Wana Family Network is the Public Benefit Corporation home of Komae and Sitster. Whether you’re a Komae family or a Sitster family, these Terms are for you. (And you can learn more about Wana Family Network here.)
Last updated: March 18, 2020
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Wana Family Network PBC, a Delaware public benefit corporation (“Wana”, “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of all applications and products offered by or made available by Wana, including any content, functionality, features, goods, product offerings, and services offered by or made available through Wana (collectively, “Services”), as well as Wana websites, including www.wanafam.ly, www.wanafam.com, www.mykomae.com, www.sitsterapp.com, www.sitster.co.uk, all subdomains thereof, and pages, mobile applications, social media accounts, and other online platforms we operate (collectively, the “Site”), whether as a guest or registered user. References herein to Services shall also mean to include the Site, as the context requires. References herein to “you”, “your”, or “yours” shall refer to you.
For the avoidance of doubt, Services includes the Komae and Sitster applications, including any content, functionality, features, goods, and services offered by or made available through the Komae application (“Komae”) or Sitster application (“Sitster”).
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO DOWNLOAD, INSTALL, REGISTER WITH, USE, OR ACCESS THE SERVICES. BY DOWNLOADING, INSTALLING, REGISTERING WITH, USING, OR ACCESSING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, WHICH ALSO INCLUDES THE TERMS OF OUR PRIVACY POLICY, FOUND AT WWW.WANAFAM.LY/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING AGREEMENT, AND IF YOU ARE ENTERING INTO THIS BINDING AGREEMENT ON BEHALF OF OTHER PERSONS (SUCH AS YOUR SPOUSE AND/OR DEPENDENTS) OR AN ENTITY, THAT YOU ARE DULY AUTHORIZED TO BIND SUCH PERSONS OR ENTITY; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU AND/OR THE PERSONS OR ENTITY YOU REPRESENT ARE LEGALLY BOUND BY IT. IF DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES OR THE SITE. REFERENCES HEREIN TO “USE” OR “ACCESS” SHALL INCLUDE DOWNLOADING, INSTALLING, REGISTERING WITH, USING, AND/OR ACCESSING THE SERVICES OR THE SITE, INCLUDING USING ITS CONTENT, FEATURES, FUNCTIONALITY, AND/OR SERVICES.
THESE TERMS INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; (3) A WAIVER OF TRIAL BY JURY; AND (4) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF WANA AND/OR THE SITE. EXCEPT IF YOU OPT-OUT OR IN CASE OF CERTAIN LIMITED EXCEPTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. When we do update these Terms, we will also revise the “Last Updated” date at the top of these Terms. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration, Dispute Resolution, and Class Action Waiver will not apply to any disputes for which the parties have actual notice prior to the date the change is posted by us.
Your continued use of the Wana Site and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We may send you a courtesy email if we have an email address on file for you notifying you of changes to the Terms of Use.
Description of the Services
Wana offers Services, including online platforms as well as products, tools, and interactions, both online and offline, to help persons meet with other persons for the purpose of exchanging or seeking and receiving family care, including care for one’s pet. The Services enable you to exchange or seek and receive care with friends, neighbors, and family that you connect with using the Services: a network of individuals we refer to as your “Village”.
Wana Services use a cash-free ecosystem that runs on a virtual currency called Points. As further described below, Villagers earn Points when they provide care services and spend those Points when they need to receive such services. Villagers may also purchase Points according to the Terms.
Any and all visitors to the Site and/or users of the Services shall be deemed “users” for the purpose of these Terms. Any user who represents a household of adult(s), with or without child dependent(s), and who registers for our Services through the process of successfully creating a profile reserved for such users (“Family Profile”), shall be referred to as a “Family.” Any user who otherwise meets the eligibility criteria provided herein and who registers for our Services, through the process of successfully creating a profile reserved for such users (“Care Profile”, collectively with Family Profile, a “Profile”), shall be referred to as a “Villager.” For the purposes of these Terms, “Villager” shall also mean to include “Family.” A user who subscribes to receive marketing content through the Site but does not or cannot, due to eligibility requirements, create a Profile, shall be referred to as a “Guest.”
Our Services include but are not limited to:
- We enable Villagers to post profiles on the Site for the purpose of requesting and/or offering care to other Villagers;
- We provide a scheduler to help Villagers organize care with other Villagers;
- We provide a messenger that allows Villagers to communicate without revealing contact information;
- We enable Villagers to give, receive, and purchase Points on the Site for the purpose of trading care equitably, and to monitor their inventory and usage of Points;
- We enable Villagers to provide information on their association with certain educational institutions, community groups, and/or other local entities in order to describe themselves and connect with other Villagers of similar interests;
- We provide search functionality (“Search Services”) on the Site to allow Villagers to identify other Villagers they are interested in meeting based on their needs, preferences, and affiliations;
- As a courtesy, we may provide tools to help Villagers make more informed decisions, such as (i) trust indicators on Profiles, which show other Villagers’ quantity of activity on the Site, and (ii) peer reviews on Profiles, which show other Villagers’ quality of activity on the Site;
- We provide notification of events outside the Site that Villagers may choose to attend.
We are constantly working to provide new and better Services for our Villagers and Guests. These Terms shall apply to any and all additional, updated, modified, and/or revised Services unless otherwise stipulated.
By accessing or using the Services or Site, you knowledge that Wana merely offers tools, resources, and a venue to connect those seeking care services with those seeking to provide such services. You understand and agree that Wana: (a) is not a party to any transactions between users; (b) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (c) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (d) makes no representations or warranties about the quality of the services provided by any users or about your interactions or dealings with other users; and (e) does not screen users or conduct any kind of identity or background checks with respect to users other than as a courtesy. You should therefore exercise caution and perform your own diligence and screening before connecting with anyone through the Services, meeting anyone, engaging users or accepting engagements. Wana hereby expressly disclaims, and you hereby expressly release Wana from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services or your interactions or dealings with other users, including without limitation any acts and/or omissions of users online or offline. By accessing or using the Services, you acknowledge and agree that you are solely responsible for your use of the Services and the connections you make and that ALL USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
Family’s and Villager’s Representation and Warranties
Users who meet certain eligibility criteria, as defined below, may register a Profile with Wana Services to gain access to our Services reserved exclusively for Families and Villagers.
Eligibility
You are responsible for providing accurate, current, and complete information in connection with your registration, you commit to keeping such information up-to-date and accurate, and you will register your Profile in your own legal name.
To open a Profile, you also represent and warrant that you meet the following eligibility criteria:
- You are 18 years of age or older and if you have child dependent(s) seventeen (17) years of age or younger, then you are acknowledging and agreeing to these Terms on their behalf as well;
- You have the need for, and/or have the capacity and willingness to meet others’ need for, family care, including child care, elder care, and care of pets;
- Neither you nor any member of your household, your home, or the location where care services are provided or received (a) has ever been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others, dishonesty, negligence, or drugs, or otherwise arrested for, charged with, or convicted of a felony or any criminal offense involving the above; (b) has ever been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse, or domestic violence offenses; (c) has ever been registered, is currently registered, and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; or (d) is currently out on bail or pending trial relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse, or domestic violence offenses.
If you do not meet the above eligibility requirements, do not register to use the Site or Services as a Family or Villager. Wana reserves the right to immediately suspend or terminate your Profile for any violation of the foregoing requirements, or otherwise for knowingly providing any information of a false, untrue, inaccurate, or incomplete nature, in each case at its sole discretion.
Exclusive Use and Security
To access the Services and/or some of its content, features, functionality, and/or services, you may be required to register a user account, where you may be required to share certain personal information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any content, features, functionality, or services on the Services, is governed by our Terms of Use, including the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Terms of Use, including the Privacy Policy.
If you choose, or are provided with, a user name, 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 the Services or portions of it using your user name, password or other security information, except as expressly provided in the Terms. You may not assign or otherwise transfer your account to any other person or entity, and you are responsible for all activities that transpire on or within your account. It is your responsibility for any act or omission of any persons that access your account information that, if undertaken by you, would be deemed a violation of the Terms. You agree to notify us immediately via help@wanafam.ly of any unauthorized access to or use of your user name or password or any other breach of security and to immediately cease all use of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. Wana shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms.
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.
You acknowledge and accept that certain content, features, functionality, and/or services of the Services may be unavailable to you unless you register an account. You further acknowledge and accept that certain content, features, functionality, and/or services of the Services may be available subject to payment by you.
When you set up a Profile, you are the sole authorized user of that account, even if you are representing multiple adults in your household. When seeking care, you may use your account only to arrange care for your children, your grandchildren, individuals for whom you are the legal guardian, and/or your pets. When offering care, you may use your account only to arrange care provided by yourself in your own home; provided, however, that care for pets may be provided elsewhere as well, as agreed upon and acknowledged in writing by the Villager accepting those services. You may from time to time arrange for care services to be provided in an alternate location, such as a park, or by another adult represented as a member of your household in your Profile, only as agreed upon and acknowledged in writing by the Villager accepting those services.
We reserve the right to withdraw or amend the Services, and any content, features, functionality, and services we provide on the Services, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of the Services at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of the Services, to users, including registered users.
You are responsible for (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
Payments and Points
Payments
There is no charge to become a Family, Villager, or Guest of the Wana Site or Services. You may create an account, connect with Families and Villagers, and trade Points in exchange for care, for free.
In the event you have need or want of more Points than you have received from Wana Services or earned by care for other Villagers, you may purchase additional Points from Wana Services for a fee. Wana and Wana Services may also, from time to time, offer additional Services for a recurring fee, one-time fee, or other fee. You are responsible for any and all taxes and other mandated fees associated with the Services, which includes product offerings. You acknowledge and agree that the same virtual currency and/or the same content, features, functionality, or Services may be offered at different prices to different users.
To the extent you elect to purchase Services for a fee, you authorize Wana, or a third party payment processor that works on our behalf, to charge your payment account with the fees collected for such Service, including any service fees charged by Wana as provided hereunder. You agree that Wana or the designated third party processor may store your payment information in accordance with the appropriate privacy policy. We may then charge that payment account for additional Services that you purchase, including those that occur automatically as a result of a purchase pre-authorized by you. You hereby represent and warrant that any and all payment information you provide is legal, complete, up-to-date, and accurate, and that you have the right to use such account and/or payment method.
Wana reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Except as set forth in these Terms or as described on the Site at the time of purchase, all payments for Services are non-refundable, and there are no refunds or credits for unused, partially used, and/or cancelled Services. Wana does not provide refunds or credits under any circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances.
Promotions
At its sole discretion, Wana Services may offer special Points or other promotions, awards, discounts, or redemptions (together referred to as “Promotions”). All Promotions can be modified or terminated at any time by Wana with or without advance notice. Promotions may be offered on a limited-time basis and may be subject to certain additional terms.
Some Promotions may be offered to first-time Villagers only. In such a case, a Villager will be eligible to receive the Promotion only if they have never before been registered as a Villager. Wana will use information provided by the user to determine eligibility, including but not limited to, name, address, and email address. Determination of eligibility is at the sole discretion of Wana.
Points
You may receive or purchase Points to be used as payment to other Villagers in exchange for care or for other activities as described on the Site. A “Sit” is a discrete occurrence where a Villager (or Villagers) provides care for another Villager (or Villagers), or the Villager’s dependent(s) and/or pet(s), using the Services. A Sit shall be “Concluded” when the scheduled time for the care session has passed and “Completed” when the involved Villagers have acknowledged the Sit’s Completion through the Site and approved the number of Points for transfer.
When a Villager requests or offers a Sit from or to another Villager, Wana Services provide a suggested number of Points to be transferred upon Completion of the Sit, based on, but not limited to, the duration of the Sit. Both Villagers are responsible for reviewing and agreeing on the number of Points to transfer prior to booking the Sit. Booking is considered confirmation and approval of the recommended Points to transfer, unless otherwise specified in writing by the Villagers. Points will not be transferred until the Sit is Complete.
Upon Conclusion of the Sit, either Villager may adjust the parameters of the Sit affecting Points calculation, including, but not limited to, the duration of the Sit, based on the final circumstances of the Sit; Wana Services will provide an updated suggested number of Points to be transferred. Either Villager may adjust the number of Points to be transferred. Twenty-four hours after a Sit Concludes, the Sit is automatically considered Complete, and Points are transferred from the Villager who received the Sit to the Villager who hosted the Sit.
Once a Sit is Complete and Points are transferred, the transfer is final. Wana will not be held responsible for the satisfaction of either Villager in the number of Points transferred or the timing of that transfer.
Points have no monetary or cash value, and your receipt or purchase of Points does not represent a pre-funding of stored cash value that can be accessed or used in the future for any purpose. Points, however obtained, cannot be sold, transferred, or exchanged for “real world” money or cash and cannot be redeemed for any goods or services outside of the Services and outside of the Site. Points may only be received and/or purchased in whole numbers from the Site for use on the Site and may be transferred exclusively on the Site between Villagers, other Villagers, and/or Wana. Users may not engage in any transaction related to Points outside of the Site, and may engage in only such transactions related to Points as mandated by these Terms and the Site. Accordingly, you may not sell Points or related items for “real” money or otherwise exchange items for value outside of the Site. We cannot assume responsibility for any such transaction or be forced to recognize any such transaction, which shall be void.
If you purchase Points, you agree to pay Wana the price indicated on the Site at the time of purchase. You agree that all sales are final and non-refundable and you are not entitled to a refund of any unused Points, including in the event that you close your account or your account is terminated by us.
Notwithstanding anything to the contrary herein, Wana may impose certain limits on the collection and use of Points via the Services and may otherwise adopt rules and policies with respect to Points from time to time, and make such rules and policies available via the Services. Wana retains all right, title, and interest in and to any Points provided to you via the Services or the Site, and may rescind, cancel, deduct or adjust the Points associated with your account at any time and for any reason, at its sole discretion.
Background Checks as Courtesy
By registering for and using the Services and/or the Site, you hereby acknowledge and agree that Wana has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Services, the Site, and its users (“Internal Background Checks”). Wana may order these checks when you register with the Site as a Guest or Villager and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other users, requesting or offering a Sit, etc.).
The Internal Background Checks are regulated by the Fair Credit Report Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, worker’s compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that Wana may review the information provided by the third-party consumer reporting agency and that Wana retains the right to terminate your Services registration based on the information it receives from these checks, even if such information was subsequently dismissed.
BY AGREEING TO THESE TERMS AND USING OUR SITE AND SERVICES, YOU AGREE TO ALLOW WANA TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE WANA. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
You further expressly acknowledge that Wana has no obligation to perform Internal Background Checks on any users, and any safety and integrity benefits derived from such Internal Background Checks are done so as a courtesy to the users. To the extent Wana performs such checks on certain users, the checks are limited and should not be taken as complete, accurate, up-to-date, or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services and the Site. Moreover, you hereby represent, understand, and expressly agree that those checks are completed by a third-party consumer reporting agency (not Wana), that the specific records searched and the comprehensiveness of the search varies by the type of background check ordered as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person’s criminal history.
California Business and Professions Code Section 18890.2 requires our Site to include the following statement: “Trustline is California’s official background check for license-exempt babysitting providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free number is 1 (800) 822-8490.”
Wana may or may not use Trustline as a third-party verification service, at its sole discretion.
No Endorsement; User Verification as Courtesy
Wana does not employ or endorse any individual, family, or entity for the purpose of providing care. Also, Wana does not review or verify the accuracy of User Contributions (as defined below). Wana does not have and expressly disclaims control over the quality, timing, suitability, responsibility, accuracy, or legality of information, communications, goods, products, and/or services provided by users using the Site or through the Services, whether through public, private, online, or offline interactions.
We may enable users to verify certain information like address, email address, or phone number. If we indicate that a user has verified this information, it means they have successfully completed a process established and provided by us or a third party to review the information’s accuracy. Wana makes no claim or guarantee of the actual accuracy of the information provided for this process, nor does Wana make claim to the thoroughness, completeness, timeliness, accuracy, or quality of the verification process, and any such verification is provided as a courtesy.
Villagers may use the Services to view a customized list of Villagers to consider for care based on information provided by the Villager, including, but not limited to, geographic location, family composition, childcare needs, care needs, general preferences, and affiliations. In providing these Services, we are not referring or endorsing any Villager. If a Villager agrees to engage in care with another Villager identified through the Site in this or any way, such agreement is made solely between the Villagers; Wana is not a party to any such agreement.
Villagers may select certain school or local group affiliations to show as part of their profile and in search results. Unless expressly stated otherwise, Wana is not affiliated with and does not refer or recommend any of these organizations, nor do we verify the Villager’s affiliation with these organizations.
We are also not providing any medical, diagnostic, treatment, or clinical service nor engaging in any conduct that requires a professional license.
Villagers are solely and exclusively responsible for screening, interviewing, performing background checks on, collecting reference checks on, verifying information provided by, and selecting appropriate Villagers to engage with for care. You agree to take reasonable precautions in all interactions with users, both online and offline.
Wana is not responsible for the conduct, whether online or offline, of any user of the Site or Services. Moreover, Wana does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. Any issues concerning the conduct of a user including, without limitation, care received or provided by a Villager, the behavior of a Villager and/or Family members before, during, or after a sit, the negotiation of Points transfer in connection with a sit, or any User Contributions, must be resolved directly by the users involved.
Reliance on Information Posted
The information presented on or through the Services and/or the Site is made available solely for general information purposes. Without limiting the generality of the foregoing, such information is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user of the Services and/or the Site, or by anyone who may be informed of any of its contents.
License Grant
Subject to these Terms, Wana grants you a personal, limited, revocable, non-exclusive, non-sublicenseable, and nontransferable license to: (a) download, install, register with, use, and access the Services for your personal and non-commercial use as expressly authorized by these Terms on a Device (computer, tablet, smartphone, mobile device, or any electronic device owned or otherwise controlled by you, a “Device”) authorized under the license granted by Wana to you, strictly in accordance with these Terms; and (b) access, stream, download, and use on such Device the content, features, functionality, and services made available in or otherwise accessible through the Services, strictly in accordance with these Terms. These Terms are limited to the intellectual property rights of Wana and its licensors and do not include any rights to other intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.
License Restrictions
You shall not: (a) copy, reproduce, adapt, duplicate, alter, create, create derivative works of, translate, localize, port, plagiarize work from, or otherwise modify the Services or any part thereof in any form or manner or by any means, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, reverse assemble, reverse compile, reverse translate, disassemble, decompile, decode, or otherwise attempt to derive, discern, locate, or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, encumber, modify, time-share, grant a security interest in, transfer, or otherwise make available or exploit the Services, or any content, features, services, or functionality of the Services, or any right thereto, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized by these Terms; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services. Furthermore, you do herein agree not to alter or change the Services in any manner, nature or form, and as such, not to use any modified versions of the Services, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Wana for use in accessing our Services. Any attempt to do any of the foregoing is a violation of the rights of Wana and its licensors. If you breach these restrictions, we will terminate your account and you may be subject to prosecution and damages.
Reservation of Rights
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Wana and its licensors and vendors reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Collection and Use of Your Information
All information we collect through or in connection with the Services and the Site is subject to our Privacy Policy, available at www.wanafam.ly/privacy-policy and incorporated herein by reference. By downloading, installing, registering with, using, accessing and providing information to or through the Services and the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Updates
We may from time to time in our sole discretion develop and provide updates for the Services and/or otherwise make changes to all or parts of the Services and/or the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, functionality, and services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular content, features, functionality, or service. Based on your Device settings, when your Device is connected to the internet either: (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
We may or may not backup any or all content, features, functionalities, services, or aspects of the Services, including your settings; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
Further, we reserve the right to in any way modify, amend, or withdraw the content, features, functionality, status, settings, condition, and/or other customized or personal features of the Services for a user or users at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.
You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
Intellectual Property Rights
The Services, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Services and/or the Site, and the client and server software) are owned by Wana, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Wana or such applicable licensor or provider, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on the Services, in whole or part. You herein agree not to display and/or use Site content in any manner without the prior express written consent of Wana.
You agree that you have no rights or title in or to any content that appears in the Services and/or the Site, including any attributes associated with your access and use of the Services or stored on the Services’ server. As provided above, all such content, features, services, and functionality shall be owned by Wana, its licensors, or other providers of such material.
You agree to fully and exclusively assign to us upon creation, with full and exclusive ownership rights, any intellectual property or other tangible or intangible rights, interest, or title that you have or may have toward such content, including any suggestions or feedback you share with us in regards to the Services and/or the Site, as further elaborated below. You further agree to waive any and all causes of action against us that you may have in regards to any right, interest, or title that cannot be assigned to us in accordance with these Terms of Use.
Any and all: (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to Wana (collectively “Feedback”); and (ii) all improvements, updates, modifications or enhancements, whether made, created or developed by Wana or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Wana. This includes, without limitation, Feedback and Revisions provided by way of comments, ideas, messages, questions, suggestions, or other communications you provide to us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts). You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Wana and Wana may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice to, compensation to, or consent from you and without retention by you of any proprietary or other right or claim. You hereby assign to Wana any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Wana’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
These Terms of Use permit you to access and use the Services and the Site only for your personal and non-commercial use as expressly authorized under these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as follows: (i) your Device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (ii) you may store files that are automatically cached by your Device for display enhancement purposes.
You must not: (i) modify copies of any materials from the Services; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services, except as expressly authorized by these Terms.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services may be ceased immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Wana. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Trademarks
The Company name, the names and application icons of the Services, the Company and the Services logo and all related names, logos, product and service names, designs and slogans are trademarks of the Wana or its affiliates or licensors. You must not use such marks without the prior written permission of Wana. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services and the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Services or the Site: (i) if you are not fully able and legally competent to agree to these Terms; (ii) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (iii) for the purpose of exploiting, harming, or attempting to exploit or harm others, especially minors, in any way by exposing them to inappropriate content, asking for personally identifiable information, “stalking” them, acting with the intent to harass them, or otherwise; (iv) for sending or storing any material prohibited by applicable law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with applicable federal, state, local and/or international laws and regulations; (vi) to transmit, or procure the sending of, any advertising or promotional material or commercial advertisements, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (vii) to impersonate or attempt to impersonate Wana, a Wana employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (viii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or the Site, or causes an annoyance, nuisance, or inconvenience, or which, as determined by us, may harm Wana or users of the Services or the Site or expose them to liability.
Additionally, you agree not to: (q) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; (r) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, or otherwise harvest or scrape any content or data from the Services; (s) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (t) use the Service in any service bureau arrangement; (u) use any device, software or routine that interferes with the proper working of the Services; (v) introduce any viruses, trojan horses, worms, logic bombs, software virus, or other computer code, files, programs, and/or material material which is malicious or technologically harmful and/or which has been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment, disrupt the normal flow of communication, or otherwise act in any manner that would negatively affect other users’ ability to participate in any real time interactions, interfere with or disrupt any Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; (w) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, Device, or database connected to the Services; (x) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; (y) otherwise attempt to interfere with the proper working of the Services; otherwise circumvent any functionality that controls access to or otherwise protects the Service; or (z) permit any third party to engage in any of the foregoing.
In addition to the foregoing, you may receive the personal information of other users. Any personal information you receive may only be used for the specific purpose it was provided to you. You may not directly or indirectly disclose or sell the information to any other person or entity, and users may not contact other users for any purpose other than coordinating care or other use of Services through platforms provided by Wana. Further, you will not use information obtained from the Site or Services for the purpose of circumventing Wana’s messenger, scheduler, or other tools, including for the purpose of avoiding the obligation to pay fees to Wana.
Any attempt to do any of the foregoing is a violation of the rights of Wana and its licensors. If you breach these restrictions, we will terminate your account and you may be subject to prosecution and damages.
Third-Party Materials and Links
The Services and/or the Site may display, include, incorporate, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties, including federal, state, and local governmental agencies) or provide links (each, a “Link”) to third-party websites, sites, content, resources, or services, including through third-party advertising as well as links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications, as well as links by third parties, including users of Wana, on external websites (including, without limitation, social media platforms), referencing or including hyperlinks of the Site or the Services (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Wana is not responsible for and does not endorse Third-Party Materials, including their accuracy, completeness, timeliness, availability, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by Wana, are solely the responsibility of the person or entity providing the same. Wana does not assume and will not have any liability or responsibility, directly or indirectly, to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise or may be alleged to arise from your use of or reliance on them, including the content, goods, or services made available on or through any such Third-Party Materials and Links. If you decide to access any of the Third-Party Materials and Links linked to the Services and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
User Contributions
The Services and/or the Site may contain message boards, chat rooms, personal pages or profiles, accounts, forums, bulletin boards, network-creation functions and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users, other persons, or for themselves, or to us (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services or the Site. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post on the Services or to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and vendors, and each of their and our licensees, successors, and assigns an irrevocable, perpetual, worldwide, non-exclusive, unlimited, royalty free and fully paid, sublicensable (through multiple layers of (sub)licensing), fully or partially transferable license to use, copy, perform, reproduce, adapt, modify, perform, display, distribute, and otherwise disclose to third parties the User Contributions and any such material for any purpose at our sole discretion, including to prepare derivate works of, incorporate into other works, and to grant and authorize sublicenses of the foregoing.
You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and vendors, and each of their and our licensees, successors and assigns; (b) the posting of User Contributions by you and use of the same by Wana will not infringe or violate the rights of any third party, and (b) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Wana, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Wana disclaims any liability whatsoever for any User Contributions. Users hereby acknowledge and agree to hold Wana harmless for any (mis)statements and/or (mis)representations made by or on behalf of them through the Services, on the Site, or in any other venue.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services. We may or may not backup User Contributions, and we cannot guarantee that the User Contributions will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
Users with whom you have provided or received care or other Services may post User Contributions, in the form of comments or otherwise, about the Sit on your profile or elsewhere on the Site. You understand and agree that Wana has no obligation to remove such content, and you may not terminate your registration and re-register in order to prevent such content from being associated with your account. Such content can be edited or removed by the user who authored the content, or by Wana, at its sole discretion.
We may or may not backup the status, condition, content, and/or other personal features of the Services, including your account and the status, condition, content, and/or other personal features thereof, and we cannot guarantee that the same will not be lost, damaged, or deleted. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
Monitoring and Enforcement; Termination
We have the right to: (a) pre-screen, review, edit, remove and/or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Wana; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (e) terminate, remove, or suspend your access, including your account, to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. You acknowledge that our exercising of these rights may cause harm or damages to you, and you hereby acknowledge and agree that Wana shall not be liable for any such harm or damages.
If you breach any of the terms of these Terms, all licenses granted by us, including permission to use the Services, will terminate automatically. Additionally, we may suspend, disable, or delete your account, your access to or use of the Services, or any part of the foregoing with or without notice, for any or no reason, in our sole discretion. If we delete your account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. You hereby acknowledge and agree that Wana shall not be liable for any harm or damages such actions or omissions may cause. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Wana or you. Termination will not limit any of our other rights or remedies at law or in equity.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services and/or the Site. YOU WAIVE AND HOLD HARMLESS WANA AND ITS AFFILIATES, LICENSEES, AND VENDORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Services and/or the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, including User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, unlawful, harmful, threatening, tortious, vulgar, libelous, slanderous, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of another’s privacy, or otherwise objectionable (racially, ethnically, sexually, religiously, or otherwise); (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other proprietary or intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) without limiting the generality of the foregoing, including any photographs, names, or personal identifying information about any minors for whom you are not the parent or legal guardian; (f) be likely to deceive any person; (g) promote any illegal activity, or advocate, promote or assist any unlawful act; (h) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (i) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (j) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except as expressly authorized by these Terms; (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; and (l) include false or inaccurate information when registering for an account, communicating with Wana and/or other users, or otherwise using the Site and Services.
Confidentiality
You acknowledge and agree that the Service, these Terms, and any information you may learn about the Services or Wana, including any information related to Wana’s business practices, strategies, designs, products, processes, technologies, and inventions, is confidential and proprietary to Wana, whether or not marked as such, and may constitute trade secrets protected by law (such information, collectively “Confidential Information”). You acknowledge the confidential and secret character of all Confidential Information, and agree that the Confidential Information is the sole, exclusive, and valuable property of Wana. Accordingly, you shall not disclose all or any party of the Confidential Information in any form to any third party, during or after your use of the Services, without the prior written permission of Wana.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that the Services and any material, content, functionality, service, or feature thereof will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OR SERVICES OBTAINED THROUGH WANA OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “PAGE”) LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, FEATURES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH WANA IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH WANA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WANA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS LICENSORS AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WANA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES AND ITEMS OBTAINED THROUGH WANA, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE VIRUS- OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH WANA WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER, WANA DOES NOT WARRANT ANY HARM TO YOUR COMPUTER SYSTEM AND/OR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES AND ITEMS OBTAINED THROUGH WANA, OR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY WANA. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OUR SITE OR SERVICES SHALL CREATE ANY WARRANTY IF AND UNLESS SUCH WARRANTY IS EXPRESSLY STATED IN THE TERMS. FURTHER, WANA DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY, OR AVAILABILITY OF ANY PRODUCTS, GOODS, AND/OR SERVICES OBTAINED BY YOU FROM THIRD PARTIES (INCLUDING USERS) THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND/OR USE OF THE SERVICES, AND ANY THIRD PARTY (INCLUDING USER) PRODUCTS, GOODS, AND/OR SERVICES, REMAINS SOLELY WITH YOU.
IN ADDITON, AND WITHOUT LIMITING THE FOREGOING, WANA MAKES NO PRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE AND SERVICES TO PROVIDE OR RECEIVE BABYSITTING OR OTHER GOODS, PRODUCTS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WANA OR ITS AFFILIATES OR ITS LICENSORS, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH WANA OR SUCH OTHER SITES OR SUCH OTHER PAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING FROM OR RELATED TO: (I) THESE TERMS; (II) THE USE OR INABILITY TO USE THE SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (IV) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING USER CONTRIBUTIONS; (V) THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, INCLUDING USER CONTRIBUTIONS; OR (VI) ANY PRODUCTS, GOODS AND/OR SERVICES YOU RECEIVE FROM OTHER USERS OF THE SERVICES AND FROM THIRD PARTIES; IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO THE SERVICES OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’ AND OUR LICENSORS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT WANA HAS ACTUALLY RECEIVED FROM YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER; NOTWITHSTANDING THE FOREGOING, WANA MAY, AT ITS OPTION, INSTEAD DECIDE TO RE-PERFORM THE SERVICES WHICH ARE PERFORMED THROUGH THE SERVICES. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT WANA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY USING OR ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE AND HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WANA AND YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
By agreeing to these Terms and using the Services, you agree to defend, indemnify and hold harmless Wana, its affiliates, licensors, and vendors, and its and their respective officers, directors, shareholders, partners, owners, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees and costs) arising out of or relating to: (i) your violation of these Terms of Use or your use of or access to the Services, including, but not limited to, your User Contributions, any use of the Services’ or the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services; (ii) your violation or breach of any term of these Terms or any applicable law or regulation; (iii) your violation of any rights of any third party; (iv) any claim that your User Contributions caused damage to a third party; (v) your negligence or willful misconduct; (vi) any products, goods, and/or services you provide to other users of the Services; and (vii) any relationship or agreement formed with a user using the Site or Services. You further agree that you will cooperate as reasonably required in the defense of such claims. Wana reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Wana. Users further agree to hold harmless Wana from any claim arising from a third party’s use of User Contributions.
Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. For example, the Villager providing a Sit for your dependent may not be suitable or safe for your dependent, or your interactions with other Villagers may violate your rights. You agree to take and be held solely responsible for all necessary precautions when interacting with other users.
In the event you have a dispute with any user, either online or offline, you agree to release Wana from claims, demands, and damages (including, without limitation, actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Copyright Policy: Notice of Infringement; Digital Millennium Copyright Act
Anyone who believes that his or her work has been reproduced in the Services in a manner which constitutes copyright infringement may submit a notification to Wana’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (i) identification of the copyrighted work that is claimed to be infringed; (ii) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services; (iii) information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; (iv) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law; (v) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: Wana Family Network PBC, Attn: Erin Beck, 3371 Glendale Blvd., #124, Los Angeles, CA 90039, United States; or by email to erin@wanafam.ly. We will respond expeditiously to claims of copyright infringement using the Services that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
If you believe that any of your User Contributions that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually 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 send a counter-notice containing the following information to our copyright agent: (i) your physical or electronic signature (with your full legal name); (ii) 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; (iii) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
Geographic Restrictions
The owner of the Services is based in the state of Delaware in the United States. We provide the Services for access and use only by persons located in the United States. We make no claims that the Services or any of its content, features, or functionality is accessible or appropriate outside of the United States, and you acknowledge that you may not be able to access all or some of the Services outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Export Regulation
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
US Government Rights
The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). You and Wana agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. Your use of the Services may also be subject to other local, state, national, or international laws.
Arbitration, Dispute Resolution, and Class Action Waiver
Binding Arbitration. Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: legal@wanafam.ly. Wana will send any notice of dispute to you at the contact information we have for you.
Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Wana will pay all other AAA and arbitrator’s fees and expenses.
Individual Basis and Waiver of Trial by Jury. To the fullest extent permitted by applicable law, you and Wana each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any controversy that may arise under these Terms is likely to involve complicated and difficult issues and, therefore, you and we irrevocably and unconditionally waive any right you or we may have to a trial by jury in respect of any legal action arising out of or relating to these Terms. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction of the Federal and State courts located in the City of Los Angeles, State of California, and you and we each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opting Out. If you do not want to arbitrate disputes with Wana and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@wanafam.ly within thirty (30) days of the first of the date you access or use the Services.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Termination of Account
A Family or Villager who no longer meets the eligibility requirements herein is no longer eligible to use the Site and/or Services through a Profile. If you have an existing account but no longer meet the age eligibility requirements, you will no longer have access to the portions of the Site and Services that require Profile registration. Your Profile will no longer be displayed, but other User Contributions (e.g., messages to other users, reviews of Completed Sits) may or may not remain on the Site, at our sole discretion. For assistance reactivating your account, contact help@wanafam.ly.
You may terminate your own account at any time. You may re-register at any time, but your previous information and activity, including any of your User Contributions and any Points associated with your account, may no longer be available. Any promotion points offered to new users are only available once per household; you will not receive any promotion points intended for new users upon re-registration.
Upon termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your profile will no longer be displayed, but other User Contributions may or may not remain on the Site, at our sole discretion. Any User Contributions associated with your account after your account is terminated may not be available to you if you re-register with Wana. Wana shall be under no obligation to provide you with a copy of User Contributions by or about you on the Site. Upon termination of your account by you or us, we may modify and/or delete your User Contributions, whether on your account or elsewhere on the Site, and you hereby acknowledge and agree that you shall not hold Wana liable for any damage that this action or omission may cause you.
Following any termination of any user’s use of the Site or the Services, Wana reserves the right to send a notice thereof to other Villagers or Guests with whom we believe the user has corresponded. Our decision to terminate a user’s registration and/or to notify other users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the user’s character or general reputation.
Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Wana for which monetary damages would not be an adequate remedy and Wana shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Notices
We may give notice to you by means of a general notice on the Services, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to we@wanafam.ly. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
Miscellaneous
These Terms may not be modified except by a writing executed by the duly-authorized representatives of Wana or pursuant to Changes to the Terms of Use section hereof. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Wana but may not be assigned by you without the prior express written consent of Wana. Any attempt by you to assign these Terms without the written consent of Wana shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. No waiver by Wana of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wana to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Wana Family Network PBC with respect to the Services and the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services and the Site. Your use of and access to Wana’s pages on social media platforms may also be subject to the respective terms of use and privacy policy of such platforms. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and Wana agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Contact Us
If you have any questions regarding these Terms, the Service please contact us at we@wanafam.ly.
