Last Updated: June 10, 2015.
By downloading, accessing or using the mobile applications, websites or other products or services of WiMMapp and our subsidiaries, you agree to be bound by these Terms.
WiMMapp is intended for use by people who are 13 years of age or older, but if you have less than 13 we recommended to ask parents orientation.
We recommend that you do not use WiMMapp to recorder any password.
By using the WiMMapp application you agree to let WiMMapp collect information about your usage of the application, including interactions. For example, when you recorder a picture or send a video, we attempt to detect those interactions and your location, but we can’t access it.
You also agree to let WiMMapp collect certain types of information from and about you and your device.
The Services consist of interactive features and areas that allow users to send geo location messages (collectively, “user content”).
You agree that you are solely responsible for your User Content and that WiMMapp is not responsible or liable for any user content.
While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete user content at any time and for any reason. Note that is forbidden to share photos, videos or others who violate the law of your country, and in general content like pedophilia, terrorism, suicide, words or discriminatory acts and racism. That content, if identified, will be reported to legal authorities and later deleted.
You retain all ownership rights in your user content, to summarize, your content is yours!
Except as expressly provided in these Terms, WiMMapp does not grant any express or implied rights to use WiMMapp. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part WiMMapp Content, the services or any related software, except as expressly stated in these terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these terms;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Compromise the security of the services;
- Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with user content or the services without our prior written consent; and
- Use the services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these terms.
You further agree to abide by any third-party terms that apply when posting reviews of WiMMapp, including the iTunes App Store Terms of Service and/or the Android Market Terms of service. Posting WiMMapp usernames in app store reviews is strictly prohibited and may result in the deletion of your account.
After opening a WiMMapp account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
When you first create a WiMMapp account, we ask for your informations, and our intention is to keep your account safe.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
WiMMapp respects the intellectual property rights of others. If you believe that anything on the services infringes any copyright that you own or control, you may file a notice of such infringement, and send to: WiMMapp Conteúdo & Mídia de Internet Ltda. Att: Ouvidoria Cassiano Ricardo Avenue, 601 – Suite 45 Sao Jose dos Campos, SP - Brazil, 12246-870 firstname.lastname@example.org
The services and the WiMMapp content are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, while WiMMapp attempts to provide a good user experience, we cannot and do not represent or warrant that the services will always be secure or error-free or that the services will always function without delays, disruptions or imperfections.
Note to International Users
The Services are hosted in the USA. If you are a user accessing the services from another place or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from USA laws, please be advised that through your continued use of the Services, which are governed by US law, you are transferring your personal information to the USA and you consent to that transfer.
By agreeing to these terms you agree to indemnify, defend and hold harmless WiMMapp, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “WiMMapp or WiMMapp Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
Except where prohibited by law, in no event will WiMMapp or the WiMMapp Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the services; (b) the provision of the services or any materials available therein; or (c) the conduct of other users of the services, even if WiMMapp has been advised of the possibility of such damages. You assume total responsibility for your use of the services. Your only remedy against WiMMapp for dissatisfaction with the services or any content is to stop using the services. If, notwithstanding these Terms, WiMMapp is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the services or any content WiMMapp liability shall in no event exceed $1.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH WIMMAPP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM USA OR BRAZIL.
You and WiMMapp agree to arbitrate any dispute arising from these Terms or your use of the services, except that you and WiMMapp are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration prevents you from suing in court or from having a jury trial.
You and WiMMapp agree (a) that any arbitration will occur in Sao Jose dos Campos - SP, Brazil; (b) that arbitration will be conducted confidentially by a single arbitrator; and (c) that the state or federal courts of Sao Jose dos Campos - SP, Brazil, have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and WiMMapp will not commence against the other a class action, class arbitration or representative action or proceeding.
A lawsuit, if any, by you or WiMMapp against the other will occur in state or federal court in Sao Jose dos Campos - SP, Brazil. You and WiMMapp agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and WiMMapp will be governed by these terms and the laws of the Brazil, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These terms supersede all prior understandings regarding the same and represent the complete agreement between you and WiMMapp.