Android users

Terms of Use / End-User License Agreement ("Agreement")

Date of Last Revision: January 7, 2008

To use the Wertago application ("Application"), you must accept the Terms of Use contained throughout this Agreement by selecting the ACCEPT button at the BOTTOM of the screen.

This is a legally binding agreement between you and the Wertago company ("Company"). You have the duty to read this agreement, and by selecting the ACCEPT button, you acknowledge this duty and you acknowledge your acceptance of the Terms of Use without alteration.

The Company reserves the right to change, modify, add, or delete portions of these Terms of Use at any time, at its sole discretion, and without further notice. Amended Terms of Use will be posted at http://www.wertago.com/Legal/ and will indicate the date the terms were last revised. You agree that it is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes. And you agree that your continued use of the Application after any such changes are made constitutes your acceptance of the new terms. If you do not agree to abide by these or any future Terms of Use, you agree not to continue using or accessing the Application.

Eligibility

This Application is intended for users who are eighteen (18) years of age or older. Any use of the Application by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Application, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of this Agreement. You further represent and warrant that you will not misrepresent your age when using the Application.

Proprietary Rights in Site Content; Limited License

All content available through the Application is the property of the Company, its users, or its licensors. No content may be used in any way, for any purpose, without the Company's prior written permission or the permission of the owner of the content’s copyright. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

User Conduct

You agree to use the Application for personal, non-commercial purposes only. You agree not to use the Application to send unsolicited advertising, marketing communications, promotional materials, invitations to commercial websites, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

You agree not to use the Application in any unlawful manner; not to post or transmit content that would constitute, encourage, or enable a criminal offense; not to post or transmit content that violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; and not to post or transmit content that may expose the Company or its users to any harm or liability of any type.
You agree to treat others with respect and decorum--you agree not to post or transmit content that is libelous, slanderous, defamatory, offensive, harmful, threatening, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or unlawful; not to post or transmit content that is offensive, overly forward, pornographic, or otherwise inappropriate, as determined exclusively by the Company.

You agree to provide accurate information about yourself; not to falsely state or otherwise misrepresent yourself; not to impersonate any person or entity; not to use or attempt to use another user's account or to create a false identity; and not to set up an account or profile on behalf of another individual or entity unless you are authorized to do so.

You agree not to post or transmit any private information of any third party.

You agree not to solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes.

You agree to maintain the security of your password and identification.

You agree not to use the Application to scrape data of any kind; you agree not to use automated scripts to collect information from or otherwise interact with the Application or the servers with which it communicates.

You agree not to attempt to extract or reverse engineer or otherwise obtain the source code or executable or other files or logic relating to the Application; not to attempt to break, hack, or compromise the security mechanisms used by the Application and the servers with which it communicates; not to attempt to damage, disable, overburden, or impair the Application or the servers with which it communicates; not to post or transmit any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

User Accounts & User Content

You understand and agree that the Company may terminate or suspend your user account at any time, for any reason or no reason; that the Company has no obligation to terminate other users’ accounts; that the Company may, but is not obligated to, review and/or delete content, for any reason or no reason. You agree to be solely responsible, at your own cost and expense, for creating backup copies of any content you post or transmit.

You agree not to attempt to re-access the Application or to harass the Company in the event your account is suspended or terminated; not to misrepresent the Application or the Company or the reasons for which your account was suspended.
By posting content, you understand that you retain full ownership (if applicable) of such content, and you agree to grant the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use and distribute, without limitation and in all possible meanings of the terms, any such content in connection with the Application and related products and services.

By creating a user account, you consent to receive communications from Wertago regarding your user account, the Application, new offerings, and other subject matter. You understand that you must provide a valid email account upon registration and that your email account must be kept up-to-date to enable such communications. Registered email accounts may be changed by contacting the Company directly.

Waiver and Limitation of Liability

You agree to assume any and all risks of using the Application, and to be solely responsible for your use of the Application and any harm that may result.

To the greatest extent consistent with applicable law, you waive all claims against the Company and/or its directors, members, partners, employees, and agents that may arise out of your use of the Application. You agree that under no circumstances will you hold the Company liable or responsible for any loss, damage, personal injury, or death resulting from or relating to the use of the Application.

You understand and agree that the Company is not responsible and shall not be liable for content posted or transmitted by others, does not pre-screen or approve content posted by others, and makes no representations of any kind about the content posted by others.

You agree not to use the Application if you are easily offended or if you find nightlife activities objectionable or distasteful in any way; to discontinue use of the Application immediately if you encounter content that is objectionable or offensive in any way; to alert the Company of objectionable or offensive contact immediately; and to hold the Company harmless for any content you find objectionable or offensive or violative of your rights in any way, irrespective of the Company's actions with respect to such content.

You understand and agree that the Company shall not be held liable for any communication errors, service interruptions, data omission or errors, device failure, or network failures or congestion; that the Application is provided as-is, with no representations or warranties, express or implied, of any kind whatsoever.

You agree that in no event will the Company, its directors, members, partners, employees, agents, or affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, punitive, or other damages arising from your use of the Application.

You agree that the total liability of the Company, its directors, members, partners, employees, and agents shall at all times be limited to the amount paid by you for the Application. You acknowledge that if no fees were paid for the Application, then no money damages will be available, and you agree that you shall be limited to injunctive relief only, regardless of the cause of action.

You agree that the Company may terminate your account and delete your profile and any content or information that you have transmitted, and may prohibit you from using the Application for any reason or no reason, at any time, in its sole discretion, with or without notice.

Indemnity

You agree to indemnify the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, for any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any user content posted by you.

Governing Law; Venue and Jurisdiction

By using the Application, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of its affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California or Virginia, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California and Virginia.

Arbitration

You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use and/or your use of the Application shall be final and binding arbitration. The sole exception is for violations of patent, copyright, trademark or trade secret rights by either party and/or violations of the Terms of Use, where money damages are insufficient and injunctive relief is sought.

You agree that, to the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, and no class arbitration shall be permitted; and in no event shall any claim, action, or proceeding by you related in any way to the Application be instituted more than three (3) years after the cause of action arose.

Construction

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

You agree that these Terms of Use constitute the entire agreement between you and the Company regarding the use of the Application, superseding any prior agreements regarding the same. You agree that the failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver or estoppel of such right or provision in that or any other instance. You agree that if any provision of this Agreement is held invalid, unlawful, void, or for any reason unenforceable, then that provision shall be interpreted, if possible, so as to retain its meaning while being construed consistently with applicable law; or if not possible, then the provision shall be severable from these Terms of Use, shall not affect the validity and enforceability of any remaining provisions, and the remainder of this Agreement shall continue in full force and effect.