WHAPPZ TERMS OF USE

THESE TERMS OF USE (“TERMS”) REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE (AS DEFINED BELOW), AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 13 TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF YOUR ACCESS TO OR USE OF THE SERVICE

NEW WAVELENGTH LLC DOES NOT PERFORM AGE VERIFICATION, CRIMINAL, BACKGROUND, OR SEX OFFENDER CHECKS ON ANY USERS. NEW WAVELENGTH LLC IS NOT RESPONSIBLE FOR ANY ACTIVITIES, CLAIMS, OR LOSSES THAT RESULT FROM MEETING INDIVIDUALS IDENTIFIED THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING THE AGE OF ANYONE YOU INTERACT WITH THROUGH OUR SERVICE.

SOME COUNTIES, STATES, AND REGIONS HAVE RECENTLY PASSED LAWS THAT CRIMINALIZE THE UNSOLICITED TRANSMISSION OF “SEXUALLY EXPLICIT VISUAL MATERIAL” INCLUDING “OBSCENE, PROFANE, INDECENT, VULGAR, SUGGESTIVE, OR IMMORAL” CONTENT WITHOUT “EXPRESS CONSENT” OF THE RECIPIENT. TO ENSURE THAT OUR MEMBERS (AS DEFINED BELOW) ARE ABLE TO FREELY SHARE THEIR OWN PERSONAL CONTENT WITH EACH OTHER WITHOUT FEAR OF REPRISAL, PLEASE BE ADVISED THAT USE OF THE SERVICE CONSTITUTES “EXPRESS CONSENT” AS DEFINED BY APPLICABLE LAW.

THE WHAPPZ SERVICE
1. Whappz is a social media network wholly owned and operated by New Wavelength LLC, a California limited liability company (“Company”, “we”, “our”, “us”). Company provides specialized social networking software to find and chat with others by transmitting private messages and publishing text, photographs, and video (“Whappz Content" or "Content”) over the Internet to certain computers, phones, and other devices (“Whappz Ready Device(s)").
2. By accessing, browsing, and/or using our website (the “Site”); downloading, installing and/or using our mobile device software application (the “App”), or accessing, browsing and/or using any other mobile or web services owned, controlled, or offered by New Wavelength LLC (the Site, the App, and any other such services (collectively, the “Service”), you acknowledge that (a) you have read and understand these Terms and that you agree to be bound by these Terms as may be amended from time to time; (b) you shall comply with all applicable laws and regulations; and (c) you acknowledge that the disclaimer, limitation of liability, and indemnification provisions set forth in these Terms are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use the Service, without which agreement New Wavelength LLC would not enter into this Agreement or permit you to use the Service. If you do not agree to these Terms, then you must cease using the Service immediately and uninstall the App from any device owned or controlled by you.
3. You acknowledge that it is your responsibility to review the “Last Updated” date to determine if any changes have been made since your last review of the Terms. By accessing and continuing to use the Service after any change to the Terms of Use, you thereby manifest your agreement to any changes hereto. If you do not agree with such changes, you must notify us by deleting your account, exiting the Site immediately, and uninstalling the App from any device owned or controlled by you.
4. You are encouraged to use common sense when interacting with any individual found or contacted by using the Service. New Wavelength LLC is not responsible for activities, claims, or losses that result from meeting individuals identified through the Site.
RIGHTS GRANTED FOR USE OF THE SERVICE
1. New Wavelength LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Content from the Service for your personal, noncommercial use only.
2. Your access to and use of the Service must comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Site or communicated through the App.
3. Subject to your compliance with these Terms, New Wavelength LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App, in machine executable object code form only, on a single compatible personal mobile device that you own and control, solely for personal, non-commercial purposes. Company may make the App available for download through the iTunes App Store at https://itunes.apple.com, the Google Play Store at https://play.google.com/store/apps, or other third party app stores (each, an “App Store”). Your license to any App is also governed by the applicable terms of service, polices, and procedures of the App Store through which you download the App (the “App Store Terms”). These Terms amend and supplement the applicable App Store Terms and to the extent that these Terms contradict or are inconsistent with the applicable App Store Terms, these Terms control and prevail.
4. You are authorized to download the App solely via the App Stores, if any, through which we make them available for download. You acknowledge that by downloading an App via an App Store, you are subject to the applicable App Store Terms.
5. NEW WAVELENGTH LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR LICENSE TO USE ALL OR ANY PORTION OF THE SERVICE AND YOUR OTHER RIGHTS UNDER THESE TERMS AT ANY TIME FOR ANY REASON. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination.
6. Upon termination, you must delete any associated account(s), remove, and destroy all copies of the App from your Whappz Ready Device, and cease all use of the Service. Company may bar access to the Service and your account(s) and delete any Whappz Content associated with your account(s).
WHAPPZ MEMBERS AND CONTENT
1. You must be at least 18 years of age to access the Site. If you are not 18 years of Age, cease using the Service immediately and uninstall the App from any device owned or controlled by You. Any user determined to be under 18 years of age will be removed from the service and banned.
2. By accessing or using the Service and/or creating an account, you hereby affirm and warrant that you are 18 years of age and can lawfully comply with these Terms.
3. If any applicable laws and regulations prohibit your use or intended use of the Service, you are prohibited from using the Service.
4. Any user who accesses the Service to create or publish an account is a member (“Member”).
5. Each Member is solely responsible for the Whappz Content it publishes to the Service. Company may review, remove, or refuse to display any Whappz Content in its sole and absolute discretion.
6. COMPANY DOES NOT REVIEW ALL WHAPPZ CONTENT. If you have concerns about content on our Service or believe any Whappz Content to be in violation of the Community Guidelines, please use the flag tool to report.
7. The Service, including Whappz Content, is regularly updated. Company tests various aspects of our service, including but not limited to our website, user interfaces, promotional features, and availability of Whappz content.
WHAPPZ PREMIUM MEMBERSHIP
1. Enhanced features of the Service are offered on a premium basis (“Premium Membership”). Premium Membership is billed in advance and will continue and automatically renew until terminated. To use a Premium Membership, you must have Internet access, a Whappz Ready Device, and provide one or more Payment Methods. “Payment Method(s)" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership at least 24 hours before it renews to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
2. Company may offer several membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Whappz membership in the “Settings” section of the mobile application or by visiting our website and clicking on the "Account" link available at https://whappz.com
PROMOTIONAL OFFERS. Company may from time to time offer special promotional offers, plans, or memberships (“Offer(s)”). Offer eligibility is determined by Company in its sole and absolute discretion and Company reserves the right to revoke an Offer and put your account on hold if Company determines you are not eligible. Members of households with an existing or recent Whappz membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Member to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
BILLING AND CANCELLATION
1. Billing Cycle. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" link available at https://whappz.com/upgrade. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in each month. Visit our website and click on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for the Service using your account with a third party as a Payment Method, you can find the billing information about your Whappz membership by visiting your account with the applicable third party.
2. Payment Methods. To use the Service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Company may suspend your access to the Service until Company has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. Company may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize Company to continue to charge the applicable Payment Method(s).
4. Cancellation. You can cancel your Whappz membership at any time, and you will continue to have access to the Premium Membership benefits through the end of your billing period. To cancel, go to the "Account" page on our website, click on the “Billing” link, and follow the instructions for cancellation. If you cancel your membership, your benefits will expire at the end of your current billing period. To see when your membership will expire, click "Billing” in the "Account" page. If you signed up for the Service using your account with a third party as a Payment Method and wish to cancel your Whappz membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew or unsubscribing from the Service through that third party.
5. Changes to the Price and Subscription Plans. Company reserves the right to change its subscription plans or adjust pricing for the Service or any components thereof in any manner and at any time as Company may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, Company may provide a refund, discount, or other consideration to some or all our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at Company’s sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate Company to provide Credits in the future, under any circumstance.
PASSWORDS AND ACCOUNT ACCESS. The Member who created the Whappz account and, if applicable, whose Payment Method is charged (the "Account Owner"). is responsible for any activity that occurs through the Whappz account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Whappz Ready Device that is used to access the Service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to Company relating to your account. Company can terminate your account or place your account on hold to protect you, New Wavelength LLC, or our partners from identity theft or other fraudulent activity. New Wavelength LLC is not obligated to credit or discount a membership for holds placed on the account by either a representative of New Wavelength LLC or by the automated processes of the Service. If your Whappz Ready Device is sold, lost, or stolen, please deactivate the Whappz Ready Device. If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain aspects of your account information. To deactivate a device, users must perform a password reset by clicking the Password Reset link available at https://whappz.com/users/password/new.
PROHIBITED USES
1. You may not impersonate someone, and you can't create an account for someone else unless you have their express permission. You must provide us with accurate and up to date information (including registration information), which may include providing personal data
2. You can't do anything unlawful, misleading, fraudulent, or for an illegal or unauthorized purpose.
3. You can't violate (or help or encourage others to violate) these Terms, our Community Guidelines, or other instructions or policies.
4. You can't do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals. You can request to appeal a prohibited use action from the Service by sending an email to [email protected]
5. You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
6. You can’t sell, license, or purchase any account or data obtained from us or the Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Member usernames, Member passwords, or misappropriate access tokens.
7. You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share.
8. You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
9. You can’t upload inappropriate content and doing so will result in removal of such content and can result in removal of access. Inappropriate content includes but is not limited to harassment; content promoting violence; grotesque content; racially insensitive content; impersonation of another user; spam; advertising; disruptive content; content in violation of the Community Guidelines, or any other content that Company determines, in its sole and absolute discretion, to be inappropriate.
10. You can’t advertise or solicit commercial services of any kind without written permission from Company.
11. You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized in these Terms, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Service.
12. You agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper, or other automated means to access the Service; decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering, or extraction method.
13. You agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files, or programs.
14. Company may immediately terminate or restrict your use of the Service with no notice if you violate these Terms, our Community Guidelines, or are engaged in illegal or fraudulent use of the Service as Company deems in its sole and absolute discretion.
PERMISSIONS GRANTED
1. Company does not claim ownership of your content, but you grant Company a license to use it. Nothing is changing about your rights in your Whappz Content. Company does not claim ownership of the Whappz Content that you post on or through the Service and you are free to share your Whappz Content with anyone else, wherever you want. However, Company needs certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with the Service, you hereby grant to Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Whappz Content in connection with your use of the Service, for any purpose permitted under our Privacy Policy, and as necessary for posting, displaying, distributing, and storing your Whappz content on the Service.
2. You also grant the users of the Service the right to access your Whappz Content in connection with their use of the Service. You understand that the technical processing and transmission of data associated with your Whappz Content may involve transmissions over various networks and changes to conform and adapt to technical requirements of servers, connecting networks, or devices.
3. You give Company permission to show your username, profile picture, and information to other users on the Service without any compensation to you.
4. If you select a username or similar identifier for your account, Company may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
5. If you use content covered by intellectual property rights that Company has and makes available in the Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SERVICE AND ALL WHAPPZ CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE.

NEW WAVELENGTH LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WHAPPZ SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF ANY VIRUSES OR OTHER HAMFUL COMPONENTS. NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF APPLICATIONS, WHAPPZ READY DEVICES, AND WHAPPZ SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE).

NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS, CURRENCY, OR NON-INFRINGEMENT OF THE SERVICE OR OF THE INFORMATION OR OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO THE USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE SERVICE AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HAVE BEEN ADVISED OF SUCH POSSIBILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SERVICE SHALL BE TO TERMINATE YOUR USE OF THE SERVICE. IN NO EVENT SHALL NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OF YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEW WAVELENGTH LLC FOR USE OF THE SERVICE DURING ANY ONE MONTH.

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN INJURY OR ILLNESS, INCLUDING BUT NOT LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OR INTENTIONS OF OTHER USERS OR OTHER THIRD PARTIES, (INCLUDING WITHOUT LIMITATION, REGARDING ANY CONTENT (FOR EXAMPLE, INAPPROPRIATE OR EXPLICIT CONTENT) THAT YOU, ANOTHER USER, OR A THIRD PARTY POSTS, STORES, SHARES, SENDS, TRANSMITS, DISSEMINATES, OR RECEIVES THROUGH THE SERVICE), OR OCCURRENCES BEYOND THE CONTROL OF NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.

BY USING THE SERVICE, YOU ASSUME ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICE, OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE SERVICE.

THE SERVICE IS INTENDED ONLY AS A PERSONAL, GEOGRAPHIC LOCATION-BASED SERVICE FOR INDIVIDUAL USE. YOU ACKNOWLEDGE THAT NEW WAVELENGTH LLC HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THESE FOREGOING WARRANTIES. DISCLAIMERS, AND LIMITATIONS ON LIABILITY.

COMPANY DOES NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF WHAPPZ READY DEVICES, INCLUDING THE CONTINUED COMPATIBILITY WITH THE SERVICE. BY USING THE SERVICE, YOU AGREE TO LOOK SOLELY TO THE ENTITY THAT MANUFACTURED AND/OR SOLD YOU THE WHAPPZ READY DEVICE FOR ANY ISSUES RELATED TO THE DEVICE AND ITS COMPATIBILITY WIH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATION ON LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NEW WAVELENGTH LLC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, AND THAT THE WARRANTY AND DISCLAIMERS AND THE LIMITATION ON LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NEW WAVELENGTH LLC.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

INDEMNIFICATION. You agree to indemnify, defend, and hold New Wavelength LLC and each of its officers, directors, employees, agents, partners, and licensors harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to your use of the Service and/or your interactions with other users of the Service, including but not limited to (i) your use or misuse or any geographic location information or the Service generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of these Terms or any law, regulation, or guidance; (iv) you access to and use of the Service, including without limitation, to communicate with or meet another user in-person, or to locate and attend any offline place or event or to post, store, share, send, transmit, or disseminate any content; or (v) negligent acts, omissions, or willful misconduct by you. New Wavelength LLC and each of its officers, directors, employees, agents, partners, and licensors reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
CONTENT REMOVAL AND DISABLING OF YOUR ACCOUNT
1. Company can remove any Whappz Content or information and refuse to provide or stop providing all of part of the Service if Company believes that you violated these Terms, violated our policies (including our Community Guidelines), or if Company is permitted or required to do so by law. Company can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the Service) immediately to protect our community or services if you create risk or legal exposure for Company, or repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. Company can also terminate or change the Service, remove, or block content or information shared on the Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal, reputational, or regulatory impacts on Company.
2. If your account is terminated by Company, Company will notify you at your registered email address.
3. If you believe your account has been terminated in error, you must contact [email protected] within 15 days of the notice of termination to request an appeal. If you do not contact within 15 days your account will be scheduled for deletion. Company will review account termination appeals within 10 days and notify you of a decision at your registered email address. If Company does not grant your appeal your account will be scheduled for deletion.
4. If you want to disable or permanently delete your account, contact [email protected] When you request to delete Whappz Content or your account, the deletion process will automatically begin no more than 30 days after your request. Conversations you had with other Members, including ingoing and outgoing messages, will be deleted. It may take up to 90 days to fully delete Whappz Content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms. After the Whappz Content is deleted, it may take up to another 90 days to remove it from backups and disaster recovery systems. Your Member profile name will be unavailable for new signups for 6 months after account deletion.
5. Whappz Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations: where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or, where deletion would restrict our ability to (i) investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems); (ii)protect the safety and security of our products, systems, and users; (iii) comply with a legal obligation, such as the preservation of evidence; or, (iv) comply with a request of a judicial or administrative authority, law enforcement, or a government agency; in which case, the Whappz Content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
ARBITRATION AGREEMENT
1. You and New Wavelength LLC agree that any dispute, claim, or controversy arising out of or relating in any way to the Service, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and New Wavelength LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Whappz membership.
2. If you elect to seek arbitration or file a small claim court action, you must first send to New Wavelength LLC, a written Notice of your claim ("Notice"). The Notice to New Wavelength LLC must be sent to [email protected] ("Notice Address"). If New Wavelength LLC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by New Wavelength LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If New Wavelength LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or New Wavelength LLC may commence an arbitration proceeding or file a claim in small claims court.
3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless New Wavelength LLC and you agree otherwise, any arbitration hearings will take place in San Diego, CA. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
5. If your claim is for US $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
6. YOU AND NEW WAVELENGTH LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and New Wavelength LLC agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
MISCELLANEOUS
1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of law provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
2. Unsolicited Materials. New Wavelength LLC does not accept unsolicited materials or ideas for Whappz Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against New Wavelength LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially like the material or idea you sent. New Wavelength LLC is under no obligation to keep unsolicited materials confidential.
3. Feedback. New Wavelength LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit Customer Support https://www.whappz.com/tickets on our website. In the event of any conflict between these Terms and information provided by Customer Support or other portions of our website, these Terms will control. Customer Support will be provided through the Customer Support Portal and via email with a general response time of two business days for registered members and seven business days for all other users.
5. Survival. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6. Changes to Terms of Use and Assignment. New Wavelength LLC may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. Company may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all our business or assets related to the Service.
7. Communication Preferences. Company will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last Updated: August 25, 2022

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