The terms “Waev,” “we,” “our,” and “us” refer to Waev Inc. and its affiliated businesses.
Some Sites or certain features or functions of Sites (games, promotions, messaging, etc.) may be subject to additional terms and conditions, which will be posted on the Site (“Local Terms”), all of which are incorporated herein by reference. If any of the Terms contained herein conflict with any Local Terms presented on any particular Site, then the Local Terms shall control.
THE SITE IS NOT INTENDED FOR CHILDREN YOUNGER THAN 13 YEARS OLD, AND NO ONE YOUNGER THAN 13 YEARS OLD MAY PROVIDE ANY INFORMATION TO THE SITE.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND WAEV WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE SEE THE DISPUTES SECTION OF THESE TERMS FOR EXCEPTIONS TO THIS ARBITRATION NOTICE.
All trademarks, logos, text, graphics, video, moving images, user interfaces, visual interfaces, photographs, sounds, music, artwork and computer code (collectively, “Waev Content”), including but not limited to the design, structure, selection, coordination, expression, look-and-feel, and arrangement of such Waev Content contained on the Site is owned, controlled or licensed by Waev, and is protected by unfair competition and intellectual property laws. You may not use any meta tags or other hidden text utilizing the Waev name or any of our brand names or trademarks without our express written permission.
Except as expressly provided in these Terms, no part of the Site and no Waev Content may be copied (including by mirroring, in-line linking, or embedding), reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Waev’s express prior written consent. You acknowledge that any unauthorized use of any Waev Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
You may use information about Waev products and services such as product specifications sheets and similar materials that Waev makes available for download from the Site, provided that you (a) do not remove any proprietary notice language on such documents or information, (b) use such information only for your own non-commercial use or to do business with us, and (c) do not copy or post such information on the internet or any networked computer, or publish in any media.
Rules for Your Personal Use of the Sites
The Sites are strictly for your personal, noncommercial use and for conducting business with us. You may not use any automated tools, programs, algorithms or methods, including those known as scrapers, robots, spiders, or deep-links or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or any Waev Content, and you may not obtain or attempt to obtain any information through any means not specifically provided by Waev. Waev strictly prohibits such activity, and reserves the right to take any lawful action to prevent, disrupt, or stop such activity.
You may not attempt to gain unauthorized access to any part of the Sites, to any other systems or networks connected to the Site, to any Waev server, or to any of the services offered on or through the Site, by hacking, by password-mining or by any other unauthorized means. You may not attempt to penetrate or otherwise test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
Any permitted links to the Site must comply with all applicable laws, regulations, and Waev policies. Additionally, you agree that you will not (a) take any action that, in our sole discretion, imposes, or may impose an unreasonably large load on our infrastructure, (b) interfere or attempt to interfere with the operation or function of the Site, or (c) bypass any measures we may use to prevent or restrict access to the Site.
User Accounts and User Content
It is your responsibility to keep your password confidential and your Account secure. You agree you are solely responsible for all activity and purchases that occur through your Account. You agree to notify Waev immediately of any unauthorized use, or suspected unauthorized use, of your Account and any other breach of security. You further agree that you will not permit others, including those who have been banned from the Sites, to use your Account. Waev reserves the right to terminate your Account for any reason, including any violation of these Terms. Waev is not liable for any loss or damage arising from your failure to comply with the above requirements or from any losses resulting from unauthorized access to or use of your Account or the Sites. You may be liable to Waev or third parties for such unauthorized access or use.
Any information you post or otherwise transmit to the Sites, including any comments, feedback, data, photos, videos, questions, or suggestions (“User Content”), are considered non-confidential and non-proprietary. In other words, you waive any and all rights to claim that Waev’s or any third-party’s use of your User Content violates any of your rights including but not limited to moral rights, privacy, intellectual property, publicity, or any other rights. Waev does not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not Waev, are solely responsible for the composition of any User Content.
Waev prohibits, and you agree you will refrain from, posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could incite a criminal act, give rise to civil liability, or otherwise violate any law. Waev may monitor or review bulletin boards, chatrooms, discussions, postings, or transmissions in its sole discretion. However, Waev has no obligation to do so and assumes no liability or responsibility arising from any User Content or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any User Content. Waev may change, edit, or remove User Content at any time, for any reason, including if Waev finds, in its sole discretion, User Content to be illegal, indecent, obscene, offensive, or in any way a violation of Waev’s policies. Waev will cooperate fully with any law enforcement authorities or any court order requesting or directing Waev to disclose the identity of anyone posting User Content.
Regarding your User Content, you represent and warrant that:
Waev does not guarantee the accuracy, completeness, or usefulness of any User Content. Any opinions, advice, statements, services, offers, or other information contained in User Content are those of the author, and not of Waev. You acknowledge that by providing access to the User Content on the Site, Waev is acting only as a passive conduit for such User Content and is not undertaking any obligation or liability relating to any User Content or related activities on the Site.
Waev does not guarantee that other users of the Sites are, or will be, compliant with the foregoing User Content Pledge or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Rights You Grant to Waev
Any User Content you provide remains your property. By providing User Content to Waev, however, you grant Waev a worldwide, perpetual, irrevocable, transferable, fully paid-up, royalty-free license, with full rights to sublicense, to use, monitor, copy, modify, translate, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in whole or in part, in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without compensation or payment to you or any third-party.
By providing User Content to Waev, you grant Waev an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, recordings of your voice, and any illustrations, photos, video clips, portraits, likenesses or pictures of you or any other indicia of your identity as contained in your User Content, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or discovered in the future, and in any manner without further notice to or consent from you, and without compensation or payment to you or any third-party.
By submitting User Content, you agree to release, hold harmless and indemnify Waev and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and defamation.
You understand that Waev is relying on your representations, grants of rights, waivers and releases in permitting you to submit User Content and use the Sites. You acknowledge that you may not terminate or rescind the grants of rights and licenses or the releases contained in these Terms.
We maintain technical and organizational security measures designed to help protect your personal information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission or storage system is 100% secure or error-free, and we cannot guarantee the security of the information we collect.
The Sites and the Waev Content are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by law, Waev disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Waev does not warrant or make any representations regarding use of content from the Sites in terms of its correctness, accuracy, reliability, or otherwise. The contents of the Sites could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of development subsequent to the posting of the content. Waev has no obligation to verify or maintain the accuracy of such information.
Waev works to keep the Sites operating, but Waev is not liable for any defects that may exist in the functionality of the Sites. Waev expressly disclaims all warranties of any kind related to the functionality of the Sites, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Waev makes no warranty that the Sites will function to meet your requirements or that your access to the Sites will be uninterrupted, timely, free of defects, or that any defects will be corrected. Waev makes no warranty that the Sites will be secure, or free of viruses, worms, or other harmful components. You agree that you are solely responsible for any damage or problems caused by, or related to, visiting the Sites, including all service or repair costs for your computer equipment and software. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL WAEV BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WAEV HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If this limitation of liability is held to be unenforceable, Waev’s maximum liability to you shall not exceed the amount you paid to Waev for the products or services giving rise to your claim. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you. These Terms do not require you to waive any rights, where such waiver is prohibited by applicable law.
You agree to defend, indemnify, and hold harmless Waev, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must immediately stop accessing or using the Sites. You use the Sites at your sole risk. If you are dissatisfied with the Sites, the content or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Sites. If you breach any provision of these Terms, then you may no longer use the Sites.
Waev or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, and without any prior notice or liability to you, immediately: (a) suspend or terminate your authorization to use the Sites and any membership and account you may have; (b) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address, or domain name; (c) permanently delete and destroy any User Content that you or others may have posted or submitted to the Sites or otherwise transmitted to Waev; and (d) prohibit you from using the Sites in the future.
If these Terms are terminated for any reason, then these Terms, including your indemnification obligations, will continue to apply and be binding upon you regarding your prior use of the Sites. Any rights or licenses you granted to us under these Terms will survive termination. No amounts previously paid by you will be refunded.
All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to these Terms or the Sites (including the purchase of Waev products via the Sites) (“Claims”) shall be resolved exclusively in the state or federal courts located in Orange County, California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any Claims. You agree to commence any Claims within one (1) year after the Claim arises.
The foregoing notwithstanding, you and Waev each agree to submit any disputes directly or indirectly arising out of or relating to these Terms or the Sites (including the purchase of Waev products via the Sites) exclusively to final and binding arbitration taking place in Orange County, California. You agree and acknowledge that you and Waev are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. The Federal Arbitration Act applies to these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Legal Department, Waev Inc., 2114 W. Ball Road, Anaheim, CA 92804. The arbitration will be conducted under the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all fees will be governed by the AAA’s rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Waev will pay the additional cost. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court. You may choose to have the arbitration conducted by telephone or based on written submissions.
The arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Arbitration is not required for the following claims, which may be brought in court: (a) disputes related to intellectual property (like copyrights and trademarks), (b) Waev claims related to unauthorized access, use of, or interaction with the Sites, (c) any claims you may have that qualify for small claims court, and (d) claims relating to the scope and enforceability of this arbitration provision.
The Waev name, the terms Waev, GEM, Taylor-Dunn, Tiger and Bigfoot; the Waev logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by Waev or its affiliates or licensors. Waev prohibits the use of such marks without prior written authorization from Waev. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
Notices and Procedure for Making Claims of Copyright Infringement
Waev respects the intellectual property of others, and requires that users and visitors to the Sites do the same. Waev will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Notifications of claimed copyright infringement should be sent to Waev’s designated copyright agent. If you believe in good faith that content on the Sites infringe your rights under U.S. copyright law, you (or your agent) may send Waev a written notice by mail or e-mail requesting that Waev remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Waev a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.
To submit a notice of copyright infringement, please provide Waev the following information. Please be advised that to be effective, your notice must include all of the following:
Notices of claimed copyright infringement should be directed to:
2114 W. Ball Road
Anaheim, CA 92804
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING WAEV THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you have any questions about these Terms or would like to report a violation of these Terms or other Waev policies, please contact us as follows:
2114 W. Ball Road
Anaheim, CA 92804
By phone: 1-800-688-8680 (Monday to Friday, 8 am – 5 pm Pacific)
The paragraph headings in these Terms are only for convenience and have no legal effect. No waiver by Waev of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Waev to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.