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Last Modified and Effective Date: November 23, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between You and WONDERMENT APPS, LLC (“Wonderment“, “we” or “us” or “our“). The following terms and conditions, together with any documents they expressly incorporate by reference, (these “Terms of Use“), govern your access to and use of https://www.wondermentapps.com/ (the “Site“), including any content, functionality and services offered on or through the Site as well as to your voluntary choice to submit information through the Site.

Please read the Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

Authorized users of this Site are 18 years of age or older and reside in the United States, United States territories, or Canada. By using this Site, you represent and warrant that you are an authorized user of legal age to form a binding contract with Wonderment and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, please do not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all uses of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use confirms that you accept and agree to the changes. You are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, without notice. By using the Site, you agree that you may now hold us liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access some services, including but not limited to contacting us and requesting services, you may be asked to provide certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide on this Site is governed by our Privacy Policy which can be accessed at Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except if permitted to do so by these Terms of Use.

You agree that you will not:

  • modify copies of any materials from this site, including but not limited to the Wonderment Whimsy Blog;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you agree that you will, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted to you are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, computer crime or cybercrime, and other laws.

No License

Without the approval of Wonderment or of its relevant licensor in writing, no license or other right to the use of the contents on the Site is granted either explicitly or implicitly or in any other way. Any unauthorized use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by Wonderment.

The viewing, printing or downloading of any graphic, form, document or other content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution or any commercial purpose). You agree that any unauthorized use of the Site and their contents immediately terminates the license granted hereby.

Trademarks

Wonderment’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Wonderment or its affiliates or licensors. You must not use such marks without the prior written permission of Wonderment. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You agree that you may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate Wonderment, a Wonderment employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • to impersonate or pretend to be anyone else while using this Site;
  • to pretend that you represent another person, organization, or entity that you have not been authorized by that person, organization, or entity to represent through this Site;
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Wonderment or users of the Site or expose them to liability; or
  • to publish false and disparaging or defamatory statements about Wonderment or any of its employees or principals; and
  • you agree not to intentionally submit or transmit inaccurate information through this Site.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site.

Submissions

You agree that all requests for services, contact information submissions, and other information which you provide to Wonderment, should be regarded as provided on a non-confidential basis. Wonderment reserves the right to use this information at its exclusive discretion. Wonderment is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions.

You agree that you will ensure and are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy, publicity, reputational, or other personal rights or intellectual property rights) and to that extent indemnify Wonderment from all claims of third parties, including attorneys’ fees.

Reliance on Information Posted

The information presented on or through the Site, including but not limited to the information made available via the Wonderment Whimsy Blog, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

All opinions expressed in the Wonderment Whimsy Blog are solely the opinions the author of the blog post. These opinions do not necessarily reflect the opinion of Wonderment. You agree that we are not responsible, or liable to you or any third party, for the content or accuracy of any materials.

This Site may contain links to third-party websites that Wonderment does not control. You agree that Wonderment is not responsible for the content in any of those third-party websites. Wonderment makes no representations about whether it is safe to visit those websites or the accuracy of the information they contain. If you choose to visit any of these third-party websites, use or rely on the information they contain, or purchase any products or services through them, you do so at your own risk.

Linking to the Site and Social Media Features

You may link content on this Site, including but not limited to blogs from the Wonderment Whimsy Blog, to your social media, provided you do so in a way that is fair and legal and will not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link content on this Site to your own social media, including but not limited to Facebook, Twitter, LinkedIn, Reddit, Tumbler, and Pinterest.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you agree that you will not:

  • establish a link from any Site that you neither own nor control;
  • cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • link to any part of the Site other than the homepage and blog posts from the Wonderment Whimsy Blog; or
  • otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Geographic Restrictions

The owner of the Site is based in the state of California in the United States. This Site’s authorized users must reside in and access the Site from the United States, United States territories, or Canada. Wonderment does not target, market to, or offer its products or services to customers outside the United States, United States territories, and Canada. You agree not to submit your personally identifiable information through the Site if you reside outside the United States, United States territories, or Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States, United States territories, or Canada. Access to the Site may not be legal by certain persons or in certain countries.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOU AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WONDERMENT NOR ANY PERSON ASSOCIATED WITH WONDERMENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WONDERMENT NOR ANYONE ASSOCIATED WITH WONDERMENT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WONDERMENT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU AGREE THAT IN NO EVENT WILL WONDERMENT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (D) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (G) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (I) ANY OTHER MATTER RELATING TO THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Assignment

If Wonderment sells its assets to, or is acquired by another company, or if Wonderment merges with another company, you, by using this Site, authorize Wonderment to assign the personally identifiable information you provided to Wonderment or that Wonderment collected while you used this Site.

Choice of Law and Forum

By using this Site, you agree that the laws of the United States and the laws of the State of California govern this Terms of Use, the Privacy Policy, and any claim or dispute you may bring against Wonderment. You also agree that any arbitration arising from this Terms of Use, the Privacy Policy, and any claim or dispute you may bring against Wonderment will be held in accordance with the Federal Arbitration Act.

Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, this Terms of Use, the Privacy Policy, and any claim or dispute you may bring against Wonderment, including any claims related to your use of the Site, shall be instituted exclusively in the federal courts of the United States or the courts of the State of California or before California arbitrators in each case located in the County of Los Angeles, California.

Dispute Resolution

If a dispute between you and Wonderment cannot be resolved by contacting Wonderment directly, by using this Site, you agree that any dispute arising from or related to your access or use of this Site will be decided entirely by binding arbitration on an individual basis, which means you and Wonderment waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and Wonderment’s rights during the arbitration process may be more limited than the rights you or Wonderment would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this agreement.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent. You agree that the arbitration will be conducted by Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267, in the State of California and the parties will mutually agree to a single arbitrator located in the County of Los Angeles, California. You can contact JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules. You and Wonderment also agree the arbitrator will have exclusive authority to resolve any dispute arising from the interpretation, applicability, enforceability, or formation of these Terms of Use.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WONDERMENT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Waiver and Severability

No waiver by Wonderment of any term or condition set forth in these Terms of Use 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 Wonderment to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and WONDERMENT APPS, LLC. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

This Site is operated by WONDERMENT APPS, LLC.

All other feedback, comments, requests for technical support and other communications relating to the Site should be sent to wonder@wondermentapps.com or mailed to 355 South Grand Avenue, Suite 2450 PMB #1066, Los Angeles, CA 90071.