Terms and Conditions ("Terms")
Last updated: November 10, 2014
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.wannadolocal.com website and the Wannado mobile application (together, or individually, the "Service") operated by Wannado, Inc. (“Wannado”, "us", "we", or "our"). We are organized under the laws of the State of Tennessee. Our headquarter office is located at 3212 West End Ave Suite 500, Nashville, TN 37203.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1.1 By creating an Account on our Service, you agree to subscribe to push notifications, SMS text messages, newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by changing these settings in your mobile device.
2.1 If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
2.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
2.4 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
2.5 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
2.6 It is your responsibility to check your Purchases for correctness. Mistakes cannot always be resolved after Purchase. Review your Purchases carefully when you receive your Purchase confirmation. Upon receipt of your Purchase confirmation, if there is a problem, Contact Us so that we may facilitate a resolution immediately. Problems will be dealt with on a case by case basis. Wannado makes no promises with regards to refunding Purchases based on user error. All Purchases are final. Absolutely no refunds after the event has taken place.
2.7 You understand that Wannado merely acts as a facilitator in Purchases between you and third party venues and event organizers. In the event of time or location changes after the Purchase has been made, you understand and agree that your sole recourse in obtaining refunds or other relief is through the third party venue or event organizer - not Wannado. t In these cases, Contact Us, and we will help put you in touch with the third party vendor or event organizer . Wannado makes no promises that persons or entities making Purchases will be refunded or otherwise compensated for any reason and it is the sole responsibility of the third party venue or event organizer to issue refunds and otherwise compensate you for Purchases, in the venue or organizer’s sole discretion.
2.7-1 Wannado will take reasonable efforts to notify the purchaser of event cancellation or rescheduled events but Wannado makes no promises that you will be notified prior to the event.
2.8 Wannado will email you Purchase confirmation for your ticket(s) or event(s). Included in this email are instructions for redeeming/collecting your tickets. It is your responsibility to follow these instructions according to the details in the Purchase confirmation email. Failing to bring ID, Purchasing Credit Card, or other required identifying materials requested in the Purchase confirmation email or failing to show up within the specified time can result in the forfeiture of you tickets and neither Wannado nor the third party venue or event organizer will be responsible for issuing a refund.
3. Availability, Errors and Inaccuracies
3.1 We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
3.2 We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
4. Contests, Sweepstakes and Promotions
5.1 Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
5.2 By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise violating the letter or spirit of these Terms or in the sole judgment of Wannado, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Wannado or its users to any harm or liability of any type.
5.3 You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a worldwide, royalty-free, irrevocable, nonexclusive, transferable right and license to modify, publicly perform, publicly display, transmit, reproduce, distribute and otherwise use such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
5.4 Wannado has the right but not the obligation to monitor and edit all Content provided by users.
5.5 In addition, Content found on or through this Service are the property of Wannado or used with permission. You may not modify, publicly perform, publicly display, transmit, reproduce, or distribute such Content outside of the Service, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
6.1 When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
6.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Wannado will take necessary steps to mitigate any fraudulent activity.
6.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
6.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
7. Copyright Policy
7.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
7.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
7.3 You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
8. DMCA Notice and Procedure for Copyright Infringement Claims
8.1 You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8.3 You can contact our Copyright Agent via email at email@example.com
9. Intellectual Property
9.1 The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Wannado and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wannado.
10. Links To Other Web Sites (revised)
10.1 Our Service contains links to third party web sites or services that are not owned or controlled by Wannado.
10.2 Wannadohas no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
10.3 You acknowledge and agree that Wannado shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
10.4 We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
11.1 We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
11.2 If you wish to terminate your account, you may simply discontinue using the Service. Feel free to Contact Us for more information on this matter.
11.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12.1 You agree to defend, indemnify and hold harmless Wannado and its l employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
13. Limitation Of Liability
13.1 IN NO EVENT SHALL WANNADO NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13.2 IN NO WAY IS WANNADO RESPONSIBLE FOR ANYTHING THAT HAPPENS AT THE EVENTS, ACTIVITIES, CONCERTS AND OTHER FORMS OF PROMOTION (“EVENT[S]”) THAT YOU HAVE FOUND OR PURCHASED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WANNADO BE HELD LIABLE FOR ANY DAMAGES OR HARM INFLICTED ON YOU OR YOUR PROPERTY WHILE ATTENDING AN IN-PERSON EVENT. EVENT ATTENDANCE IS AT YOUR DISCRETION AND WILL. WANNADO IS SIMPLY ACTING IN A MANNER TO MAKE YOU AWARE OF THESE EVENTS. WANNADO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EVENTS OR OTHER CONTENT DISPLAYED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT DISPLAYED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY DESCRIPTIONS OF EVENTS.
14.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
14.2 WANNADO DOES NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
14.3 Items purchased through the service are made available for your convenience but in no way are a guarantee of availability. It is your responsibility to print your Purchase confirmation email as well as record your confirmation number. Our Services may not be available during an event due to network interruptions or other forces of nature which make it impossible to show proof of purchase through our Service.
15.1 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Governing Law
16.1 These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions. By using the Service, you hereby consent to personal jurisdiction and venue in the state and federal courts located in Davidson County, Tennessee for any litigation, dispute or cause of action arising out of or relating to your use of or access to the Service or the Terms.
16.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
17.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
17.2 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
18. Contact Us
18.1 If you have any questions about these Terms, please contact us.
3212 West End Ave. Suite 500
Nashville, TN 37203