Effective Date: February 1, 2016
Welcome to WeDo, and thank you for using our website, mobile application, and other products and services (collectively, “Services”). Our mission is to provide a collaboration hub for event planning. We fulfill this mission by connecting event planners and their teams with local service providers to find, organize and execute ideas. The collaboration and planning occurs as you post, share, and discuss photos, comments, links and other materials (anything you post, share, or otherwise submit to or through our Services, collectively, “User Content”). Our Services are owned and operated by WeDo, Inc., a Delaware corporation.
These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing or using our Services, you enter into a legally binding contract with us.These Terms contain an arbitration clause, limit your right to seek relief in court, and other important information about your rights and obligations. If you do not agree to these Terms, do not access or use our Services.
WeDo may revise and update these Terms at any time and without notice to you. Please review these Terms periodically.
- Minimum Age. WeDo is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating WeDo User accounts.
- Commercial Use. If you want to use our Services for commercial purposes, you must create a Business Account or be designated as a representative on an existing Business Account. If you create or manage a Business Account, you:
- Represent and warrant that you have the authority to bind to these Terms the company or other legal entity to which that Business Account applies, and
- Give us permission to make reasonable inquiries to validate your identity and authority.
- Users Outside the United States. If you are located outside the United States, you consent to having data about you transferred to and processed in the United States, Canada, or both locations.
- Usernames and Passwords. You must create a username and password to access and use many of our Services. You are responsible for actions that occur through use of your username. You are responsible for safeguarding your password, and you must not disclose it to anyone else. We encourage you to use a strong password, meaning one that is long and contains upper and lower case letters, numbers, and symbols. If you suspect or are aware of any unauthorized use of your username, you must notify us immediately.
- WeDo Rewards. We anticipate adding a rewards program in the future. If and when we do, any rewards or points you receive will be subject to disclaimers visible on or through our Services as well as to the terms imposed by any business through which you might attempt to redeem a reward. We make no guarantee that third-parties will redeem any of your rewards or points.
- User “DOs” and “DON’Ts”. You have various obligations throughout these Terms. You must also follow the “DOs” and “DON’Ts” below.
- Comply with these Terms.
- Comply with all laws that apply to you and your activities.
- Respect the rights of other people and businesses.
- Provide accurate and truthful information to us about you and update it as necessary.
- Use a strong password and safeguard it.
- Post any User Content that:
Solicit, collect, or use the login credentials of other WeDo users.
Interfere with or disrupt the functioning of our Services.
Upload a malicious or unknown file to or through our Services.
Send or post links to external websites that are unknown to you or may be malicious.
Impersonate, falsely state, or otherwise misrepresent your identity, including your affiliation with any business.
Send or post “spam”, including unwanted email, posts, comments, or other forms of harassing communications.
Reverse engineer, decompile, or otherwise attempt to derive the source code we use to provide the Services.
Use or copy any part of our Services to provide a service that is competitive to WeDo.
Collect or use any information, including information that personally identifies users, except as permitted in these Terms or as the owner of such information permits.
Share information of non-users without their permission.
Use or transfer any User Content, other than your User Content, except as permitted in these Terms or as authorized by us in writing.
Sell access to our Services or to any User Content without our written permission.
Business Account “DOs” and “DON’Ts”. If you operate or use a Business Account, you must comply with the “DOs” and “DON’Ts” in Section 6 above. You must also comply with the following additional “DOs” and “DON’Ts”:
- may create a risk to the health or safety of you, another person, or any animal
- may create a risk of damage to any property
- may harm or exploit children
- contains information that is hateful, violent, abusive, racially or ethnically offensive, discriminatory, defamatory, harassing, humiliating, threatening, violent, nude, pornographic, or sexually suggestive
- infringes anyone’s intellectual property, including copyrights, trademarks, patents, and trade secrets
- encourages conduct that violates the law
- violates anyone’s privacy rights, publicity rights, or other personal rights
- you do not have a legal right to post
- is fraudulent, false, misleading, or deceptive.
- Treat users who are customers or potential customers with respect.
- Provide honest and accurate information and advertisements about your business.
User Content Rights.You retain all rights you have in your User Content, subject to these Terms. We will use your User Content only if you give us permission or as otherwise allowed by these Terms. In addition, businesses must not use your User Content for marketing, advertising, or other promotional purposes without your permission.You give WeDo a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works from, perform, and distribute any User Content you post on or through our Services. We therefore have many rights with respect to your User Content and may do one or more of the following:
- Contact users unless they have contacted you or you otherwise have their permission.
- Market products or services that are hazardous to health or life.
- Provide users with fraudulent, deceitful, or misleading information or advertisements about your brand or products.
- Interfere with or influence the creation of User Content, or remove existing User Content.
- Use User Content for marketing, advertising or other promotional purposes without the permission of the user or users involved.
- Engage in bashing, trolling, or other deceitful or malicious conduct with respect to other brands or products.
- Change your User Content to send or display it. For example, we may display only part of a post or change the size, resolution, or format of a photo.
- Make your User Content available to people or businesses who partners with WeDo. For example, we may share your User Content so that you may receive rewards/promotional discounts based on your use of our Services.
You represent and warrant that you have the legal right to post your User Content and that your User Content does not infringe or violate any third party’s publicity or privacy rights, copyrights, trademarks, patents, trade secrets, or other intellectual property rights.
Information Security. We follow generally accepted industry standards to protect information you send to and through our Services. Even so, we cannot guarantee the security of any such information, even if it is confidential in nature. You acknowledge that we make no such guarantee and that you use our Services at your own risk. You further acknowledge that, by sending another user information through our Services, that User may inadvertently or intentionally disclose that information to a third party.
Copyright. WeDo respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from our Services. WeDo does not review all of the material posted on or submitted through our Services and has no responsibility for any content that you may find or access when using the Services. If WeDo becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
- Notice.If you are a copyright owner (or an agent of a copyright owner) and believe that any content provided on or through our Services infringes upon your copyrights, you may submit a notification to us by providing our Copyright Agent with all the following information in writing:
Counter-Notice by Accused User. If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent with all of the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work (or a representative list of the works) claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit WeDo to locate the material.
- Information reasonably sufficient to permit WeDo to contact you, such as an address, telephone number, and if available, an electronic mail.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of the User.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the User’s address is outside of the United States, the Federal District Court for the Eastern District of Wisconsin and that the User will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
There are legal consequences for fraudulent and/or bad faith submissions. Be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error before submitting a counter-notice.
Agent for Notices and Counter-Notices. WeDo’s designated Copyright Agent to receive notifications under this section is:
Our License to You. WeDo grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for the purposes described in these Terms. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of our Services in any way for any public or commercial purpose without prior written consent of WeDo or the rights holder. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of our Services unless permitted by law. Our Services may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We and our licensors retain all right, title, and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to our Services.
Limited Nature of the Site. We provide an online communications hub for event planning. WeDo does not endorse, and is not legally responsible for, User Content posted to or through our Services, even if such information or content is confidential, private, inaccurate, unreliable, defamatory, or otherwise legally actionable. We also do not have any obligation to prescreen, monitor, edit, or remove any User Content, except as expressly stated otherwise in our Terms or as legally required. We reserve the right to remove or restrict access to any information or content posted to or made available through the Site.
Term; Termination. These Terms become a legal contract with you when you access or use our Services, and they continue until terminated in accordance with this Section. Either party may terminate these Terms with the other party at any time, with or without cause, effective immediately upon written notice to the other party. We reserve the right to terminate or suspend your account or access to our Services for any reason or for no reason.
Disclaimer. WEDO PROVIDES THIS SITE AND RELATED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL, MONITOR, OR VET CONTENT GENERATED BY USERS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THIS SITE, YOU MAY CLOSE YOUR ACCOUNT AND END YOUR RELATIONSHIP WITH US PER THE “TERM; TERMINATION” SECTION OF THESE TERMS, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE; THUS, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
- By Email: email@example.com
- By Mail:
ATTN: Copyright Agent
6520 N. Cedar Ridge Lane
Glendale, WI 53217
You acknowledge that if you fail to comply with all requirements of this Section 10, your DMCA notice may not be valid.
WE DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. WE ALSO DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WEDO OR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY SERVICE WE PROVIDE RELATED TO THE SITE.NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED ONE HUNDRED U.S. DOLLARS ($100).SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU.
Indemnification. To the fullest extent permitted by law, you shall, during and after the term of these Terms, indemnify, defend, and hold harmless us and our affiliates, parent corporations, subsidiaries, directors, officers, employees, and agents, past or present, against all losses, claims, demands, actions, causes of action, suits, liabilities, damages, expenses, fees and costs (including but not limited to reasonable fees and costs for attorneys, witnesses, professionals, alternative dispute resolution and courts) against third-party claims arising out of or relating to (a) your use of our Services; (b) you supplying financial information to a third party in connection with our Services; (c) third parties not accepting your gift card, rewards and/or points in whole or in part; (d) infringement by you of any third party’s patent, trademark or copyright, or misappropriation by you of any third party’s trade secret; or (e) your obligations to another User. We have the right to choose and employ counsel reasonably acceptable to us and to participate in the defense of any action or legal representation to which this indemnification provision applies. You must not compromise or settle any claim covered by this indemnification provision without our consent. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Arbitration. You and we agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms or to our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available here. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY OR CLAIMS INVOLVING ANOTHER USER’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER WEDO USERS. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. If the prohibition against class actions and other claims brought on behalf of third parties contained in this section is found to be unenforceable, then all of the preceding language in this provision shall be null and void. This arbitration agreement will survive the termination of your relationship with us.
Arbitration Opt-Out. IF YOU ARE A NEW WEDO USER, YOU MAY CHOOSE TO REJECT THE ARBITRATION PROVISION IN SECTION 18 ABOVE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO: WeDo, Inc., 6520 N. Cedar Ridge Lane, Glendale, WI 53217, ATTN: Arbitration Opt-Out. YOUR OPT-OUT NOTICE MUST INCLUDE YOUR NAME, ADDRESS, USERNAME, EMAIL ADDRESS, AND A STATEMENT YOU THAT YOU DESIRE TO OPT-OUT OF THE ARBITRATION PROVISION IN THESE TERMS.
Governing Law. The laws of the State of Wisconsin govern all matters arising out of or relating to these Terms and all transactions it contemplates, including its interpretation, construction, performance, and enforcement.
Forum Selection. Unless you and we agree otherwise, if the Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of it or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Milwaukee County, Wisconsin. You and we agree to submit to the personal jurisdiction of the courts located within Milwaukee County, Wisconsin for the purpose of litigating all such claims or disputes.
Assignment. You may not assign any of your rights or delegate any of your duties under this Terms of Service, except with our prior written consent. WeDo may withhold consent for any reason or for no reason in its sole discretion. We may freely assign or delegate all rights and obligations under these Terms, fully or partially and without notice to you. Any purported assignment of rights in violation of this Section is void.
Entire Agreement. These Terms, together with any other legal notices, agreements, and policies published by WeDo on or through our Services, constitutes the final agreement between the parties and is the complete and final expression of the parties’ intent on the matters in these Terms. All prior and contemporaneous negotiations and agreements between the parties on the matters in this Agreement are merged into and superseded by these Terms. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms.
Severability. If any term, clause or provision of these Terms are determined to be invalid, illegal or unenforceable, the remaining terms, clauses and provisions remain in full force and effect, if the essential terms and conditions of these Terms remain valid, legal and enforceable.
Waiver. WeDo will not be considered to have modified or waived any of our rights or remedies under these Terms unless the modification or waiver is in writing and signed by an authorized representative of us. No failure or delay by us in (a) exercising any right or remedy or (b) requiring the satisfaction of any condition under these Terms, and no course of dealing between the parties, operates as a waiver or estoppel by WeDo of any right, remedy or condition.
Amendments. WeDo reserves the right to modify, supplement, or replace the terms of the Agreement, effective upon posting on or through our Services or notifying you otherwise. If you do not want to agree to changes to these Terms, you may close your account and terminate your relationship with us at any time per the “Term; Termination” section of these Terms. We may change this Agreement at any time by posting a new version on this page or on a successor page. The new version will become effective on the date that it is posted, which will be listed at the top of the page as the new Effective Date.
Notices.WeDo will send you notices under these Terms on or through the Services or by email. You consent to receive notices and other communications from us electronically and agree that such communications satisfy any legal requirement for a writing. You will be considered to have received a notice or other communication when we send it to the email address you have given us, or when we post such notice or other communication on or through our Services. You must keep your email address updated, and you must regularly check our Services for postings.All notices to us intended to have a legal effect concerning these Terms must be in writing and delivered either in person or by means evidenced by a delivery receipt, to the following address:
ATTN: Copyright Agent
6520 N. Cedar Ridge Lane
Glendale, WI 53217
In addition, WeDo accepts service of process at this address. Such notices to us are deemed effective upon receipt. Any notices you provide that do not comply with this Notice section have no legal effect.
Contacting Us. If you have any questions about our Services or wish to report a violation of our Terms or policies, please email us at firstname.lastname@example.org.