These Terms of Use are effective on February 24, 2014.
By accessing or using the Widdle Services, the Widdle service, or any applications (including mobile applications) made available by Widdle (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Widdle, LLC ("Widdle"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. Questions concerning this Services or its operation should be directed to the contact points set forth at the end of these terms of use. Use of the site is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced in these Terms of Use.
Your use of the Service constitutes your agreement to all Terms of Use and our Privacy Policy .If you do not agree to these terms, you are not permitted to use the site. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the Services. Widdle is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes. The Services are offered to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using these Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use these Services. You are responsible for making all arrangements necessary for you to access the Services and ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WIDDLE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide while using the Services is correct, current and complete. You agree that all information you provide , including but not limited to through the use of any interactive features on this Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Despite any representations concerning privacy, Widdle reserves the right to disclose without notice to you any information in its possession if required to do so bylaw or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this Services may include additional or different terms relating to the use of personal information collected from such areas or pages.
This website may provide you with links to websites on the Internet ("Linked Sites"). The Linked Sites are not under the control of Widdle, and Widdle is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Widdle or any association with the operators of the Linked Sites.
You acknowledge and agree that the materials contained in within the Services are protected by copyright, trademark and other proprietary rights and laws. You may download and print or save to your disk or hard drive materials found within the Services for your personal use only, provided that all copies you make of this material must include any copyright, trademark or other proprietary notice located on the site which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this site for the purpose of creating a collection, compilation, database, or directory without Widdle’s written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms of Use. You may not mirror or archive any part of the Services or any material contained in the Services on any device without Widdle’s written permission.
You agree not to use the Services for any purpose that is unlawful or prohibited by the Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair this site or interfere with any other party's use of this site or services. You may not seek by any means to obtain any materials or information through the site not intentionally made available to you through the site.
Nothing contained in the Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Widdle or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Widdle is the owner of all trade names, trademarks and service marks contained in the Services, whether registered or not. You must not use such marks without the prior written permission of Widdle or such other respective owners.
Widdle does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Widdle a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Privacy Policy.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Widdle may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid Services, sponsored content, or commercial communications as such.
You agree that Widdle is not responsible for, and does not endorse, Content posted within the Service. Widdle does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, WIDDLE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WIDDLE NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WIDDLE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WIDDLE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WIDDLE OR VIA THE SERVICE. IN ADDITION, THE WIDDLE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE WIDDLE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WIDDLE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WIDDLE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WIDDLE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE WIDDLE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE WIDDLE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE WIDDLE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE WIDDLE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE WIDDLE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE WIDDLE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Widdle and all Widdle employees, agents, members and trustees, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use of the Content, your breach of these Terms of Use, or your infringement of the intellectual property rights of third parties.
Except if you opt-out or for disputes relating to: (1) your or Widdle's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Widdle (whether or not such dispute involves a third party) with regard to your relationship with Widdle, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Widdle hereby expressly waive trial by jury. You may opt out of this agreement to arbitrate. If you do so, neither you nor Widdle can require the other to participate in an arbitration proceeding. To opt out, you must notify Widdle in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Widdle, LLC ATTN: Arbitration Opt-out 3558 Lee Rd Shaker Heights, OH 44120. You must include your name and residence address, the email address you use for your Widdle account, and a clear statement that you want to opt out of this arbitration agreement.
These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Widdle exclusively in a state or federal court located in Cleveland, Ohio, and to submit to the personal jurisdiction of the courts located in Cuyahoga County for the purpose of litigating all such disputes.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Widdle and governs your use of the Service, superseding any prior agreements between you and Widdle. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.
Questions about these Terms of Use should be directed to: Matt Strayer Widdle LLC matt@widdle.it Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section. This document was last revised on 02/24/14.