Welcome to Safely Social, ("Service") a service from WaveMarket, Inc., dba Location Labs ("Company"). Before using the Service, please read and accept the following terms and conditions (the "Terms of Service") as they govern access to the Service, including any information, products, webpages and any other content that the Company makes available as part of the Service.
PLEASE BE AWARE THAT THE COMPANY RESERVES THE RIGHT TO MODIFY THE SERVICE AND/OR TERMS OF SERVICE AT ANY TIME AND TO SUSPEND AND/OR TERMINATE THE SERVICE AND/OR TERMS OF SERVICE AT ANY TIME.
THE COMPANY PROVIDES THE SERVICE ON THE CONDITION THAT YOU ACCEPT THE TERMS AS PRESENTED.
BY CLICKING ON THE "I ACCEPT" BUTTON, YOU WILL ENTER INTO A LEGAL AGREEMENT WITH THE COMPANY AND WILL BE BOUND BY THE TERMS AND CONDITIONS PRESENTED BELOW WITHOUT CHANGE AND YOU CONSENT TO HAVE THIS AGREEMENT PROVIDED TO YOU IN ELECTRONIC FORM.
Only the person entering into these Terms of Service ("You") is authorized to use the Service, provided however, the Terms of Service apply to persons that You include in your account. To assist with Your family practicing safe online habits, the Service will provide You with information that may be available via the Internet about the persons You include in your account ("Your Kids") based on the information You include in your account and how you configure available account features. Subject to the limitations below, the Service may make content, such as text, data, graphics, images, photos and video files available to you (collectively "Safely Social Content") via the Safely Social website ("Site") which is accessible through Your account.
You authorize the Company to use the information in Your account to search the Internet, including any accounts with third parties that You or Your Kids make available to us and to collect, use, transmit, copy, display and create derivative works based on any content obtained as a result of such searches both as necessary to enable the Service, including functions that are incidental and necessary, such as delivery, invoicing and customer support, and for related business purposes, such as preparing analysis of aggregated, non-personally-identifiable data. The Company reserves the right to remove and permanently delete any Safely Social Content from the Site without prior notice to You. Depending on how You configure your account, the Service may send you emails, alerts, SMS or other types of alerts.
You acknowledge and agree that (a) the Service cannot and does not guarantee that it will identify and access any third party accounts for Your Kids or that accounts or Safely Social Content that the Service may identify are the actual accounts of or content for Your Kids; (b) the Service is not intended to and cannot prevent Your Kids or any third parties from accessing, using and posting content in their respective third party accounts and/or as part of other services and websites available via the Internet; and (c) the Service cannot and does not guarantee that any or all content related to Your Kids which may be available in third party accounts or otherwise available via the Internet will be identified and provided to You.
You acknowledge and agree that you will use the Service only with respect to minors for whom You are the parent/legal guardian or for whom you have the written consent of the parent/legal guardian. Using the Service with respect to any other person is strictly prohibited. You agree to indemnify, defend and hold harmless the Company and its suppliers, as set forth in Section 11 below, with respect to Your alleged or actual violation of the foregoing usage restriction.
When You establish Your account, You will be asked to provide a password. You will provide and maintain only accurate information in Your account and you will not include any information in violation of any contractual restrictions or other third party rights. You will be solely responsible for controlling use of and access to the user name and password. Keep Your account password confidential, do not use others' accounts and do not let others use Your account. You must immediately report any unauthorized use of the password or user name or any other breach of security by help@safely.com You are responsible for anything that happens through Your account – until You notify us of a breach, close Your account or prove that Your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring Your account or any information therein to another party. We reserve the right to discontinue the Service, without liability to You or any third party, in the event that You may be or are in violation any provision of this section.
By subscribing to the Service, You:
In addition to these Terms of Service, the Company's Privacy Policy governs the data collected when you use the Service and it is available at http://www.safely.com/privacy. You acknowledge and agree that Company may update the Privacy Policy from time to time at its sole discretion and You are responsible for reviewing the current version.
As of the Effective Date, You are not required to pay any service fees for the Service, provided however, the Company reserves the right to impose fees in the future and will provide notice as provided herein in such event.
When You receive SMS messages when using the Service, standard messaging fees will apply and appear on the statement that Your wireless carrier sends You. You may opt out of receiving most SMS messages sent via the Service by designating this preference in Your account or by any other method that may be available as part of the Service.
The Company may – with or without notice - perform maintenance, modify, replace, refuse access to, suspend, limit access or discontinue the Service, partially or entirely. The Company may terminate the Agreement for cause or no cause, at any time. If the Company discontinues the Service entirely or terminates the Agreement, it will post a notice on the Service website which may be accessed from: http://www.safely.com/social. The Company reserves the right to modify, supplement or replace the terms of the Agreement ("Modified Terms") by providing notice. You acknowledge and agree that upon the Company providing notice, any such Modified Terms will become effective and binding on you until the Agreement is terminated. You may terminate the Agreement by logging into your account at any time and cancelling the Service.
The Service, including any data, materials, technology, software or other materials that comprise it, is protected by copyright, trade secret and other intellectual property laws and treaties and all title and intellectual property rights in and to such are owned by and will remain the exclusive property of the Company, its licensors and/or suppliers. All rights not expressly granted herein are reserved.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE, INCLUDING THE SITE AND ANY MATERIALS UNDER ITS CONTROL, ON AN "AS IS" BASIS WITH ALL FAULTS, ERRORS AND DEFECTS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY PROVIDES NOT WARRANTY CONCERNING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; THAT THE SERVICE, INCLUDING WITHOUT LIMITATION, THE SITE AND ANY CONTENT AVAILABLE THROUGH THE SERVICE/SITE, WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, THE SITE AND ANY CONTENT AVAILABLE THROUGH THE SERVICE/SITE, IS AT YOUR SOLE RISK AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH USE.
THE FOREGOING DISCLAIMER OF WARRANTIES IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; (B) REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND AS A RESULT THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INJURY.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF THE COMPANY UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR $100.00.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; (B) REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
You agree to and will indemnify and defend the Company and its affiliated entities, and their respective employees, directors, officers, shareholders, agents, suppliers and permitted assigns from any third party damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) related to claims, demands, charges or investigations, arising out of or in connection with your use of the Service, in addition to any other obligation expressly called out in these Terms of Service. In no event will you settle any claim without the Company's prior written approval. The Company reserves the right, without waiving any rights to indemnification, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without the prior written consent of you. All indemnification obligations will continue in effect even after, and notwithstanding, any expiration or termination of this Agreement.
By clicking on the "I Accept" button you consent to the Company providing the Agreement in electronic form. YOUR AGREEMENT AND INTENT TO BE BOUND BY AN ELECTRONIC AGREEMENT APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION, AMENDMENTS AND NOTICES. To access and retain this electronic Agreement and use the Service, you must have access to the World Wide Web either directly (via computer and modem) or through devices that access web-based content and pay any applicable fees. You may save this Agreement into any word processing program or print it. You have the right to receive the Agreement in non-electronic form and to withdraw your consent to have this Agreement provided to you in electronic form. If you withdraw such consent, the Company will discontinue your access to the Service. To withdraw your consent and/or request a non-electronic copy of this Agreement, send such request to contact@safely.com.
The Company will provide notices permitted or required by this Agreement by one of the following methods: (a) posting them on the Service website; (b) via Service announcement list; or (c) by email. Receipt of any such notice is the day that the notice is sent or posted by the Company. Developer will provide notice to Location Labs at the following address: contact@safely.com.
For service-related questions, You should first review the HELP content at http://www.safely.com/social. If You still have a question after doing so, You may contact customer support: support@safely.com.
This Agreement, including any addendum or amendments to this Agreement, are the entire agreement between you and the Company relating to the Service and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Agreement. To the extent the terms of any other Company agreements or policies conflict with the terms of this Agreement, the terms of this Agreement will control. The failure of the Company to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Agreement will remain in full force and effect. The Company and affiliates and subsidiaries are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or you waive such claim or cause of action. This Agreement is governed by the laws of the State of California, excluding conflicts of law principles that may provide for the application of the law of another jurisdiction and excluding the UN Conventions on Contracts for the International Sale of Goods. You expressly agree that the exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service resides in the courts of the State of California. All options, rights and covenants contained herein that are intended to survive will survive the termination of this Agreement. The Company may freely assign or delegate all rights and obligations under the Agreement, fully or partially. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation will be ineffective.