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WFC LA Terms of Service
Last Updated: July 15, 2020 Please carefully read these terms and conditions of use (these “Terms of Service”) before using the Site (as defined herein) and the Services (as defined herein). These Terms of Service apply to the website located at www.angelcity.com and the subdomains thereof on which this Terms of Service is posted (the “Site”). These Terms of Service may also apply to any online services and applications provided by WFC LA, Inc. (“WFC LA”, “our”, “us” or “we”) on or through the Site, as well as any mobile/tablet applications that link to or reference these Terms of Service (collectively, the “Services”). Your access to and use of the Site and the Services (whether or not you are a registered member) are subject to these Terms of Service (including the Privacy Policy of the Site (the “Privacy Policy”)) and all applicable laws, rules and regulations. By accessing and using this Site and/or the Services, you signify your assent to these Terms of Service. These Terms of Service (including the Privacy Policy) may be amended or modified in our sole discretion, and we may impose additional terms and conditions applicable to the Site and/or the Services from time to time and at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Site and/or the Services following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service (including the Privacy Policy), do not use the Site and/or the Services.
1. Ownership and Use Restrictions
The Site is owned and operated by WFC LA. WFC LA reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.
The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services, WFC LA and any of its sponsors, licensees and other partners (the “Content”) are either owned by, or licensed to, WFC LA. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may not download, reproduce, republish, prepare derivative works based upon, modify, upload, post, repost, compile, decompile, transmit, reuse, distribute, copy, adapt, reverse engineer, link to, scrape, publicly display, sell in any form or by any means, or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without our express written permission, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owner’s intellectual property and other proprietary rights.
The wordmarks, logos, trade names, packaging and designs of WFC LA, and the Site and the Services are the exclusive property of WFC LA or our affiliates. All other word marks and logos (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner. Any use of the Trademarks displayed on the Site, or in any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, WFC LA. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright, trademark or other intellectual property laws, the laws of privacy and publicity, and communications regulations and statutes.
The Soulcraft typeface licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY 4.0) applies to content created by WFC, LA on all public facing media, whether in print or electronic form.
We provide no representations or warranties with respect to your use of any Content displayed on the Site and/or Services (including any representations and warranties with respect to misappropriation, dilution, infringement or other violation of any rights of third parties). Furthermore, WFC LA reserves the right to revoke your use privileges with respect to any or all of the Site and Services at any time.
2. Access to Site
To access the Site, you must have access to the internet, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and/or minimum technical requirements that are presented when you first access the Site, register or access a specific Service, which minimum technical requirements may change from time to time in WFC LA’s sole discretion. You are solely responsible for determining whether your computer or other device satisfies the minimum technical requirements before you access the Site and/or the Services. Your sole and exclusive remedy in the event WFC LA changes the minimum technical requirements is to terminate your use of the Site and/or the Services.
3. Registration for Certain Features
3.1. Registration; Privacy
In order to access certain features of the Site and/or Services, you may be required to register with WFC LA by providing certain personally identifiable information about yourself, including, but not limited to, your name and email address. If you elect to access these features of the Site and/or Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself and to update such information from time to time (“Registration Information”), as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Site and/or Services, subject to all applicable laws, rules and regulations. If you provide any Registration Information that is untrue, inaccurate, not current or incomplete, or if WFC LA has reasonable grounds to suspect that the Registration Information that you have provided is untrue, inaccurate, not current or incomplete, we have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Site and/or Services. For details concerning how such personally identifiable information is collected, used, disclosed and otherwise managed please read and review our Privacy Policy located at https://angelcity.com/policies/privacy-policy, which is incorporated herein by this reference.
You acknowledge and agree that: (a) WFC LA shall have no liability associated with, resulting from, or arising from your failure to maintain accurate Registration Information, including, but not limited to, your failure to receive critical information about the Site, Services or your account; (b) WFC LA may rely on the Registration Information to send you important information and notices regarding your account and the Site; and (c) WFC LA may from time to time send you newsletters and other promotions, which you may unsubscribe from upon request.
3.2. User Name
In order to use certain functionalities of the Site and/or Services, you may be asked to select a user name (a “User Name”) for identification purposes. You must not use any User Name that violates these Terms of Service or the Code of Conduct (defined below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your User Name and password. You must immediately notify WFC LA of any unauthorized use of your User Name and password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.
You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities arising through the use of your User Name and password. In no event will WFC LA be liable for the unauthorized use or misuse of your User Name and/or password.
3.3. Subscription Services
WFC LA may offer certain services that require payment of a fee in order to use or receive a subscription (“Subscription Services”). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that WFC LA may request from you, including your IP address. The Subscription Services may also require additional technical requirements.
WFC LA may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.
4. Services and Content
The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of WFC LA.
4.1. Messaging a. The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions (each a “Message Feature” and, collectively, the “Message Features”). b. You must use the Message Features in a responsible and respectful manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below or any other applicable policies posted on the Site or made available in connection with the use of any Service. c. We and our third-party providers (the “Vendors”) shall have the absolute right, but not the obligation, to review, edit, block, delay or delete any Message transmitted in any Message Feature or any User Name that: (i) violates any term of these Terms of Service (including, but not limited to the Code of Conduct) or any other applicable policies posted on the Site or made available in connection with the use of any Service; (ii) is otherwise illegal, offensive or inappropriate; and/or (iii) for any other reason, in our sole discretion. Depending on the nature of the violation, we shall have the right, but not the obligation, in our sole discretion, to terminate your access to the Site and/or Services at any time. Please be advised that we and our Vendors will, in accordance with applicable laws, fully cooperate with any and all law enforcement authorities and court orders in any and all jurisdictions requesting or directing us or our Vendors to disclose personal information of anyone who submits a Message or User Name that violates the foregoing terms. d. Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Site and/or Services, neither WFC LA nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message or User Name, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither WFC LA nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services. e. Messages submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and User Names are, and will be treated as, non-confidential and non-proprietary. By submitting a Message or User Name to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein: (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with respect thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in Section 4.2.
4.2. Submissions
By transmitting any Message or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, opinions, plans, product names, technologies, votes or materials, whether solicited or unsolicited, (each, a “Submission” and, collectively, “Submissions”), you are granting us a perpetual, royalty-free, sub-licensable, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display or otherwise exploit such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you to the Site may be used by WFC LA and our affiliates for any purpose, now or in the future, without any payment to, or further authorization by, you. WFC LA and ours affiliates also have the right, but not the obligation, to (i) use your name in connection with the broadcast, print, online or other use or publication of your Submission and/or (ii) use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties, in either case, without seeking or receiving your further consent.
a. Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submissions. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right, title and interest in and to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment. b. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any unsolicited Submissions. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by WFC LA and/or our affiliates might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and any current or future WFC LA products or programs. In the event you do send any unsolicited Submission(s) to WFC LA via the Site, Services, or otherwise, you agree that: (i) your unsolicited Submission(s) are not being made in confidence or trust and that by making such Submission(s) no contractual or fiduciary relationship is created between you and WFC LA; (ii) any such unsolicited Submission(s) and copyright or other intellectual property rights therein become the property of and will be owned exclusively by WFC LA and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or otherwise exploited or may deleted as WFC LA sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submission(s); and (iv) by sending an unsolicited Submission you waive the right to make any claim against WFC LA or our affiliates relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality or infringement, dilution, misappropriation or other violation.
4.3. Ownership and Non-Infringement
By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe, dilute, misappropriate or otherwise violate the rights of any third party or any applicable law.
5. Code of Conduct
5.1. Code of Conduct
You agree not to use the Site and Services, including, but not limited to, transmitting Messages, links or Submissions in any manner that:
i) imposes an unreasonable or disproportionately large burden on the Site’s infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services; ii) is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by WFC LA; iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; iv) plagiarizes, infringes, dilutes, misappropriates or otherwise violates the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner; v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; vi) harms, may harm or attempts to harm minors; vii) contains any information, software or other material of a commercial nature; viii) contains advertising, promotions, spam or commercial solicitations of any kind; ix) constitutes or contains false or misleading indications of origin or statements of fact; or x) contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.
Clauses i) - x) shall collectively be referred to as the “Code of Conduct”.
5.2. General Prohibited Uses
You agree that in connection with your use of the Site and the Services, you will not:
i) harvest or collect email addresses or other contact information of other users by electronic or other means or engage in spidering, screen scraping, database scraping or other similar activity; ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Site or the Services, or for purposes of registering for any promotions offered through the Site or the Services; iii) delete or revise any material or other information of any other user of the Services; iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or one or more of the Services; v) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site; vi) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose; vii) allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials; viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services; ix) access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access; x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Services; xii) forge any TCP/IP packet header or any part of the header information in any email or posting; xiii) “frame” or “mirror” any part of the Site or Services without WFC LA’s prior written authorization; xiv) use the Sites and/or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms of Service; or xv) assist or permit any persons to engage in any of the activities described in clauses (i) through (xiv).
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any WFC LA activity.
WFC LA reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and WFC LA may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. Terms of Sale
All sales on the Site (including, but not limited to sales, from an official WFC LA store (the “Store”), the ticketing feature (“Ticketing”) and sales of Subscription Services) are subject to the following terms and conditions:
Products purchased through the Site are collectively referred to as “Merchandise”.
The Site may provide Ticketing, which allows you to purchase tickets for WFC LA activities or events.
The Store may allow you to order Merchandise and/or other products supplied and managed by an independent third party vendor (“Merchandise Vendor”). By placing an order in the Store, you acknowledge that such Merchandise Vendor is exclusively responsible for the fulfillment and shipment of all Merchandise and/or other products ordered. By purchasing any Merchandise, tickets or Subscription Services through the Site, you acknowledge and agree that your payment card is being charged by the payment processor of a Vendor of the Site. For purposes of these Terms of Service, such payment processor will be considered a Vendor.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY OF OUR VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, TICKETING OR THE SERVICES, OR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE, TICKETS OR SERVICES.
We and our Vendors reserve the right to modify the price of any Merchandise or Subscription Services and substitute any merchandise or services of similar value for any current Merchandise or Subscription Services. In order to purchase Merchandise, tickets or Subscription Services on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, email address, payment card information and shipping address, which shall be collected in accordance with the Site’s Privacy Policy and/or the applicable Merchandise Vendor’s Privacy Policy. Your ability to purchase Merchandise, tickets or Subscription Services is subject to limits established by your payment card issuer. You must notify us immediately of any change in your payment card information, including any change to your home address. We or our Vendors may bill your payment card at the time Subscription Services, Merchandise or tickets are ordered or shipped, and the Vendor or WFC LA, as applicable, may bill your payment card at the time your Merchandise or tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. We may, in our sole discretion, decline service to or terminate any account. WFC LA and our Vendors shall not be responsible for and must not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to WFC LA by sending a request to store@angelcity.com.
With respect to the sale of certain Merchandise to residents of the State of California, to the extent applicable, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise on the Site, to the extent applicable, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
In addition, with respect to the Subscription Services, you agree to pay all subscription fees and other applicable charges in accordance with WFC LA’s or its Vendors’ billing practices in effect at the time such fee or other charge becomes payable (if any). WFC LA or its Vendors may change our or their billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. All payments for Subscription Services are non-refundable.
WFC LA or its Vendors may offer certain Subscription Services for which the subscription automatically renews each year, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner. WFC LA or its Vendors agrees to notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.
Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge (“Trial Subscription”), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Service as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.
7. Linked Services
The Site or Services may contain links to other websites and services (“Linked Services”). The Linked Services may not be under WFC LA’s control and WFC LA is not responsible for the contents or use of the Linked Services.
8. Availability of Services
The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including delays or cancellations, application of restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that WFC LA is not obligated to provide you with any specific Content or access to the Site or the Services under these Terms of Service.
9. Disclaimer of Warranties and Damages; Limitation of Liability
While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws. WFC LA assumes no liability or responsibility for any errors or omissions in the content of the Site and through the Services.
THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE, NOR OUR AFFILIATES, NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY OF THE FOREGOING OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK AND EXPRESSLY ASSUME ALL RISK RELATING THERETO.
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OUR VENDORS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR, OUR AFFILIATES OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we and our affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk and you expressly assume all risk relating thereto.
10. Notices
We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user’s email address if on record, or by written communication sent by first class mail to a user’s address if on record.
You may give notice to us (such notice shall be deemed given when received) by any of the following means:
Electronic mail to hello@wfcla.com Letter delivered by first class postage prepaid mail or courier to WFC LA at the following address:
WFC LA, Inc. 11693 San Vicente Blvd., #201 Los Angeles, California 90049
11. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), WFC LA has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
O’Melveny & Myers LLP 1999 Avenue of the Stars, 8th Floor Los Angeles, CA 90067
To be effective, the notification must be a written communication that includes the following:
(1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) 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 the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as name, address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
We maintain a policy that provides for the termination of use privileges of the Site, in appropriate circumstances, of users who are repeat infringers of intellectual property rights.
12. Indemnification
You hereby agree to indemnify and hold WFC LA, Inc., its operators, affiliates, subsidiaries, vendors, and each of their respective members, managers, directors, owners, officers, employees, partners, governors, representatives, agents, successors and assigns harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Site, including, without limitation, use of any Message Feature, Service, or the Store; and/or (b) any breach or alleged breach of these Terms of Service by you.
13. Access Through Mobile Devices
If you use an application on your mobile device (including but not limited to iPhone, iPad, Android phones and tablets, or Microsoft Windows mobile devices (each a “Mobile Device”) to access or use the Site or Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via mobile devices referred to herein as the “Licensed Application(s)”):
a. You acknowledge that these terms are between you and us only, and not with Apple, Google or Microsoft or any other store/venue, as applicable, where the application is available (“Application Venue”) and that such Application Venue is not responsible for the Licensed Application(s) or the content thereof. b. The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Mobile Device that you own or control and as permitted by the Usage Rules set forth in the Application Venue Terms of Service (as applicable). c. Application Venue, including Apple, Inc., Google or Microsoft, is not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that Application Venue has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product. d. In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Application Venue and Application Venue may refund the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Application Venue will have no other warranty obligation whatsoever with respect to the Licensed Application(s). e. You acknowledge that Application Venue is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. f. You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes, dilutes, misappropriates or otherwise violates that third party’s intellectual property rights, Application Venue is in no way responsible for the investigation, defense, settlement and discharge of any such intellectual property claim. g. Without limiting any other terms of this Terms of Service, you must comply with all applicable Application Venue terms of use when using the Licensed Application(s). h. You acknowledge and agree that Application Venue, and Application Venue’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of such license, Application Venue will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
14. Termination of Service
We may, in our sole discretion, change, suspend or discontinue any aspect of the Site, including the Services (subject to a refund to which you may be entitled), at any time with or without notice and with or without cause, including the availability of any Site or Service feature, database, or content. We may also cancel your registration, password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our, our affiliates or our Vendors respective businesses, to other information providers or other users. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Site and/or Services.
15. Software
The Services, the software and other materials downloaded from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site (including, without limitation any Licensed Application or other Services) may be downloaded or exported (a) into (or to a national or resident of) Cuba, Iran, North Korea, Libya, Sudan, Syria or any other country to which the United States has embargoed goods or has been designated by the United States as a “terrorist supporting” country; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. We do not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
16. Arbitration; Consent to Jurisdiction In California; Attorneys’ Fees; Time Period Limitation for Claims; Waiver of Class and Representative Actions
a. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (including as to the determination of the scope or applicability of this agreement to arbitrate) (“Dispute”) will be determined by arbitration in accordance with the procedures in this paragraph, which will be the sole procedures for the resolution of any Dispute. Any Dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Service (“JAMS”) in Los Angeles, California. The arbitration will be conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, except as may be otherwise stated herein, before a neutral arbitrator appointed according to the Rules. The remedies available to the parties under applicable law remain available to the parties in arbitration. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm the award. The parties to the Dispute shall bear all arbitration costs equally to the extent permitted by applicable law. Except as may be necessary to enter judgment upon the award or to the extent required by applicable law, all claims, defenses and proceedings (including the existence of a Dispute and the fact that there is an arbitration proceeding as well as the hearing itself) will be treated in a confidential manner by the arbitrator and all those involved in the proceeding. Any Dispute relating to the arbitration presented to a court will be filed under seal to the extent permitted by law. An arbitration award rendered pursuant to this paragraph will be final and binding on the parties and may be submitted to a court of competent jurisdiction for entry of a judgment thereon, though the parties must maintain the confidentiality of the arbitration and/or award in connection therewith, including by filing the arbitration award under seal, to the extent permitted by law. Regardless of the foregoing, WFC LA shall always have the right to seek and obtain temporary or preliminary injunctive relief or specific performance in any court of competent jurisdiction. This dispute resolution provision shall survive any expiration or termination of your relationship with WFC LA.b. You and WFC LA waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum. c. Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and WFC LA waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and WFC LA further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of the State of California. Notwithstanding any provision of the JAMS’ rules and procedures, only the federal and state courts, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.d. You agree that WFC LA may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect its rights or property pending the completion of arbitration.e. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within Los Angeles County, California (the “Forum”) and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.f. If either party initiates a proceeding involving any Claim other than (i) an arbitration in accordance with this Section or (ii) a proceeding in small claims court permitted by this Section, other than in the Forum, the other party shall recover all attorneys’ fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.g. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide WFC LA with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.h. You and WFC LA agree that this Section 16 shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.
17. Governing Law
These Terms of Service and any dispute that might arise between you and WFC LA will 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 that would cause the application of the laws of any jurisdiction other than the State of California. This governing law provision shall survive any expiration or termination of your relationship with WFC LA.
18. Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without WFC LA’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. WFC LA may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
19. Miscellaneous These Terms of Service (together with the Privacy Policy any other applicable policies posted on the Site or made available in connection with the use of any Service) constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter hereof between you and us. As noted above, we in our sole discretion may amend these Terms of Service, and your use of the Site or Services after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any term or provision of these Terms of Service shall be held to be invalid by any court or arbitrator of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. Additionally, WFC LA’s failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive WFC LA’s right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches. This “Miscellaneous” section shall survive any expiration or termination of your relationship with WFC LA.