Terms of Service
Below are the Wakelet® Terms of Service ("Terms"), which is a contract between you and Wakelet when you use the Wakelet site, services, and products.
If you have any questions or suggestions or concerns, feel free to email us email@example.com.
The website under wakelet.com and the Wakelet application and the Services and Content on these platforms (together, “Wakelet”) are being offered to you by:
Wakelet Limited ("we" or "us") a limited company incorporated under the laws of England and Wales with company number 07483296 and with its registered office and main trading address at Wakelet, Bright Building, Manchester Science Park, Pencroft Way, Manchester M15 6GZ, United Kingdom. Our VAT number is: 180436123.
These Terms are a Binding Agreement between You and Us
By accessing and using Wakelet, you agree to all the Terms, whether you are a "Registered User"(meaning that you have registered and created an account with Wakelet) or you are a "User"(meaning you are simply browsing Wakelet or viewing Content).
If you do not agree to these Terms, you should not use Wakelet.
We may, from time to time, issue supplemental terms relating to the use of and access to specific parts of Wakelet. We will let you know if any additional terms apply when you first access the relevant part of Wakelet.
Here are some definitions of capitalized words we use in these Terms. There are also other definitions set out throughout the Terms:
"Content" means any information, text, graphics, photographs, images, illustrations, logos, tools, written posts, executable files, scripts, software, interactive features, creative expression, data or other information materials generated, provided, uploaded, downloaded, appearing or otherwise accessible on or through Wakelet.
"Data Protection Legislation": up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter:
a. unless and until the General Data Protection Regulation ((EU) 2016/679) (GDPR) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and then
b. any successor legislation to the GDPR or the Data Protection Act 2018.
"Interactive Services" means message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features available on, through or in connection with Wakelet.
"Services" means Wakelet.com and all other domains, products, applications, services and Content provided by us.
"Terms" means these terms of agreement between us and you.
"You" means you, whether you are a person or someone acting on behalf of an entity you are authorized to represent, and whether you are a Registered User or not.
"User Comments" means any comments, recommends, feedback, likes, or other Content posted by Users or Registered Users that is not included in the body of a Wakelet post.
"User Content" means all Content posted or otherwise provided or transferred to Wakelet by or on behalf of a user, including you.
Certain Terms may not apply to You
Certain provisions in these Terms may not apply to you, depending on the reason why you are using Wakelet. We will set out clearly where this is the case.
If you are a school, educational institution or club or similar entity who is accessing Wakelet as a Registered User on behalf of multiple potential users (whether adults or children), you will be referred to in these Terms as a “Registered Group User” or collectively “Registered Group Users”. All other Registered Users will be referred to in these Terms as “Registered Individual Users” and each a “Registered Individual User”.
Where a terms applies equally to Registered Group Users and Registered Individual Users, there will be no differentiation and “you” shall apply to both categories of Registered Users (and, where the context permits, Users).
Changes to the Terms
Wakelet reserves the right to revise and update these Terms from time to time. All changes are effective immediately when we post them and apply to all access to and use of Wakelet thereafter. If you are a Registered User, we will usually notify you of any changes via email and/or by asking you to review the changes to these Terms the next time you login to Wakelet. Your continued use of Wakelet after the time the changes are communicated will indicate your acceptance of those revised changes, so please check the Terms periodically for updates.
Changes to Service
We have the right to withdraw or revise Wakelet, and any service or material we provide on Wakelet, in our sole discretion and without notice, this will usually be to reflect our Registered Users' and Users' needs, our business priorities and developments of Wakelet.
We will not be liable if for any reason all or any part of Wakelet is unavailable at any time or for any period. At any time we may restrict access to some parts of the site, or the entire site, to Users and Registered Users.
Accessing Wakelet And Account Security
You are responsible for:
Making all arrangements necessary for you to have access to Wakelet.
Ensuring that all persons who access Wakelet through your Internet connection are aware of these Terms and comply with them.
By using Wakelet, whether as a Registered User or as a User, you represent and warrant that: (a) all required registration information you submit as part of the Wakelet registration process is truthful and accurate; (b) you will maintain the accuracy of this information; (c) unless you are part of a Sponsored Group, you are thirteen (13) years of age or older if a User or Registered Individual and you are eighteen (18) years of age or older if you are a Group Registered user; and (d) your use of Wakelet does not violate any applicable law or regulation. Your Wakelet account may be deleted without notification if we have reason to believe that you do not meet these eligibility requirements.
You are entirely responsible for maintaining the confidentiality of your password, you must treat such information as confidential, and you should not disclose it to any other person or entity.
Unless you are a Group Registered User and have agreed to and comply with these Terms in full, you also acknowledge that your account is personal to you and agree not to provide any other person with access to Wakelet or portions of it using your user name, password or other security information. For the avoidance of doubt, where you are a Group Registered User you should not share your username or password with any other person but we may permit you to allow other individuals access to Wakelet using your account, strictly in accordance with these Terms. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Wakelet cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Subject to the foregoing, you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If we do disable your account, you shall not create another account without our permission.
Can children use Wakelet?
Of course, but Wakelet is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. It is best practice for children to access Wakelet via the Classrooms feature, which ensures that their accounts remain in a private 'Classroom', monitored by their teachers.
Wakelet Ownership and Licensing of Intellectual Property
All right, title, and interest in and to Wakelet (excluding User Content) and in the Content we publish on it and the design, selection and arrangement thereof are and will remain the exclusive property of Wakelet and its licensors. Those works are protected by international copyright, trademark, patent, trade secret and other intellectual property rights laws and treaties around the world. All such rights are reserved.
Nothing in the Terms gives you a right to use the Wakelet name or any of the Wakelet trademarks, logos, domain names, and other distinctive brand features. You must not use any part of the Content on Wakelet for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of Wakelet in breach of these terms, your right to use Wakelet will cease immediately and you must, at our option, return or destroy any copies of the Content (or any of it) you have made.
Wakelet does grant you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, preform, redistribute, and create derivative works of Content solely in connection with your use of Wakelet, and in accordance with, these Terms.
Any feedback, comments, or suggestions you may provide regarding Wakelet, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without compensation and without any obligation to you.
Your Content and Rights to Use Content
Other than the licence set out in this section, we do not claim any intellectual property rights in your User Content but we do claim the rights to deal with your User Content so as to preserve and maximise the functionality of Wakelet. We acknowledge any intellectual property rights you may have in any User Content uploaded to Wakelet.
By submitting, posting or displaying User Content on or through Wakelet (or as a Group Registered User, assisting, allowing or otherwise facilitating others to do the same), you agree that such Content shall be considered non-confidential and non-proprietary and grant us (or shall procure the grant to us) (and other Users and Registered Users) a worldwide, non-exclusive license without payment of any fee or royalty and with the right to grant sub-licences to use, copy, reproduce, modify, enhance, process, adapt, modify, publish, transmit, display, sublicense, make derivative works and distribute such User Content (and all intellectual property rights therein) in any and all media or distribution methods (now known or later developed) and for any purpose whatsoever.
You also agree that this license includes the right for Wakelet to provide, promote, and improve Wakelet and to make User Content submitted to or through Wakelet available to other companies, organizations or individuals who partner with Wakelet for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to such terms and conditions as Wakelet may impose from time to time in respect of such.
You may delete your own User Content, except for User Comments, and we will take reasonable steps to remove such User Content from Wakelet. The licence granted to us in respect of such User Content shall cease at such time as deletion takes place (subject to copies being held by third parties who have not deleted the Content). You understand and agree that, subject to applicable laws (including the Data Protection Legislation), there could be operational delays in doing this.
We have the right to remove any material or posting you make on Wakelet if, in our opinion, such material does not comply with the Content Standards set out in our Rules. We are not responsible for User Content and the information, materials and content available on Wakelet have not been verified or approved by us. The views expressed by Registered Users and/or Users do not represent our views or values.
Collaboration, Postings and Your Content Rights
As explained above, if you contribute User Content to Wakelet then you consent to that User Content being publicly shared, reused, linked to or embedded on other sites as well as being subject to rating and comment. If you are a Group Registered User, you shall procure that those individuals which you facilitate, enable or otherwise assist in accessing Wakelet (whether by your Registered User account or otherwise) (“End Users”) consent to the same.
Wakelet may contain Interactive Services that allow Registered Users to post, submit, publish, display or transmit to other Users/Registered Users or other persons (hereinafter, "post") Content or materials that are considered User Comments on or through Wakelet.
You represent and warrant that:
You own or control all rights in and to your User Content, or otherwise have the right to submit your User Content without violating any other party's intellectual property rights, and have the right to grant the license granted above to all Users and Registered Users.
All of your (or your End Users') User Content do and will comply with these Terms and the Rules.
You understand and acknowledge that you are responsible for any User Content you (or your End Users) submit or contribute, and you, not Wakelet, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you (or your End Users) or any other User or Registered User of Wakelet.
Access by Group Registered Users
The provisions of this section shall apply to Group Registered Users only.
Any provisions in these Terms containing restrictions or obligations in respect of access to or use of Wakelet by Registered Users or Users shall apply to your End Users and Group Registered Users shall be responsible for ensuring that such End Users comply with these Terms as if they were a party to them.
The Group Registered User shall, on our request, provide evidence of:
The consent provided by the End User (or their parent or legal guardian, as appropriate) to the User Content created by them or on their behalf being publicly shared, reused, linked to or embedded on other sites as well as being subject to rating and comment.
Rules about linking to Wakelet
You may link to Wakelet's homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link to Wakelet in any way as to suggest any form of association, approval or endorsement on our part where none exists.
Wakelet provides a facility which enables Registered Users to establish a frame on your website. You shall comply with any directions provided by us in connection with such frame. Where such a frame is established, you hereby warrant that the website to which you are creating a frame:
is owned by you.
complies with the Rules.
You further warrant that you have provided the necessary information to users of your website in accordance with the provisions of the Data Protection Legislation to ensure that they are aware of and informed about our use of their IP address for the purpose of being able to establish a frame on your website.
We reserve the right to, in our discretion and as we think fit, remove any frames or other links from any third party website without notice.
Monitoring and Enforcement; Termination
We do not moderate Wakelet. However, we take the violation of these Terms very seriously (this includes discrimination on individuals based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or disease). In order to support this policy, we allow you to flag Content that you may deem to be inappropriate or in violation of our Terms. Reporting Content or a User or Registered User violation does not guarantee that the Content or the User/Registered User will be removed. The Wakelet users are very varied and everyone is different, what may be acceptable to one person may be unacceptable to another. We encourage discussions, ideas and freedom of speech. It is possible that something could be displeasing or troubling to you but does not meet the criteria for removal. However, any Content that violates the Wakelet Terms may be removed from Wakelet and, where appropriate, be subject to legal or other action. In any case, the person reported is not notified of the identity of the person who made the report.
You must not establish a link to Wakelet in any way as to suggest any form of association, approval or endorsement on our part where none exists.
If you are concerned about any Content on Wakelet then please notify us at firstname.lastname@example.org. We are under no obligation to oversee, monitor or moderate any Interactive Service we may provide on Wakelet, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User or Registered User in contravention of our Rules, whether the Interactive Service is moderated or not.
We have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, including the Rules, infringes any intellectual property rights, privacy rights or other rights of any person or entity, threatens the personal safety of users of Wakelet or the public or could create liability for us.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Terminate or suspend your access to all or part of Wakelet for any reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting Content on or through Wakelet. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all Content before it is posted on Wakelet, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User, Registered User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
We have rules on what is and is not appropriate Content, and you agree not to post User Comments or submit User Content, or otherwise use your account in violation of the Wakelet Content Rules. You also agree that, if you are in a country subject to an economic embargo by the United Kingdom or are otherwise a designated individual with whom the United Kingdom prohibits dealing with, you will not engage in commercial activity on or though the use of Wakelet.
Reliance On Information Posted
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, User Comments or communications posted via Wakelet or endorse any opinions expressed via Wakelet. You understand that by using Wakelet, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User or Registered User or any other user of Wakelet, or by anyone who may be informed of any of its Contents.
Warranties and Limitation of Liability
Your access to and use of Wakelet or any Content is at your own risk.
Certain provisions in this section of the Terms may not apply to you, depending on whether you access Wakelet as a business user or consumer user (you will be a “business user” where you are accessing Wakelet in the course of your business/trade/profession and a “consumer user” where you are accessing Wakelet for any other purposes (in each case, whether you are a User or Registered User)).
Regardless of whether you are accessing Wakelet as a business user or consumer user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
WHERE YOU ARE USING OR ACCESSING WAKELET AS A BUSINESS USER YOU UNDERSTAND AND AGREE THAT WAKELET IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WAKELET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Where you are using or accessing Wakelet as a business user, we make no representations or warranties of any kind with respect to Wakelet. Wakelet also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the User or Registered User providing that Content.
WHERE YOU ARE USING OR ACCESSING WAKELET AS A BUSINESS USER, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, WAKELET, ANY WEBSITES LINKED TO WAKELET, ANY CONTENT ON WAKELET OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH WAKELET OR SUCH OTHER WEBSITES. “DAMAGES” INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, (SUBJECT TO THE ABOVE) PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WHERE YOU ARE USING OR ACCESSING WAKELET AS A BUSINESS USER, YOU AGREE THAT, SUBJECT TO THE ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WAKELET AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, OR FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
WHERE YOU ARE USING OR ACCESSING WAKELET AS A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE WAKELET FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.
Jurisdiction And Applicable Law
If you are a consumer, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to Wakelet, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the Courts of England and Wales shall have exclusive jurisdiction over any claim arising from, or related to, Wakelet and these Terms.
FERPA and California AB 1584
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Wakelet will abide to the following:
Student records obtained by Wakelet from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Wakelet.
Wakelet users may retain possession and control of their own generated content by choosing whether a collection is public, private or unlisted. You can also manage your content when logged into your account, or request that we do so for you. If you delete your User Content from Wakelet or request we do so, please note that User Content might have been copied or stored by other users, should the content have been made public or shared with others in the past.
Parents, legal guardians, or eligible students may review personally identifiable information in the student's records and correct erroneous information by contacting their educational institution. Additionally, Wakelet users may access, correct, update, or delete personal information in their profile by signing into their Wakelet account, and making the appropriate changes.
Wakelet is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
In the event of an unauthorized disclosure of a student's records, Wakelet will (1) promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what Wakelet has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action Wakelet has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at Wakelet the User can contact. Wakelet will keep the User fully informed until the incident is resolved.
Wakelet will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
Wakelet agrees to work with educational institutions to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above.
Wakelet prohibits using personally identifiable information in student records to engage in targeted advertising.
DMCA Copyright Policy
Wakelet deals with copyright infringement on Wakelet Services in accordance with the Digital Millennium Copyright Act. We have a policy of terminating repeat copyright infringers in appropriate circumstances. For information on the DMCA, you may look here http://www.citmedialaw.org/legal-guide/copyright-claims-based-user-content or here http://chillingeffects.org/dmca512/faq.cgi.
The contact information for Wakelet's Designated Agent for receipt of notices of claimed infringement is here:
Wakelet Limited, Bright Building, Manchester Science Park, 5 Pencroft Way, Manchester, M15 6GZ, United Kingdom. Email: email@example.com.
"WAKELET" is the UK registered trademark of Wakelet Limited (trade mark registered number UK00002655190). The Wakelet name and all related names, logos, product and service names, designs and slogans are trademarks of the Wakelet or its affiliates or licensors. You must not use such marks without the prior written permission of the Wakelet. All other names, logos, product and service names, designs and slogans on Wakelet are the trademarks of their respective owners.