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Wendi Terms of Use

Effective Date: April 23, 2019

These Terms of Use (“Terms”) govern your use of the Wendi website and any other website or online service that Wendi, Inc. (“Wendi”, “we” or “us”) operates and that links to these Terms (collectively, the “Services”).

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

I.     The Services

Thank you for using our Services! We provide a weekly e-mail newsletter that alerts you to upcoming events in your area – from movie and television premiers to sporting events, music festivals, art exhibitions, food festivals, and a whole range of other cultural events.

Please note that we are constantly improving our Services to give you a better experience. As a result, we cannot guarantee that there will be no errors in the Services. Please let us know of any issues, and we will do our best to address your concerns.

II.   Privacy

Your use of the Services means that you understand that we will have access to any data that may be derived from your use of the Services, including any information that you voluntarily provide to us. By using the Services, you consent to our processing your information consistent with our Privacy Policy.

III. Feedback

You are encouraged to notify us of any problems you may have with the Services and ideas for enhancements that come to your attention (“Feedback”). You agree that Wendi has the right to use such Feedback without any compensation to you, and you hereby assign Wendi all rights, title, and interest in and to such Feedback, including without limitation all intellectual property and other proprietary rights. Your submission of Feedback is governed by our Privacy Policy. Without limiting the generality of the foregoing, we are free to use any Feedback for any purpose whatsoever including developing, manufacturing and marketing our products and services.

IV. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could (i) harm us or any other third-party, (ii) interfere with the operation of the Services, or (iii) violate any laws. For example, and without limitation, you may not:

  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; or
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, or any of our users, affiliates, or any other third-party to any liability, damages, or detriment of any type.

Violations of system or network security, and applicable laws, may result in civil or criminal liability. We may suspend or terminate your access to the Services for any or no reason at any time without notice. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms or applicable laws.

V.   Proprietary rights

The Services are protected under intellectual property and other proprietary rights laws of the United States and other countries. All intellectual property and other proprietary rights in the Services are owned by us or our third-party licensors to the full extent permitted under any applicable law. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

Our trade names, trademarks and service marks include Wendi, and any associated logos. All trade names, trademarks, service marks and logos within the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained within the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

We hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to use the Services, including any material, products, programs or services included therein (collectively, the “Content”), solely for your own non-commercial use for as long as we permit you to use the Services, and provided that you comply with these Terms and do not remove any copyright or other proprietary rights notices applicable to any Content that you download, display, print or otherwise use. With the exception of the foregoing limited authorization, no license to or right in any Content is granted or conferred to you.

In order to use some parts of the Services, you may need to create an account. You hereby agree to provide complete and accurate information when you create an account with us, and you are solely responsible for keeping your account password secure. You agree to notify us promptly if you become aware of any unauthorized use of your account. You agree to accept all communications from Wendi regarding use of the Services at the email address(es) you provide to us.

VI. Third-Party Content

The Services may contain links to third-party content, including websites that offer products and services. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk, and may be subject to separate terms and conditions.

VII.  Disclaimer

Your PARTICIPATION IN/ATTENDANCE AT ANY EVENTS, AND YOUR use of the Services, is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. Wendi does not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for Your PARTICIPATION IN/ATTENDANCE AT ANY EVENTS, AND any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Our Services are CONTINUALLY being tested and evaluated, and may contain certain bugs, defects, and other errors. We may make changes to the SERVICE, AND FUTURE versionS of the Services may not work in the same way as the CURRENT Version.

VIII.  Limitation of Liability

In no event will we or any of our subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with YOUR PARTICIPATION IN/ATTENDANCE AT ANY EVENTS OR the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. Any claim arising out of or connected with the Services will be limited to the greater of one hundred dollars ($100) or the amount that you paid to access the Services.

IX. Indemnification

You agree to indemnify, defend and hold us and each of our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

X.   Choice of Law and Forum

The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the law of the State of New York without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a state or federal district court located in the city and state of New York, unless agreed upon by all parties.

XI. TERMINATION

We may terminate or suspend your use of the Services at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete your user name, password and account, and all associated information and materials, without any obligation to provide any further access to such information or materials.

XII. Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

If you have a question or concern regarding the Services, you may contact us at hello@wendi.co