Terms & Conditions
Last Update: Jul 2023
In this Agreement, “Walky” and “we” or “Company” mean the company, Walky, LLC, that is providing the Services to you, and with whom you are entering into this Agreement. The terms “User” and “you” mean any user of the Services. By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. Walky may update or revise this Agreement and policies from time to time. You agree that you will review this Agreement and those policies periodically.
Authorized Use of Website and App: Our Website (www.Walky.app) and App (mobile smart phone application) are provided only for your personal and non-commercial use and for informational purposes only. Any other use of the Services requires the prior written consent of Walky. The Services are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Walky expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Walky reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services.
Rules of Conduct for Using the Services:
- You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Content, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy below); (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, references illegal activity, false advertising, health code violations, or is otherwise inappropriate as determined by us in our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information; (vi) impersonates any person or entity, including any of our employees or representatives; or (vii) includes anyone’s identification documents or sensitive financial or personal
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
- You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
Proprietary Rights/Intellectual Property: Company is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, patents, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Services belong to third parties who have authorized the Company to display the materials, such as certain third party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under this Agreement are reserved by the Company.
Termination: Walky may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Walky may suspend your access to the Services if we believe you to be in violation of any part of this Agreement. You agree that Walky shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Walky will have no liability whatsoever.
Third Parties: Please note that Walky does not provide, endorse, or guarantee any third-party product, service or information. Walky is not affiliated with the vendors featured on the Website and the App and is not responsible for their products and services. The Website or App may contain links to other websites not maintained by us. Other websites, stores, and apps may also reference or link to our Services. We encourage you to be aware when you leave our Website or App and to read the terms and conditions and privacy statements of each and every website and apps that you visit. We are not responsible for the practices or the content of such other websites and apps.
No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE APP OR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE APP AND/OR WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND APP, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THEM, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR APP. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
No Liability: IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED ($100) UNITED STATES DOLLARS.
- User Content and Posts:By submitting or posting User Content to the App, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium. Once you submit or post User Content to the App, the Company does not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. Company owns all rights, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating User Content posted to the App. You are solely responsible for anything you may post on the App and the consequences of posting anything on the App.
- Comments or Materials Posted by Others. Under no circumstances will Company be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its agents will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website or App. Without limiting the foregoing, Company and its designees will have the right to remove any content, including without limitation User Content, that violates these Terms or Use and Conditions or is deemed by Company, in its sole discretion, to be otherwise objectionable.
- No Endorsement.We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on the App or endorse any opinions expressed therein. You understand that by using the App, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the App or broadcast elsewhere.
Digital Millennium Copyright Act (“DMCA”) Notice: Materials may be made available via the Services by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website or App for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website or App. If you believe any materials on the Website or App infringe a copyright, you should provide us with written notice (DMCA Notice) that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) 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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
All DMCA notices should be sent by email with the subject heading “Walky DMCA NOTICE” as follows:
Intellectual Property Rights: The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Walky Content”) are provided to User by Walky or its partners or licensors solely to support User’s permitted use of the Services. The Walky Content may be modified from time to time by Walky in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Walky Content by User shall constitute a material breach of this Agreement. Walky and its partners or licensors retain all rights in the Services and Walky Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, title, and/or interest in any trademarks, patents, copyrights, and/or other intellectual property of Walky or any third party is granted under this Agreement.
Application License: Subject to the terms and conditions of this Agreement, Walky grants User a non-exclusive, non-transferable, revocable license to use the Walky mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
Changes: All information posted on the Website or App is subject to change without notice. In addition, this Agreement may be changed at any time without prior notice. We will make such changes by posting them on the Website or App. You should check the Website or App for such changes frequently. Your continued access of the Website or App after such changes conclusively demonstrates your acceptance of those changes.
Assignment: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by the Company.
Choice of Law; Location and Arbitration: The laws of the State of Florida shall govern this Agreement. While the Company will make reasonable efforts to resolve any disagreements you may have, if these efforts fail you agree that all claims, disputes or controversies against the Company arising out of this Agreement, or the purchase of any products or services (“Claims”), are all hereby subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. The party filing an arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures. The arbitration must be filed within the confines of Palm Beach County, Florida, United States. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting AAA (www.adr.org) at 1-800-778-7879. A single, neutral arbitrator will resolve any/all Claims subject to the Expedited Commercial Rules and Procedures of the AAA. Any Claim you have must be commenced within one (1) year after the date the Claim arises.
Class Action/Jury Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Questions: Should you have any questions regarding these Terms and Conditions, you may contact us at help@Walkyapp.com.