Thank you for using our products and services (“Services”). The Services are provided by Wiva Inc..
By using our Services, you are agreeing to these terms. Please read them carefully.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Dately’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.
Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Unless licensed by us in a written agreement, you agree not to use or provide software or services that interact or interoperate with Dately, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Dately content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Dately's policies or rules referenced as ("Prohibited Content"). You agree not to abuse Dately's flagging or reporting processes. You agree not to collect Dately user information or interfere with Dately. You agree we may moderate Dately access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
You will need a Dately Account in order to use our Services.
To protect your Dately Account, keep your password confidential. You are responsible for the activity that happens on or through your Dately Account. Try not to reuse your Dately Account password on third-party applications. If you learn of any unauthorized use of your password or Dately Account, follow these instructions.
You will not provide any false personal information on Dately, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use Dately if you are under 13.
You will not use Dately if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
You consent to having your personal and all other data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Dately (such as advertising or payments). You will not use Dately if you are prohibited from receiving products, services, or software originating from the United States.
We need your help to keep Dately safe, which includes the following commitments by you. When meeting someone for the first time, please remember to:
Insist on a public meeting place like a cafe, bank, or shopping center.
Do not meet in a secluded place, or invite strangers into your home.
Be especially careful buying/selling high value items.
Tell a friend or family member where you're going.
Take your cell phone along if you have one.
Consider having a friend accompany you.
Trust your instincts.
For more information about personal safety online, check out these resources:
Deal locally, face-to-face —follow this one rule and avoid 99% of scam attempts.
Do not extend payment to anyone you have not met in person.
Beware offers involving shipping - deal with locals you can meet in person.
Never wire funds (e.g. Western Union) - anyone who asks you to is a scammer.
Don't accept cashier/certified checks or money orders - banks cash fakes, then hold you responsible.
Transactions are between users only, no third party provides a "guarantee".
Never give out financial info (bank account, social security, paypal account, etc).
Do not rent or purchase sight-unseen—that amazing "deal" may not exist.
Refuse background/credit checks until you have met landlord/employer in person.
If you are defrauded by someone you met in person, contact your local police department.
Dately’s Policy on Prohibited Activity and Posts explains what you are not allowed to Post on Dately. By using our Services you agree to terms as set forth in Prohibited Activity and Post Policy.
These Community Guidelines and our Terms of Service are there to ensure every Dately user has a safe and enjoyable experience on Dately. Failure to follow these guidelines may result in your account being suspended and you losing access to Dately.
Respect others. Treat them as you would want to be treated. Do not engage in any form of hate speech, rude or abusive behaviour, bullying, or misogyny.
Don't do anything illegal on our site. Illegal activity will not be tolerated on Dately and may result in you being banned from the site, and/or being reported to the authorities. No soliciting.. Dately isn't for selling things. If you try to use it as a marketplace, you'll be banned. Dately is for 18+ years only.
Failure to adhere to these guidelines will result in you receiving a warning and/or our team may decide to block you from our service without warning. If you ignore any warning(s), you risk losing your account. These guidelines are designed to make Dately a friendly and safe place for all our users.
If you see any user not following these guidelines, please Report them so we can keep Dately a safe place for all to enjoy.
Dately’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Dately can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Our Service allows you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Dately (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Dately). Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including messages) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Dately Account, we may display your Profile name, Profile photo, and actions you take on Dately or on third-party applications connected to your Dately Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Dately gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Dately as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dately, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Dately may also stop providing Services to you, or add or create new limits to our Services at any time.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Dately and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Dately exclusively in King County, Washington, USA and you agree to submit to the personal jurisdiction and venue of such state or federal courts for the purpose of litigating all such claims. The laws of the State of Washington will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Dately, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Dately and are not responsible for the content or information users transmit or share on Dately. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Dately. We are not responsible for the conduct, whether online or offline, of any user of Dately.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DATELY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WE TRY TO KEEP DATELY UP, BUG-FREE, AND SAFE, BUT YOU USE DATELY AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT DATELY WILL ALWAYS BE SAFE AND SECURE. DATELY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
DATELY, AND DATELY’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DATELY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DATELY WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
IN ALL CASES, DATELY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.
This Statement is an agreement between you and Wiva Inc. References to “us,” “we,” “Dately,” “Services,” Service,” and “our” mean Wiva Inc.
This Statement makes up the entire agreement between the parties regarding Dately, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of Dately.
These terms control the relationship between Dately and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Dately.