Terms Of Use

Updated June 13, 2009

Welcome to Wamboo. By joining, you become an important part of a fun social utility that enables you to share kindness with individuals or families in need.

General

The Wamboo service (known here as, "Wamboo", 'the Site' or "the Service") are operated by Wamboo, LLC. (the 'Company'). By accessing or using our web site at www.Wamboo.com or any mobile version of the site or by posting a 'Wambutton' (a link to on your site), you (the "User") signify that you have read, understand and agree to be bound by this Terms of Use or Agreement, whether or not you are a registered member of Wamboo. Wamboo, LLC reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date of the latest revision. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these Terms of Use, or any future revisions, do not use or access the Service. It is the User's responsibility to regularly check the Site to determine and review any changes to these Terms of Use. Please read these Terms of Use carefully. They contain important information about your rights, remedies, obligations, limitations, exclusions and dispute resolution guidelines.

Eligibility

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Certain Rallies may involve children under age 13 and are only done so with the explicit permission of the parent or guardian. Any registration, use of, or access to the Site by anyone under 13, is unauthorized and in violation of these Terms of Use. By using the Service, you warrant that you are 13 or older.

Registration Data

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you that may be asked to be shared with the Site by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Member Conduct

User understands that with the exception of any future advertising programs offered by The Company on the Site (i.e. WAMBOOST or WAMBOONATOR), the Service is available for and limited to the User's personal, non-commercial use only. As a Member, you represent, warrant and agree that no materials or information submitted by you through posting, uploading or otherwise transmitted or shared by you on or through the Service will violate or infringe upon the rights of any third party whatsoever. These protected rights include: copyright, trademark, privacy, publicity and/or any personal or proprietary rights. Further, these materials and/or information may not contain libelous, defamatory, vulgar, inappropriate or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:

  • collect email addresses, names and/or any other contact information of: members, Teams, Rallies, and/or Champions or other users by electronic or other means for the purposes of sending unsolicited communications of any kind;
  • conduct or allow any action that could damage, disable, overwhelm or otherwise impair the Site;
  • use any methods to collect information from, breach the security of, or otherwise interact with the Site or Service;
  • post, transmit, share, or otherwise make available any content that Wamboo, LLC. deems harmful, threatening, unlawful, infringing, inflammatory, harassing, hateful, vulgar, obscene, fraudulent, invasive of privacy or publicity rights or otherwise objectionable;
  • post, transmit, share, or otherwise make available any images or videos other than those of a personal nature that you possess rights to publish and: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • register for a User account on behalf of anyone other than yourself or create a false identity.
  • register for a User account, Team account and/or Champion account on behalf of any group or entity without explicit permission of that group or entity;
  • misrepresent yourself, your age or your affiliation with any person or entity;
  • post, transmit, share or otherwise make available any advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
  • post, transmit, share or otherwise make publicly available on the Site the private information of any third party, including but not limited to: addresses, phone numbers, email addresses, passwords, Social Security numbers, credit card numbers or other personally identifiable information;
  • solicit personal information from anyone under 18
  • post, transmit, share or otherwise make available any material that contains viruses or other computer code, any material designed to interrupt, destroy or limit the functionality of the Site or any software, hardware or telecommunications equipment;
  • use the site to intimidate or harass another;
  • post, transmit, share or otherwise make available content that would constitute, encourage or enable a criminal offense, violate any local, state, federal or international law or violate the rights of any person;
  • use or attempt to use another member's account without authorization from Wamboo, LLC.;
  • post, transmit, share or otherwise make available content that, in the sole judgment of Wamboo, LLC., is objectionable, restricts any person from using or enjoying the Site, or which, in any way, may invite harm or liability of any type.

User Content

Wamboo, LLC. does not assert any ownership over User Content except as subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

  • you are solely responsible for any content whatsoever that you post, publish or display on the Site or through the Service including but not limited to: name, image, likeness, photos, messages, text, music, video, advertisements, and/or any other content;
  • you may not post, transmit, or share any content on the Site or with the Site that you do not possess the explicit right to publish;
  • you understand and agree that the Company is not obligated to, but may at any time or for any reason, review the Site and may delete, modify or remove without notice any content it deems, for any reason or no reason, violates this Agreement or any other company policies;
  • you are individually and solely responsible at your sole cost for creating any backup copies, modifying or replacing any User Content you post or share on the Site or provide to the Company.
  • by posting Content to the Site, you authorize Wamboo, LLC. to make any copies thereof we deem necessary to facilitate functionality of the Site and storage of User Content;
  • by posting User Content to any part of the Site, you automatically grant and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, global license (with the right to sublicense) to use, copy, perform and/or display publicly, modify, reformat, translate, excerpt in whole or in part, incorporate into other works and distribute such Content for any purpose, commercial or otherwise, on or in connection with the Site or the promotion thereof;
  • you may remove or modify User Content from the Site at any time. If you choose to remove your User Content in full or in part, the license granted above will expire;
  • should you remove or modify User Content from the Site, you acknowledge that the Company may retain archived copies of your User Content.

User Interaction

Wamboo Users are solely responsible for all interactions with each other. Champion Members (501(c)(3) entity in good standing) are responsible for accurate completion and timely delivery of legally notarized Wamboo Rally Affidavit. Use of the Wamboo site is free and donation payments do not go through Wamboo in any manner. Paypal is utilized for that purpose. Members, Teams and/or Champions making donations as well as Champions accepting donations in support of a rally are responsible for setting up and maintaining their own Paypal account and for arranging for payment of donations as applicable, as well as for the results of any transaction entered into through Wamboo. You acknowledge that Wamboo is not responsible or liable in any way, for any action or inaction of any party to a transaction whether failure to perform, to pay amounts due, to deliver any merchandise, product or service, or for any other aspect of the transaction. Wamboo is not affiliated with PayPal in any way and makes no representations regarding its products or services but rather utilizes it as a payment option as a matter of convenience only. Any fees collected by PayPal as well as that third party site's policies regarding transactions, security, privacy and all terms and conditions applicable are set forth on their website as PayPal policies. ALL INTERACTIONS AND TRANSACTIONS ARE PERFORMED AT YOUR OWN RISK. Should disputes between Members arise, the Company reserves the right but has no obligation to monitor such disputes as well as the terms of any resolutions to them.

Wamboo Pages

Use of the Wamboo site is free and financial support of Rallies is not required for membership. You may not set up a Wamboo page of any kind (Rally, Champion, Team or Member) on behalf of another individual or entity unless you are explicitly authorized to do so. Champion Members are either a 501(c)(3) entity in good standing, police department or fire department and have submitted a complete Wamboo Champion Affidavit and related required documentation. Rally Pages are special profiles used solely for the charitable support of individuals or families with a specific need and not for general fundraising purposes. They are created by Champion Members (a 501(c)(3) entity in good standing, police or fire department) through the completion of the Profile Setup procedure including accurate completion and delivery of a legally notarized Wamboo Rally Affidavit. Team Pages may be created by any Member and is typically for members with common interests, affiliations, family groups, geographic location, etc.

Although Wamboo requires a notarized application process for Rally pages, the Company cannot guarantee that any Wamboo page was actually created and is being operated by the individual or entity represented by the page. As such, Wamboo, LLC is not responsible for the content of any page, transactions entered into, information shared or gathered by users as well as their use of that data, actions taken on the Site or in connection with the Site. Please be cautious when sharing personal information or other data you wish to remain private. However, any individual or entity obtaining a page through false or fraudulent information will be reported to law enforcement.

Wamboo Mobile Services

If accessing The Service via your mobile phone or other mobile device or should you request, via My Wamboo or any other method, to receive messages from the Service via e-mail or other messaging means ('Mobile Services'):

  • there is no cost from Wamboo, LLC., however, your carrier's normal rates and fees for messaging and internet access will apply. Check with your carrier to find out plan availability, cost and any other restrictions that they may have that may govern or otherwise impact your mobile experience;
  • messaging, internet access, downloading, installing, or using certain other mobile services may be prohibited or restricted by your carrier and/or by device limitations;
  • by using Mobile Services, you understand and agree that the Site and/or the Company may communicate with you regarding Wamboo and other entities by SMS, MMS, text message or other electronic means to your mobile device;
  • you further understand and agree that certain information about your usage of the Mobile Services may be communicated to us and will be stored and protected in keeping with the Wamboo Privacy Policy;
  • in the event you change or deactivate your mobile telephone number, you agree to promptly update your Wamboo account information to ensure that your messages are not misdirected to any individual or entity that acquires your old number.

Use of Wambutton

A third party site that posts a Wambutton (a button or text link appearing on a third party site that enables a user of that third party site to view a Wamboo Member, Team, Rally or Champion page) shall abide by and be subject to any and all applicable sections of these Terms of Use. No User or third party site provider should display a link to a Member, Team, Rally or Champion page without the permission of that person or entity.

The Wambutton is the preferred icon for the link that shall appear on any third party site. In the event the link is a button that contains any icons, images, trademarks or other proprietary materials of Wamboo, LLC, third party site provider is granted permission to use such materials solely for the purpose of placing a link from the third party site to a Member, Team, Rally, Champion page or the main Wamboo landing page. In the event that the Wambutton cannot be utilized and a test link is used instead, it must include the word "Wamboo" as part of the link. The rights granted in this paragraph are to be deemed limited and temporary and, as such, may be revoked by the Company at its sole discretion at any time, with or without cause. Upon such termination, third party site provider agrees to immediately remove all links sharing Wamboo content from its site.

In order for a third party site to include a link sharing any Wamboo content on its pages, the third party site must not contain any content that if shared or posted by a User would cause a violation of the Terms of Use, other company policy or expose users or the Company to any harm or liability of any type. Any third party site provider that includes a link to Wamboo content, agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney's fees, arising out of or in connection with any such links, breach, content, other items and/or materials which may be shared or posted in violation of the foregoing policies and terms.

Privacy

Member privacy is important to us. Click here to view Wamboo's Privacy Policy. Using the Site or the Service, conveys your consent to have your necessary personal data transferred to, processed and stored by Wamboo, LLC.

Proprietary Rights and Limited License

All content on the Site made available through the Service as well as their arrangement ('Site Content'), including all designs, text, pictures, video, graphics, information, software and applications, music, sound and all other files, are the proprietary property of Wamboo, LLC, with all rights reserved. No Site Content may be copied, republished, distributed, framed, reproduced, downloaded, modified, displayed, posted, transmitted, shared or sold in any form by any means, in whole or in part, without the Company's prior written permission. The only exception to the foregoing is as it applies to a member's own User Content (defined as any material whatsoever that you post, publish or display on the Site or through the Service including but not limited to: name, image, likeness, photos, messages, text, music, video, advertisements, and/or any other content) that the member has legally posted on the Site. For those Users who are eligible for use of the Site, Wamboo, LLC grants those users a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which those users have properly gained access exclusively for the user's personal, non-commercial use, provided that all copyright and other proprietary notices remain intact. Except for a member's own User Content, no other Site Content may be uploaded or republished on any Internet, Intranet or Extranet site. Nor may Site Content be incorporated in any other database or compilation. Further, any other use of the Site Content is strictly prohibited including use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized in these Terms of Use, without the prior written permission of Wamboo, LLC, is strictly prohibited and will terminate any license granted through membership. Such unauthorized use may also violate laws such as copyright and trademark laws as well as applicable communications regulations and other statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license whatsoever to intellectual property rights, whether by estoppel, implication or other means. This license is revocable at any time without notice and/or without cause.

Trademark Protection

WAMBOO, THE WAMBOO LOGO, THE W LOGO, WAMBUTTON, WAMBOONATOR, WAMBOOST, TROPHY CASE, PEP TALK, KINDNESS DELIVERED and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks or trade dress of Wamboo, LLC. Such protections apply in the United States and/or other countries. Wamboo, LLC trademarks and trade dress may not be used in any manner or by any method including as part of trademarks, as part of domain names, in connection with any product or service likely to cause confusion, may not be reproduced, imitated, or used in any manner, in whole or in part, without the prior written permission of the Company.

Copyright Infringement

  • we respect intellectual property rights and it is against the Terms of Use for users to post, upload or share in any way on the Wamboo website or service any material or content that violates another party's intellectual property rights;
  • when we receive proper Notification of Alleged Copyright Infringement as described in our Wamboo Contact Policy, we will promptly remove or disable access to the described allegedly infringing material and terminate the accounts of users who repeatedly infringe on the rights of others as described herein;
  • should any material on the Site infringe upon any copyright which you own or control, you may send notification of such infringement to our Designated Agent per the Wamboo Contact Policy;
  • in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Wamboo, LLC has instituted a policy of terminating the membership, when it deems appropriate, of members who are determined, at the company's sole discretion, to be repeat infringers;
  • Company may also limit or terminate Site access to Users who infringe on any intellectual property rights of others, regardless of the existence of repeat infringement.

Third Party Site Content

The Site contains, or you may be sent, links to third party sites as well as articles, text, images, graphics, music, sound, video, information, applications, and/or other content belonging to or originating from third parties. Such third party sites including their content, applications, software, security, privacy practices or policies are not investigated or monitored in any way or for any reason by Wamboo and we are not responsible for, endorse or approve of any third party sites or information accessed through the Site including links to those sites. Should you leave the Site through a link on the site or other means, you do so at your own risk and should be aware that our terms and policies no longer govern or protect you. You should review any applicable terms, policies and security data of any third party site to which you navigate or relating to any applications you use or install from the site.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided to the Company by you (whether as a current User or a former User) are non-confidential and shall become the sole property of the Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Termination

The Company may terminate your membership or delete your profile, content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site or any portion thereof at any time, at its sole discretion and for any reason or no reason, with or without notice, including if it believes that you do not meet eligible membership requirements. When we receive proper notification that a user has died, we may, but are not obligated to, keep the user's account in an special active memorial status to permit other users to post and view comments for a period of time to be determined by the Company.

Disclaimers

Wamboo, LLC provides rules for user conduct, postings and other user content, however, we in no way control and are not responsible for what users post, transmit or share on the Site regardless of those rules. The Company is not responsible for the online or offline conduct of any Site or Service User. No guarantees of results are made by the Company.

Periodically, the Site and/or Service may be temporarily unavailable for maintenance or other reasons. Wamboo, LLC assumes no responsibility for any errors, defects, omissions, deletions, interruptions, delays in operation or transmission, technical malfunction, problems caused by User connectivity equipment or services, communication failures, theft, damage, destruction, unauthorized access to or alteration of content, or failure of User to access the Site including injury or damage to User's or other person's computer, mobile phone or other hardware or software. Under no circumstances will the Company be responsible for any loss or damage, personal injury or death, resulting from use of the Site or the Service or any content thereon, or any online or offline interactions between Users.

The Company reserves the right to change any and all content, software and other items used in conjunction with or contained in the Site and any services offered through the Site at any time without notice or cause. Wamboo content or other reference to any products, services, organizations or processes by trade name, trademark, company name or otherwise does not constitute or imply endorsement, recommendation, support thereof, or affiliation therewith, by Wamboo, LLC. In no event will the Company, its directors, officers, employees or agents be liable to any person or entity for any consequential, incidental, indirect, special or punitive damages for any lost revenue or data resulting from any User's use of the Site, Service or any content thereon or accessed through the Site even in the event Wamboo is aware or has been notified of the potential of such damages. You acknowledge that no fees are paid to Wamboo for use of the Site, and as such, the Company's liability to you for any cause or form of action whatsoever shall be limited to the amount paid, if any, by you to the Company for the Service during the term of membership. Be aware of all laws in your state that may govern your membership and rights to remedy.

Governing Law and Jurisdictional Venue

By visiting or using the Site and/or the Service, you agree that the laws of the State of Ohio, in every circumstance, will govern these Terms of Use and any dispute of any kind that may arise between you and the Company.

You and the Company agree that binding arbitration shall be the sole and exclusive forum and remedy for any disputes or claims that arise relating to these Terms of Use, the Site or Service and your use thereof with the exception of: (1.) should either party, in any manner, infringe upon, violate or threaten to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights; and (2.) you have, in any manner, violated any of the user conduct rules set forth in the Terms of Use above or in the Privacy Policy; (3.) should any party fraudulently represent an individual or entity or otherwise purport to raise money for any purpose (in full or in part) other than what is explicitly conveyed on their Wamboo page and the parties then acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought; and (4.) no disputes or claims relating to any transactions you enter into with a third party through the Wamboo Site may be arbitrated with the Company as they are in no way a party to the transaction.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. In the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules") shall prevail. The location of the arbitration as well as the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (as they relate to consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent allowed by law, no arbitration or claim that may arise from these Terms of Use shall be joined to any other claim or arbitration, including any claim or arbitration involving any current or former member or User of the Service and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by a current or former member or User of the Service be instituted more than two (2) years after the cause of action arose.

Indemnity

You agree to indemnify and hold harmless the Company, any subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, from and against any online or offline loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Site, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Terms of Use, any other Company policy or of any law or the rights of any third party.

Agreement

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service and supersede any prior agreements (construed or otherwise) between you and the Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid for any reason, then the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

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