Terms of Service

Wajam Terms of Service

Welcome to the world of Wajam! We hope that you will enjoy the great features of our unique website and proprietary Wajam application (the "Wajam Application") and the services we provide (the "Services") as detailed below. If you are looking for a description of the Services we offer with no legal jargon (which is necessary according to our lawyers...), please refer to the "Why Wajam" page.

These terms of use (the "Terms of Service") are a legal agreement between you and Bolidea Inc., a Montreal-based company("Wajam", "we", "us" or "our") setting forth, among other things, the terms and conditions for (i) your access and use of the www.wajam.com website and any related sub-domains, which are operated by Wajam (the "Website"), (ii) the download and use of the Wajam Application and (iii) the provision of the Services.

1. Registration & Scope of the Services
   • Registration; Account Information
     • We restrict access of the Services and the download of the Wajam Application on your hardware device (computer or mobile device/smartphone) to registered users.
     • Different Services will be made available to you depending on whether you use the Services via the Website only or if you download the Wajam Application(which we highly recommend you do!).
     • Services are free of charge at the moment, but paid services may be added in the future.
     • You agree to provide truthful and accurate account information, including but not limited to a username, password, name and valid email address (collectively, your "Account Information"). You may not be required to provide any part or all of this information if you register through one of our social networking partners, such as Facebook or Twitter.
     • You agree to update your Account Information as necessary to keep it accurate.
   • Services Accessible via the Website. If you decide to use the Services through the Website, you will have access for example to the following features:
     • Personalize your online searches, so that you can find websites that you and the people that are part of your network know, like and/or find useful;
     • Manage of your account and Account Information, including adding/amending your social networking information.
   • Services Accessible through the Wajam Application. If you decide to use the Services through the Wajam Application, you will have access to the following features and more:
     • Same services as Website use (see above); PLUS
     • Integrate Wajam results directly within the results pages of your favorite search engines (Google, Bing, Yahoo etc.); and
   • We strive to provide you with a Wajam Application that works on each platform, so if your platform is not recognized, send us an email and we will let you know if the Services will be available soon for your platform – no promises here! By downloading the Wajam Application, you understand and expressly agree that:
     • a Wajam logo will be affixed on your search engine webpage (Google, Bing and Yahoo for now), usually below the search text box; and
     • the results of your searches provided by Wajam will be included at the top of the results pages of your search engine (you will then be able to see how cool and powerful Wajam is!).
   • Share Functionality and Third Party Sites. The Website, the Wajam Application and the Services may utilize social networking (e.g., Twitter, Facebook etc.) or may contain links to third party sites or resources that are not owned or controlled by Wajam. Wajam has no control over, and assumes no responsibility for the content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the policies of those third parties where applicable. By using the Website, the Wajam Application and the Services, you expressly relieve Wajam from any and all liability (direct or indirect) arising from your use of any share functionality or third-party site or resource accessed from the Website, the Wajam Application or the Services. We encourage you to ask questions before you disclose your personal information to anyone. We reserve the right to change, modify or delete links to third party websites without notice.
   • Partners. Wajam and/or its affiliated partners/associations/organizations which participate in the growth of the Services may present advertisements or promotional materials on or through the Website and/or the Wajam Application (including, without limitation within/around the search results provided by Wajam). Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website and/or the Wajam Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Wajam is not responsible or liable for any loss or damage of any sort (direct or indirect) incurred as the result of any such dealings or as the result of the presence of such third party materials on the Website or made available through the Wajam Application. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Wajam.
2. Prohibited Acts
   • Prohibition. So that the Website, the Wajam Application and the Services are available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not or permit or enable a third party to:
     • access or attempt to access any of the Services by any means other than through the Website or the Wajam Application or use automated tools to operate the Services (scripts, etc.); or
     • use the Website or the Wajam Applicationin a way that (or display, post, transmit or otherwise make available UCGon or through the Website or the Wajam Applicationthat) (i) violates the terms of the Terms of Service; (ii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, abusive, obscene, invasive of another's privacy, hateful, fraudulent or malicious; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (v) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vi) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (vii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (viii) interferes with or disrupts the Website, the Wajam Application, the Servicesor any server or network involved with the operation of the Website, the Wajam Application or the Services; (ix) collect or "harvest" from the Website or the Wajam Application the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or(x) otherwise violates any local, national or other applicable law or regulation.
   • Sanctions. ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF SERVICE IS STRICTLY PROHIBITED AND MAY RESULT, AT WAJAM'S DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.
   • Contact. Any misuse of the Services may be reported to abuse@wajam.com.
3. Service Interruptions
   • Interruptions. You acknowledge that: (i) your access to and use of the Website, the Wajam Application and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the Wajam Applicationand/or 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 Website, the Wajam Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Website and/or the Wajam Application or other event that we determine, in our sole discretion, that a risk to the applicable Service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions").
   • No Liability. Wajam shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
   • Notice of Interruption. To the extent we are able, we will endeavour to post updates on the Website regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
4. Security
   • Your Responsibility. You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while logged into the Website or using the Wajam Application. You agree to accept responsibility for all activities that occur under your account or from your hardware device.
   • No Guarantee. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Website, the Wajam Application or their contents. You agree to immediately notifyWajamof any unauthorized use or your account, or any other breach of security at abuse@wajam.com, and you accept all risks of unauthorized access to the Website, the Wajam Application,your Account Information and any other information you provide to Wajam.
   • Disclaimer and Indemnity. Wajam will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Wajam, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
5. Cancelling & Termination of Your Account
   • Cancelling Your Account. You can cancel your account at any time by by emailing feedback@wajam.com with your request.
   • Termination by Wajam. Wajam may terminate your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section "Warranty Disclaimer" (see paragraph 8 below).
   • Surviving Obligations. All provisions of the Terms of Service which by their nature should survive expiration or termination shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website and the Wajam Application shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to Wajam, including without limitation any indemnification obligations contained herein.
6. Intellectual Property
   • Grant of License. Wajam grants you a non exclusive, non-transferable, worldwide, revocable license to access and use of the Website, the Wajam Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the Wajam Application and the Services are made available to you for your non-commercial use only.You need to obtain our permission if you want (i) to sell, distribute, licence or in any other way exploit, in whole or in part, the Services, the use of the Website or the Wajam Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modifyor create derivative works from the Website and/or the Wajam Application, in whole or in part.
   • Reservation of Rights. Wajam reserves all right, title and interest not expressly granted 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 Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
   • Trademarks and Copyright. The following are trademarks (registered or not) of Wajam: "Wajam", "Great Minds Search Alike"as well as certain other Wajam trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website or the Wajam Application and the provision of Services. The Website and/or the Wajam Application may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks").
   • Copyright. All content displayed on the Website and through the Wajam Application as well as all the software (including any source code) used in connection with the Services is the exclusive property of Wajam or third parties and is protected by copyright laws.
   • No License. Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the Wajam Application and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of Wajam or owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website or made available through the Wajam Application.
   • Feedback. If you choose to communicate suggestions for improvements to the Website, the Wajam Application or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) Wajam is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Wajam shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) Wajam may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Wajam under any circumstances.
7. Disclaimers
   • "AS IS" BASIS. THE WEBSITE, THE WAJAM APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE DOWNLOAD OF THE WAJAM APPLICATION AND/OR ANY USE OF THE WEBSITE, THE WAJAM APPLICATIONAND THE SERVICESARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE WAJAM APPLICATION AND/OR USE OF THE WEBSITE, THE WAJAM APPLICATION AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAJAM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. WAJAM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE WAJAM APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WAJAM DISCLAIMS ANY LIABILITY RELATING THERETO.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
   • Warranty Disclaimer. WAJAM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE WAJAM APPLICATION AND THE PROVISION OF THE SERVICESARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WAJAM MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE WAJAM APPLICATION AND/OR THE SERVICES OR YOUR USE OF THE WEBSITE, THE WAJAM APPLICATION AND/OR THE SERVICES. IF WAJAM ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE WAJAM APPLICATION AND/OR THE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
   • Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE WAJAM APPLICATION (INCLUDING BUT NOT LIMITED TO UCG) IS AT YOUR OWN RISK. WAJAM DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
   • Third Party Content. SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE WAJAM APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UCG). YOU ACKNOWLEDGE THAT WAJAM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
8. Limitation of Liability & Indemnity
   • Limitation of Liability. IN NO CASE WILL WAJAM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, THE WAJAM APPLICATION OR THE SERVICES [OR] (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE WAJAM APPLICATION AND/OR THE SERVICES, OR (III) YOU RELIANCE PLACED BY YOU ON THE COMPLETNESS, ACCURACY OR EXISTING OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR THROUGH THE WAJAM APPLICATION,REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF WAJAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IN NO EVENT WILL WAJAM'SAGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE WAJAM APPLICATION AND THE SERVICES) EXCEED CAD$500. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
   • Indemnity. YOU WILL INDEMNIFY AND HOLD WAJAM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS AND EMPLOYEES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THESE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE WAJAM APPLICATION AND/OR THE SERVICESCAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE, THE WAJAM APPLICATION AND/OR THE SERVICES.
9. Privacy Policy
   • Your use of the Website and the Wajam Application is also subject to Wajam's Privacy Policy (the "Privacy Policy"), which is incorporated by reference and made a part of the Terms of Service. It is important that you read and understand the terms of our Privacy Policy.
10. General
    • No Partnership. No agency, partnership, joint venture, or employment is created between you and Wajam as a result of the Terms of Service and you do not have any authority of any kind to bind Wajam in any respect whatsoever.
    • Applicable Law; Jurisdiction. The Terms of Service shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, applicable to agreements made and entirely to be performed within the Province of Québec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, download the Wajam Application or use the Services, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed and adjudicated only in the federal or provincial courts located in Québec (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Service.
    • Severability. If any of the provisions of the Terms of Service or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Service will not be affected.
    • Questions. If you have any questions regarding the Terms of Service or wish to report any issue relating to the Website, the Wajam Application, their content or the Services you were provided, please contact us by email at feedback@wajam.com.
    • Language. The parties hereto acknowledge having expressly required that these Terms of Service and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Modalités et Conditions et la Politique relative à la protection des renseignements personnels soient rédigées en anglais.