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 terms@wakelet.com.

The website under wakelet.com and the services on these pages are being offered to you by:

Wakelet Limited ("Wakelet", "we" or "us") a company incorporated under the laws of England and Wales with its registered office and main trading address at 76 Quay Street, Manchester, M3 4PR, United Kingdom.

These Terms are a Binding Agreement between You and Us

These Terms apply to your use of Wakelet and use of our Services.

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 the Wakelet or viewing Content).

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.

Privacy

Your privacy is very important to us. Any information that you provide to Wakelet is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of Wakelet you consent to the collection, transfer, storage, processing and use (as set forth in the Privacy Policy) of your information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Wakelet account, which you may not be able to opt-out from receiving. Please read our Privacy Policy.

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. We will not be liable if for any reason all or any part of the site 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, including 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) you are thirteen (13) years of age or older; and (d) your use of our Services 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.

When you sign up to Wakelet, you will be asked to choose a username and a password for your account, or Wakelet may assign a password to you that you may change. Alternatively we may require you to use a third-party account and authorisation service in order to use our Services, and by using a third-party authorization service you are agreeing to that third party’s terms of use, privacy policy and any other agreement between you and them.

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. 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. 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. 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.

Definitions

Here are some definitions of capitalized words we use in these 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.

"Interactive Services" means message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features.

"Services" means Wakelet.com and all other domains, products, applications, services and Content provided by Wakelet.

"Terms" means these terms of agreement between us and you.

"User" means any person or entity using Wakelet.

"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 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 a user, including you.

"Wakelet", "we" or "us" means Wakelet Limited, a company incorporated under the laws of England and Wales with its registered office and main trading address at 76 Quay Street, Manchester, M3 4PR, United Kingdom.

Wakelet Ownership and Licensing of Intellectual Property

All right, title, and interest in and to the Services and Wakelet (excluding Content provided by users) and in the material we publish on it, including without limitation all information, software, text, displays, images, video and audio, 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 materials 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 our site 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 materials 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, and in accordance with, the Terms of Wakelet Service.

Any feedback, comments, or suggestions you may provide regarding Wakelet or the Services, 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

We do not claim any intellectual property rights in your Content but we do claim the rights to deal with your Content so as to preserve and maximise the functionality of Wakelet. We acknowledge any intellectual property rights you may have in any Content uploaded to Wakelet. By submitting, posting or displaying Content on or through Wakelet, you grant us (and other Users) a worldwide, non-exclusive license without payment of any fee or royalty to use, copy, reproduce, modify, enhance, process, adapt, modify, publish, transmit, display, sublicense, make derivative works and distribute such Content in any and all media or distribution methods (now known or later developed).

You also agree that this license includes the right for Wakelet to provide, promote, and improve the Services and to make 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 Content on other media and services, subject to our terms and conditions for such Content use.

You may delete your own Content, except for User Comments, and we will make reasonable efforts to make it inaccessible and cease using it. You understand and agree that 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 Acceptable Use Policy.

Collaboration, Postings and Your Content Rights

As explained above, if you contribute Content to Wakelet then you consent to that Content being publicly shared, reused, linked to or embedded on other sites as well as being subject to rating and comment.

Wakelet may contain Interactive Services that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") Content or materials that are considered User Comments on or through the site.

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.

  • All of your User Content do and will comply with these Terms.

  • You understand and acknowledge that you are responsible for any User Content you 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 any other user of the site.

Monitoring and Enforcement; Termination

We do not moderate Wakelet. However, we take the violation of the Wakelet 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 violation does not guarantee that the Content or the 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.

If you are concerned about any Content on Wakelet then please notify us at report@wakelet.com. 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 in contravention of our Content standards, whether the 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 Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Wakelet or the public or could create liability for the Wakelet.

  • 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.

  • 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 the site for [any or no 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 any materials on or through the site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE 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 material before it is posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Rules

We have rules on what is and is not appropriate Content, and you agree not to post User Comments or submit 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 visitor to our site, or by anyone who may be informed of any of its Contents.

Warranty Disclaimer; Services Available on an "AS-IS" Basis

Your access to and use of Wakelet Services or any Content is at your own risk.

YOU UNDERSTAND AND AGREE THAT WAKELET SERVICES ARE 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.

Wakelet makes no representations or warranties of any kind with respect to Wakelet Services. 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 Users providing that Content.

Limitation of Liability

IN NO EVENT WILL WAKELET, OUR AFFILIATES OR THEIR 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, 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.

YOU AGREE THAT, 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).

Limitation of Liability

We will only use your personal data in accordance with the legal requirements and principles of the Act, which grants you various rights in respect of the processing of your personal data. For more details about your rights under the Act, the rules we have to adhere to in collecting and storing your information, and how you can check your data records, please visit www.ico.org.uk.

For the purpose of the Data Protection Act 1998 (the Act), the data processor is Wakelet Limited and you are the data controller. We are registered in England and Wales under company number 07483296 and have our registered office at 76 Quay Street, Manchester, M3 4PR, United Kingdom. Our main trading address is 76 Quay Street, Manchester, M3 4PR, United Kingdom.

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of GBP £10 to meet our costs in providing you with details of the information we hold about you.

Jurisdiction And Applicable Law

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or any transactions contemplated by these terms.

The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

You and we each agree that any dispute, claim or controversy arising out of or relating to these Terms shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

The arbitration will be administered by the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Rules then in effect, except as modified by this dispute resolution section.

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, 76 Quay Street, Manchester, M3 4PR, United Kingdom. Email: copyright@wakelet.com.

Trade Marks

"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 this Website are the trademarks of their respective owners.