices at any time, while guaranteeing the User the application of the price in force on the day of his Order. 5.3 Processing of the Order To place an Order, the User clicks on the "Buy Now" button. The User is invited to fill in his credit card information, which is necessary for us to set the price of the eBook (eBook prices vary depending on the User's country). No payment is made at this stage. Thereafter, the User has the opportunity to check the details of his Order and its total price and to return to the previous pages to correct any errors or possibly modify it. He then confirms his Order. Acceptance of the eBook offer by the User is validated, in accordance with the double-click process, by confirmation of the Order which implies acceptance of the Terms of Use and forms the eBook contract of sale. The confirmation of the Order also implies, in accordance with the Article L. 121-21 13° of the French Consumer Code, a request for immediate access to the eBook ordered and waiver by the User of his right of withdrawal. The price is due in full upon confirmation of the Order which is accompanied by an obligation to pay. An e-mail acknowledging receipt of the Order and its payment is sent by GLOSE to the User shortly after. 5.4 Payment Payment shall be made immediately upon confirmation of the Order, by credit card. The User is required to provide the name of the cardholder, the number of his bank card, its expiry date and its cryptogram. The User guarantees that he is fully entitled and authorized to use said card and that the card gives access to sufficient funds to cover all costs resulting from his Order. In order to limit the risks of fraud and to protect the interests of the Users, GLOSE may be led to refuse payment by credit card. The Website and the Application offer a secure payment system (encryption, encryption of bank data and transmissions via the STRIPE payment service provider). 5.5 Delivery Delivery means the transfer to the User of access to the entire eBook ordered. 5.6 Withdrawal The User is informed that, in accordance with the Article L. 121-21-8 13° of the French Consumer Code, the right of withdrawal is not applicable to eBooks ordered on the Platform insofar as this right cannot be exercised for digital content not provided on a physical medium whose execution has begun after prior express agreement of the User and express renunciation of his right of withdrawal. 5.7 Legal guarantees Every eBook provided by the Platform benefits from the legal guarantee of conformity provided by Articles L.217-4 and following of the French Consumer Code, and the guarantee for hidden defects provided by Articles 1641 to 1649 of the French Civil Code. 5.7.1 Guarantee of conformity GLOSE shall provide the User with an eBook compliant with the Order and shall be liable for any lack of conformity existing at the time of delivery. The User is informed that, by virtue of the law, in order to comply with the Order, a product must: •&nbsp;Be fit for the use normally expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model. - have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, particularly in advertising or labelling. •&nbsp;Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the knowledge of the seller and accepted by the latter. Defects of conformity that appear within twenty-four months of delivery of the eBook are presumed to exist at the time of delivery, unless proven otherwise. The User who wishes to implement this guarantee of conformity must address a complaint to GLOSE under the conditions of article 11.1 in order to obtain the replacement of the eBook or possibly the cancellation of the sale. In this case, it shall be incumbent upon the User to demonstrate non-compliance. 5.7.2 Guarantee for hidden defects The User may decide to implement the guarantee against hidden defects of the eBook sold, within the meaning of Article 1641 of the French Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the sale price, in accordance with Article 1644 of the French Civil Code. 6. Personal account and Content deletion 6.1. Personal account deletion 6.1.1 Cases of Personal account deletion The User may delete his User account at any time at the User’s discretion in the "Account Settings" section. GLOSE may also delete the User's account in the event that the User has not complied with the Terms of Use. Unless the User’s breach is of such gravity that it justifies the immediate deletion of the User's account, GLOSE will notify to the User the upcoming deletion of the User’s account with a seven-day prior notice allowing the User to submit his comments. 6.1.2 Consequences of Personal account deletion The deletion of the User's account will prevent the User from accessing all of the Services and will result in the deletion of the User's name from all Contributions and Content generated by the User on the Platform. GLOSE undertakes to destroy all personal data relating to the User whose account has been deleted within seven (7) days. 6.2. Content deletion GLOSE will remove, without any delay, prior notice or formality, any Content published on the Application and the Website that violates these Terms of Use or contravenes the law in force in France. 7. Account transfer and content export In certain circumstances, it may be necessary or desirable to transfer a User's account of the “Glose Education” platform to the standard "Glose" Platform (for example, in the case of a User who graduates and is no longer registered in a school). In this respect, a transfer may be preferable to deletion of the User's account so that the User can retain his or her rights to his or her eBooks, his or her content and his or her data. GLOSE will make its best efforts to allow transfers of accounts of Users concerned by such circumstances at the request of the User or the User’s school. 8. Intellectual Property 8.1. Intellectual property related to the eBooks The works made available to Users by GLOSE on the Website and the Application in the form of eBooks may be the exclusive property of their publisher(s) and/or author(s). Each of the works thus made available by GLOSE on the Super Reader is either GLOSE’s proprietary content or has been authorized by the author, the publisher or their rights holders, allowing its publishing on the Platform. GLOSE has validly obtained, when applicable, the authorization to use, under the conditions set forth herein, the eBooks and the Content associated with them that is displayed on Glose (authors’ biographies, packaging visuals, etc.) GLOSE grants the registered User, for the duration of the User’s registration, a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to display and adapt the eBooks on the Super Reader. Under the right of display, the User is authorized to read eBooks by displaying them on his device (computer, tablet or smartphone). Under the right of adaptation, he is authorized to annotate the eBook, comment on it, highlight it, and react to it by inserting Content. Any reproduction, representation or modification of eBooks, whether total or partial, by any means whatsoever, outside of the above-mentioned limits, and in particular outside the Website and/or the Application, is prohibited and would constitute an infringement of intellectual property rights punishable by Articles L. 335-2 et seq. of the French Intellectual Property Code. The User acknowledges that the eBooks made available to him on the Website and the Application are protected by technical protection measures specifically designed by Glose to prevent uses of eBooks that are not expressly permitted by these Terms of Use. The User undertakes not to circumvent, in any way whatsoever, said technical protection measures in order to download the eBooks or more generally in order to use said eBooks for purposes not authorised by these Terms of Use. The fact of knowingly infringing a technical protection measure is punishable by a fine of 3750 euros under Article L. 335-4-1 of the French Intellectual Property Code, and the fact of knowingly providing means to infringe a technical protection measure is punishable by a prison term of six months and a fine of 30,000 euros. 8.2. Intellectual property related to the Website, the Application and their elements GLOSE is the exclusive owner, worldwide, of the intellectual property rights relating to the Website and the Application as well as to all their visual elements (texts, images, user interface, graphic charter), their software (Super Reader, proprietary DRM system, content processing programs, reading analytics etc.), their databases (Glose library, Users’ Contributions, Content, etc.) (hereinafter, collectively, the "<strong>Proprietary Elements</strong>"). These rights are either initially vested to GLOSE , or validly acquired from the initial owner. GLOSE does not grant any assignment, license or rights on the Proprietary Elements except the right to use the Services on the Application and the Website solely in accordance with these Terms of Use and during the term of the User’s valid personal User account. Any reproduction and representation, in whole or in part, of the Website or the Application and/or the elements composing them by any means whatsoever, without the express authorisation of GLOSE is therefore prohibited and would constitute a breach of these Terms of Use and an infringement of intellectual property rights under applicable law. The reproduction, the representation and/or the modification of any element of the Application or Website that exceeds the functionalities of the Services as described in these Terms of Use is strictly prohibited. No license to or right in any trademarks, corporate names, logos, domain names and distinctive signs, patents, trade secrets, or processes of GLOSE, its affiliates and/or other parties that the Platform may contain or refer to is granted to or conferred upon you. Any use by the User of the foregoing is strictly prohibited except with the express prior consent of GLOSE. If necessary, the request for authorisation should be sent to the following address:&nbsp;contact@glose.com. GLOSE reserves the right to take legal action against any act of infringement of intellectual property rights, counterfeiting, unfair competition against it and, more generally, any act violating its rights. 8.3. Intellectual property of the Users Users acknowledge, represent and warrant that they own all the intellectual property rights to the Content they publish on the Platform, either because these rights were originally vested in them (e.g. an original Contribution of a User) or because they have validly acquired the rights thereto from their legitimate owner (e.g. reproduction of the image or text of a third party). The Users guarantee GLOSE in this respect. Users grant GLOSE, on a non-exclusive basis, for the entire world and for the duration of copyright protection, the right to reproduce, display and adapt the Content they publish on the Application and the Website. Under this license, GLOSE is authorized to publish the Content on the Platform, to share it with other Users, and to make any technical modifications, but also to distribute it as part of the promotion and marketing of Glose, on any GLOSE communication medium, whether online or offline. 9. Commitments and warranties of the User 9.1. Commitments of the User The User undertakes to use the Platform in accordance with these Terms of Use. The User undertakes not to include, in the Content he or she publishes on the Application and the Website, elements contrary to the law, or otherwise objectionable (as determined by GLOSE). In particular, the User agrees not to publish on the Application or on the Website: •&nbsp;Any abusive, defamatory Content, including any Content containing an incitement to racial hatred or terrorism. •&nbsp;Any violent or paedophile-oriented Content. •&nbsp;Any Content that could be qualified as harassment. •&nbsp;Any Content that is misleading, deceptive and/or deliberately contains information likely to mislead other Users. •&nbsp;Any Content containing elements directing Users to a website, a company, a competitor or an organization that contravenes French law, conveys misleading or deceptive information or is otherwise objectionable. •&nbsp;Any Content containing elements infringing the intellectual property rights or the rights to privacy of third parties. •&nbsp;Any political or sexist Content. •&nbsp;Any Content that is discriminatory or degrading in nature. •&nbsp;Any pornographic Content. •&nbsp;Any Content that harms minors or any vulnerable person. •&nbsp;Any Content that GLOSE determines violates these Terms of Use, is objectionable, or is inconsistent with the purpose or intended use of the Platform. The User also undertakes not to affect the proper functioning of the Application or the Website. To this end, the User shall refrain from any fraudulent access to GLOSE’s technologies and from interfering with or obstructing the GLOSE information system. Failing this, GLOSE will take any and all measures against the User in particular under Articles 323-1 et seq. of the French Criminal Code. In any event, in the event of a breach of the User's obligations as provided for in these Terms of Use, GLOSE reserves the right to delete the User's Account under the conditions of Article 6 of these Terms of Use. We urge you to report any content or conduct that you believe infringes your or third parties' rights either by using the "Report" tab or by writing to us directly at&nbsp;contact@glose.com. 9.2. Warranties and Indemnities of the User The User represents and warrants to GLOSE that the User has all necessary rights for the peaceful use of the rights granted to the User and the Content published, shared or created on the Application and the Website. The User shall indemnify, defend, and hold harmless GLOSE from and against any and all liabilities, costs, expenses (including attorneys’ fees), damages, fines, penalties, and any other losses of any kind relating to or arising from any claim by a third party, whether or not the latter is a User of the Application or the Website, based on an infringement of intellectual property rights, of rights to privacy, for defamation or libel, for false, misleading or deceptive statements and generally for any illegal or wrongful behaviour. The User represents and warrants: •&nbsp;That the User has full capacity to grant the rights relating to the Content under these Terms of Use. •&nbsp;That the User is the sole owner of the intellectual property rights to the Content the User shares on the Application and the Website or that the User has obtained, in writing, any authorization required prior to their publishing on the Application and the Website. •&nbsp;That the User is fully entitled to dispose of the rights granted under these Terms of Use. •&nbsp;That the User did not and will not, by assignment to a third party or by any other means, do anything or be subject to any proceedings likely to compromise such granting of rights to GLOSE, or to prevent or hinder the full enjoyment by GLOSE of the rights granted to it by these Terms of Use. More generally, the User shall indemnify, defend, and hold harmless GLOSE against from and any and all liabilities, costs, expenses (including attorneys’ fees), damages, fines, penalties, and any other losses of any kind relating to or arising from a violation by the User of these Terms of Use or by the illegal or wrongful behaviour of the User on the Application and the Website. We urge you to report to us any content that infringes your rights or the rights of third parties either by using the "Report" tab or by writing to us directly at&nbsp;contact@glose.com or at: <br> GLOSE SAS,<br> 27-29 rue de Choiseul<br> 75002 Paris<br> France<br> 10. Liability 10.1. General provisions The User and GLOSE are liable to one another for fully complying with these Terms of Use, under the general contract law. Each Party may only be held liable in the event that the damage caused to the other Party, is personal, directly linked to the performance or non-performance of one or several of the provisions of these Terms of Use or to a criminally reprehensible act that caused direct damage to the other Party. 10.2. Legal limitations GLOSE does not carry out a prior control or review over the Content posted on the Application and the Website. As a result, GLOSE does not guarantee in any way whatsoever the Content published on the Website and Application by Users. GLOSE makes no representation or warranty that any material or content displayed on or offered through the Platform is accurate, complete, appropriate, reliable, or timely. GLOSE also makes no representations or warranties that the website or application will meet your requirements, or that your access to and use of the Platform will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Users are solely responsible for their Contributions and GLOSE is not a party to any exchanges that may take place between Users. By connecting and interacting with other Users on the Application and the Website, you are directly and personally communicating with them and acknowledge that GLOSE has no obligation to (but in its discretion may) monitor or intervene in your exchanges and interactions. GLOSE may under no circumstances have any responsibility or be held liable for the Content posted by Users on the Application or Website and for any consequences thereof. GLOSE undertakes, upon receipt of a notification of illegal content filed in accordance with Article 8 of these Terms of Use, to act promptly to prevent access to it or, whenever reasonably feasible, to delete it. GLOSE implements all appropriate measures to ensure that the User is provided with quality Services under optimal conditions. However, it shall in no event be held liable for any failure or improper performance of all or part of the Services which may originate from the User or from the acts or omissions of a third party. GLOSE cannot be held liable for the non-performance of its obligations due to force majeure as defined by Article 1218 of the French Civil Code, or for causes beyond its control. The Website may contain links to other Websites not edited, controlled or monitored by GLOSE. GLOSE will not be held liable for any content or service displayed on or through these third-party websites. 10.3. Technical limitations The Website and the Application may be accessed 7 days a week and 24 hours a day by any User, except as provided below: •&nbsp;In cases of force majeure, •&nbsp;During maintenance periods chosen at GLOSE's discretion. •&nbsp;During temporary network interruptions due to Internet service providers or malfunctions independent of GLOSE. These interruptions shall not incur GLOSE's liability or give rise to any right to compensation from the User. If a technical problem caused by GLOSE makes it impossible to access the Website or the Application or to use them in accordance with these Terms of Use, GLOSE undertakes to use commercially reasonable means at its disposal to find and apply technical solutions so that such access and/or use can be quickly restored. The User accepts the constraints and limits inherent to the use of digital tools via the Internet network. GLOSE will not be held liable for any direct or indirect damage resulting from malfunctions independent of GLOSE and affecting the normal functioning of the Website or the Application. The User is solely responsible for the proper functioning, capacity and compatibility of the equipment that allows the User to access and use the Website and the Application. GLOSE cannot be held responsible for any difficulties the User may have in doing so which would originate from the User's devices or network connection. 11. Severability If any provision of these Terms of Use is found to be invalid or void, it shall not affect the remaining provisions, unless the provision is an essential provision of these Terms of Use or the provision is interdependent with another provision thereof. 12. Dispute resolution and applicable Law 12.1. Complaints In the event of a dispute relating to the formation, interpretation or performance of these Terms of Use, GLOSE and the User shall seek an amicable agreement and shall communicate to each other all necessary information to this end. The User may lodge a complaint at the following email address:&nbsp;contact@glose.com. 12.2. Mediation of consumer disputes and online dispute resolution If the dispute relating to the Order or to these Terms of Use could not be resolved under Article 12.1 hereinabove, or if GLOSE does not answer within two months, the User may, in accordance with the provisions of the French Consumer Code, submit the dispute to a mediator who will attempt to reach an amicable solution. To this end, GLOSE has joined the E-COMMERCE AND DISTANCE SELLING FEDERATION (“FEVAD”). The User may refer the matter to the FEVAD mediator by clicking on this link: &nbsp;https://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-9. The User may also submit a complaint on the online dispute resolution platform of the European Commission by clicking on this link:&nbsp;ec.europa.eu/consumers/odr/. 12.3. Applicable law and jurisdiction These Terms of Use are governed by French law. Any ongoing dispute relating to the formation, interpretation and performance of these Terms of Use which has not been settled amicably under Article 12.2 shall fall within the jurisdiction of the French courts. 13. Inaccuracies We make great efforts to provide accurate information on the Website and Application. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Website and Application. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. GLOSE makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website and Application. If you believe any portion of the Website and Application includes an error or inaccuracy, please notify us. 14. Miscellaneous If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement. No action arising out of this Agreement or your access to or use of our Website and Application, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law. If GLOSE does take any legal action against you as a result of your violation of the Agreement, GLOSE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GLOSE. You agree that GLOSE will not be liable to you or to any third party for termination of your access to, or use of, any of our Website and Application as a result of any violation of the Agreement or for any reason at all. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by GLOSE. Any purported assignment lacking such consent will be void at its inception. GLOSE may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website and Application. GloseWhat is Glose?About usFeaturesLabseBookstoreResearchHelp &amp. ResourcesDownload Glose for AndroidDownload Glose for iOSFrequently asked questionsContact usTerms of UsePrivacy PolicyGlose B2B solutionsGlose familyGlose for EducationGlose for Higher EducationGlose for TeamsCommon Reads ProgramSummer Reading ProgramVirtual LibraryGif QuotesMoreCareers &amp. ValuesLegal mentionsPressFacebookTwitter updated_at: - 2022-12-03 03:07:40.543597306 Z - 2022-12-03 03:07:47.885802700 Z