End User License Agreement

Wajam.com | EULA End User License Agreement

    Last modified: 03 May, 2016

    This End User License Agreement ("EULA") together with the Privacy Policy is made between Iron Mountain Technology. ("Wajam", "Company", "us", "we" and "our") and you, a user of either the (i) www.Wajam.com site ("Website"); OR (ii) browser extensions; OR (iii) our software product (if applicable) (collectively "Wajam Products").

    Introduction

    By accessing or using the Wajam Products, you hereby agree to abide by this Agreement and the Privacy Policy, incorporated herein by reference (collectively the "Agreement"). If you do not agree to abide by this Agreement, please do not access or use the Service.

    You represent and warrant that you are at least 18 years of age and of legal competence to enter into this Agreement.

    We reserve the right, at our discretion, to revise or update this Agreement at any time. Any material change will be effective five (5) days following posting the revised terms on the Website. The last revision will be reflected in the "Last Updated" heading. Your continued use of the Service or the Wajam Products thereafter means you consent to such changes and your agreement to be bound by them. Please make sure to review our EULA and the Privacy Policy periodically.

    Scope of Services

    The Wajam Products (either the installed product or the Website) enable you to personalize and enhance your browsing experience by adding social advertisement and recommendations ("Service"). The Service enables you to customize you online search experience by adding recommendations and advertisements from people you know and the social networks you use.

    User Account

    The Service may require you to log in and create an account ("Account") which will be done using third party authentication service (such as Twitter). You represent and warrant that all information you provide in connection with the creation of an Account is accurate, true and current, and to update such information completely and timely as needed. If you believe that a third-party has gained access to your Account, please notify us at: support@wajam.com. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies. The Company reserves the right to terminate your Account at any time for any reason. If your Account is terminated the Company has no obligation to retain any data associated with your Account.

    To cancel Your Account at any time for any reason, you may do so by contacting us at: support@wajam.com or by uninstalling or removing the Wajam Products as well as cease the use of the Service.

    License and User Restrictions

    Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to download, install and use the Wajam Product and to use the Service on your personal device that you own or control.

    The Company reserves all right, title and interest not expressly granted herein under this License to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the License granted to you under the Agreement, and any attempt to sublicense, assign, or transfer any part of your rights under the Agreement is void.

    You may not attempt to access the Service or Wajam Products by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Service or Wajam Products.

    You agree not to disrupt, disable, overburden, damage, modify or interfere with the Service, Wajam Products or otherwise impair or degrade its performance in any way. You agree not to impede or interfere with others’ use of the Service or the Wajam Products. You further agree not to alter or tamper with any information or materials on or associated with the Service or the Wajam Products.

    You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Service or the Wajam Products.

    You agree that you or any third party on your behalf shall not: (i) sublicense, redistribute, sell, lease, lend or rent the Wajam Products; (ii) make the Wajam Products available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Wajam Products; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Wajam Products or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Wajam Products or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Wajam Products; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Wajam Products; (vii) use the communications systems provided by the Wajam Products to send unauthorized or unsolicited commercial communications; (viii) use the our name, logo or trademarks without our prior written consent; or (ix) use the Wajam Products to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. ANY USE OF THE SERVICES OR WAJAM PRODUCT NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF SERVICE IS STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.

    You shall not use our Wajam Products or Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our services.

    Intellectual Property

    All trademarks, service marks, product names, and trade names of the Company appearing on or through the Service or the Wajam Products are exclusively owned by the Company. All other trademarks, service marks, product names, copyrights and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent.

    The Company is the exclusive owner of the Service and the Wajam Products and any software component or technology incorporated therein. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

    All content included on the Service is the property of the Company or its respective licensors or content suppliers and is protected by United States and international copyright laws.

    Digital Millennium Copyright Act (DMCA)

    As required by the Digital Millennium Copyright Act of 1998, we have designated the following for notification of alleged potential copyright infringement:

    Wajam Inc.
    Room 1708
    Kai Tak Commercial Building
    317-319 Des Voeux road, Central
    Hong Kong
    legal@wajam.com

    Wajam is active in protecting copyrights, if you believe material on the Service or the Wajam Products infringes a copyright, please provide the following information to support@wajam.com:

    Identification of the copyrighted work(s) claimed to have been infringed;

    Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed, or have access to disabled;

    Information that is specific and sufficient to permit us to locate the material;

    The following contact information: mailing address, email address, full name and identification of the copyright owner.

    A statement that the copyright owner or its authorized agent 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

    A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Third party services

    We explicitly disclaim any responsibility for the accuracy, content, or availability of information made available by third party sites that are linked from our Service. We have no obligation to take any steps to confirm the accuracy or reliability of, any of the information contained in third-party sites or content. We make best efforts to monitor and review the content presented in the Wajam Product and Services by third parties but we cannot and will not make any representations or warranties as to the accuracy and security of any information provided to you (including, without limitation, advertisement available and social recommendations) or information you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.

    Disclaimer of Warranties

    You expressly agree that your use of, or inability to use, the Service or the Wajam Products is at your sole risk. The Service, Wajam Products and the information and materials therein are provided by our third party partners or from publicly available sources and are thereby provided on "AS IS" and "AS AVAILABLE" bases.

    The Company does not provide any user assurance or warrant the accuracy, comprehensibility, reliability, currency, correctness or completeness of the information made available on the Service, or the reliability of any advice, opinion, statement or other materials displayed on or distributed through the Service or Wajam Products, whether to you or to any other party. Where permitted by law, the Company and its partners or service providers specifically disclaim any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, title, non-infringement or fitness for any particular purpose.

    Wajam does not provide any warranty, representation or user assurance that your use of the Service, Wajam Products , results you (or any other person or entity) may obtain from use of the Service, or material, information, or data downloaded or otherwise obtained from the Service, whether by you or any other person or entity, shall be uninterrupted, timely, without delays, secure or error-free, or that any defects shall be corrected, or that the Service will meet any third party's expectations.

    Limitation on Liabilities

    To the fullest extent permitted by law, in no event shall the Company be liable for special, incidental, consequential, indirect, exemplary, punitive or tort damages, including, but not limited to, damages resulting from loss of use, loss of data, loss of profits or loss of business or diminution of value arising out of or in connection with that are related to or arise in any manner out of the use of, or the inability to use, or any decision or action taken in reliance upon, the information, content, materials, and functions of the Service or any linked third party service, and whether based in tort, contract, negligence, strict liability or otherwise, even if we are or have been expressly advised of the possibility of such damages.

    If you become dissatisfied in any way with the Service, your sole and exclusive remedy is to stop your use of the Service. You hereby waive any and all claims against the Company, and its affiliates, agents, representatives and licensors arising out of your use of the Service. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company and its affiliates shall not exceed the lesser of the cost of the Service or the Wajam Products.

    Indemnification

    You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your access to or use of the Service, the Wajam Products any content you submitted or made available to therein or to any matter governed by this Agreement. The user is solely responsible for his or her actions when using the Service.

    Termination and Service Interruptions

    At any time, you may stop to the use the Wajam Product or related services and tools that are made available to you by us. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Wajam Products or Services; or (ii) terminate this Agreement and your use of the Wajam Product with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the Wajam Products, Services or this Agreement.

    You acknowledge that: (i) your access to and use of the Wajam Products may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Wajam Products or Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Wajam Products or Services; or (b) in the event that we determine that any of the Services are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Services Interruptions").

    The availability and functionality of the Wajam Product depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. The Company does not warrant that the Wajam Product will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the Wajam Product or to provide updates, upgrades or programming fixes; we have no obligation to make available to you any subsequent versions of the Wajam Product.

    Consent to Our Communication with You by E-Mail

    By providing your personal information to us when you contact us or set up your Account, or voluntarily provide us with your email you grant the Company permission to contact you. To stop receiving our marketing emails, you may follow the opt-out procedures in our marketing emails.

    Governing Law

    The Agreement shall be governed by and construed in accordance with the laws of Hong Kong, applicable to agreements made and entirely to be performed within Hong Kong, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

    Amendments

    The Company reserves the right, with or without notice to you, to amend, modify, update or make changes to this Agreement in its sole discretion. Continued use or access to the Service, or any part thereof, constitutes your acceptance of such changes. The date of the last amendments shall be reflected in the "Last Modified" heading.

    Entire Agreement, Severability, Agency, Assignment and Headers

    This Agreement constitutes the entire agreement between you and the Company, and supersedes any prior agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein. The Company expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion. Headings are for reference purposes only and do not limit the scope or extent of such section. The Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

    Updates and Upgrades

    In order to enhance and further develop the Wajam Product we may automatically download and install updates and upgrades from time to time. These updates and upgrades are designed solely to improve the Services, enhanced functionalities, embed new modules and versions which will not affect your device in any way. You hereby agree to receive such updates and upgrades as part of your use of the Wajam Product. In the event we believe that such update or upgrade shall materially affect your use of the Wajam Product, we will make best efforts to notify.

    Contacting Us

    If you have any questions about these terms, or wish to report violators of this Agreement, contact support@wajam.com