Please read these Terms of Service (the “Terms”), carefully, before using wondros.com (the “Website”) provided by Hungry Heart Media, Inc., d/b/a Wondros (“WONDROS”) and its affiliates, whether as a guest or registered user.
By using or accessing the Website, you are deemed to have read, accepted, executed and agreed to be bound by all the terms and conditions of these Terms, and our Privacy Policy, incorporated herein by reference. If any provision of these Terms or any future changes are unacceptable to you, do not use or continue to use the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Any changes to these Terms will be in effect as of the “Last Revised” date referred to at the top of this page.
Your continued use of the Website after following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
WONDROS offers a variety of services which may be accessed through the Website (the “Services”). Anyone can browse the Website without registering for an account. However, you may need to create an account on the Website to use certain Services.
WONDROS is always expanding and thus you may see changes to our Services without warning. Due to the evolving nature of technologies and the way we do business, we reserve the right, with or without notice, to modify, suspend, terminate, or discontinue providing any of the Services at any time. We release updates on a regular basis, some of which are not publicly announced. These are done to improve system stability, add new features, allow us time to perform routine maintenance, or comply with applicable law. We are not liable in the event that we modify, suspend, terminate or discontinue any part of the Website or its Services.
We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information.
If you are experiencing any issues, are unable to find any information pertaining to your inquiry on our Help Center, or want to reach out to our team, you may do so by sending us an email at support@wondros.com. When contacting us, we want to provide you with the best possible support, so please follow these steps to ensure a fast and relevant response:
If you are contacting us for business or marketing purposes, you may reach out to us at hello@wondros.com or wondros.com/contact.
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable and personal license to access and use the Website and the Services. Our grant of such license is subject to your compliance with these Terms.
You are solely responsible for your actions, content, and the behavior of your account. We work hard to keep our Services safe and enjoyable for everyone. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability.
You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to): (a) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (b) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, or which would involve proceeds of any unlawful activity; (c) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (d) impersonate another person (via the use of an email address or otherwise) or create an account for the purpose of username “squatting”; (e) upload, post, transmit or otherwise make available through the Services any content that infringes the intellectual proprietary rights of any party; (f) operate to defraud WONDROS, other users, or any other person or provide false, inaccurate or misleading information; (g) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (h) engage in, promote, or encourage illegal activity (including, without limitation, phishing, terrorism, tax evasion or money laundering); (i) interfere with another individual’s or entity’s access to or use of the Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Services about others, including without limitation email addresses, IP addresses, or any other personal information, without proper consent; (j) exploit the Services for any unauthorized commercial purpose; (k) modify, adapt, translate, or reverse engineer any portion of the Services; (l) remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any part of it; (m) reformat or frame any portion of the Services; (n) display any content on the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (o) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about its users for any unauthorized purpose; (p) create user accounts by automated means or under false or fraudulent pretenses; (q) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or services; (r) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm WONDROS or users of our Services, or expose them to liability; or (s) use the Services in a manner that is inconsistent with applicable law and these Terms.
The above-mentioned acts are not an exhaustive list. You agree not to or not to allow or encourage any third party to use any of our Services to commit any of the above-mentioned or similar acts. You also agree to immediately notify us if you violate or are accused of having violated any of these Terms at support@wondros.com.
Please be aware that we handle each instance of a violation or alleged violation of these Terms on a case-by-case basis. We reserve the right to act or refrain from acting on any violations in any way we deem appropriate. We are not obliged, however, to follow up on any leads or reports of violations. We are also under no obligation to enforce these Terms or impose penalties for violations of it in any way. However, even if we choose not to enforce our rights under these Terms, we may do so in the event of a violation.
In such cases, we reserve the right, but do not have the obligation to:
Any violation of these Terms may result in any of the following:
In the interests of our users and the Services, in the event that any individual has had his or her account or access blocked or is banned under this provision, he or she is prohibited from creating or using another account on or seeking access to (either the portion or entirety of) our Services, unless we provide explicit permission.
The blocking of an account, access, or the banning of a user under this provision shall be in accordance with Section 15 of these Terms.
In connection with your use of the Website, you may be able to post, upload, or submit content to be made available through the Website, including media (“User Content”). You retain all rights to User Content you post, upload, submit, or otherwise make available through the Website, except for rights expressly granted herein. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Services, you must comply with the content standards set out in Section 5 above and in this section.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in User Content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in 6.2 below. By making your User Content available on the Website, you represent and warrant that you own or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for User Content. You agree that User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in 6.2.
You warrant that any User Content complies with these Terms, and you will be liable to us and indemnify us if that warranty is breached. This means that you will be liable for any loss or damage we sustain as a result of your breach of warranty.
We have the right to remove any posting you make on our site if, in our opinion, User Content does not comply with the content standards set out in accordance with these Terms. You are solely responsible for securing and backing up User Content.
When you upload or otherwise make available User Content to our Website, you grant WONDROS and our affiliates a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) User Content in any and all media or distribution methods (now know or later developed) for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Services, or any other purpose related to the Website but solely as required to be able to operate and provide our Services.
You agree that this license includes the right for us to provide, promote, and improve the Website and to make User Content available to other companies, organizations or individuals for the distribution, promotion or publication of User Content on other media and services. You agree that these rights and licenses and include a right for us to make User Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Website, and solely for purpose of providing the Website, and to otherwise permit access to disclose User Content to third parties if we determine such access is necessary to comply with our legal obligations.
By using our Website and Services, you represent and warrant that:
Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our system, Website and by our Services. We do not give you a license to use any of these, and you may not use them without our permission.
Our Website and Services and their 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 WONDROS, its affiliates, its licensors, or other providers of such material and are protected by The United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms.
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without further notice. If you wish to link to or make any use of content on our site other than that set out above, please contact support@wondros.com.
We want to ensure that the content that we host does not infringe the proprietary rights of others. If you are the owner of content that is being improperly used on our Website without your permission, you may request that the content be removed. To make such a request, please email us with the required information at support@wondros.com.
The owner of the intellectual property right (the “IP”) or a person authorized to act on his behalf must submit the following information:
To file a counter-notification with us, you must provide us with the following information:
Our Website may contain features and functions that link to third-party websites, servers, directories, systems, networks or any other kind of third-party hosting or hosted content. Anytime you access this content, what you do with it is between you and the provider of that content. We do not endorse or support any third-party content, and cannot be held responsible for what is contained on external systems. We expressly disclaim any responsibility for what happens on third-party systems. Third-party systems are not a part of our Website or Services in any way, and we imply no affiliation or endorsement by having them on our system.
Please make sure that you familiarize yourself with the safety and reputation of any third-party links that you click or otherwise access, and that you take the appropriate steps to back-up your data, protect your privacy, and guard yourself against viruses, malware, scams or other types of risks that can be found on the Internet.
Our Website and Services may include content provided by third parties, including materials provided by advertisers, other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WONDROS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WONDROS. We are not responsible, or liable to you or any third party, for the content, accuracy, or legality, of any materials provided by any third parties.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through our Website. 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 user of the Website or Services, or by anyone who may be informed of any of its contents.
We are not responsible for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through our Website or Services.
YOU UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND SERVICES WILL NOT BE UNINTERRUPTED OR ERROR-FREE; (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE WEBSITE AND SERVICES WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED; (C) WONDROS HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE WEBSITE OR SERVICES; (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA; AND (E) WONDROS 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 WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) UNAUTHORIZED ACCESS TO APPLICATIONS; (4) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WONDROS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SERVICES (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless WONDROS and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “WONDROS Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website, or User Content; (b) your breach of these Terms; (c) your breach of any applicable law and regulation; (d) your breach or violation of the rights of a third party, including another user or third party service provider. You agree to promptly notify WONDROS of any third-party Claims and cooperate with the WONDROS Parties in defending such Claims. You further agree that the WONDROS Parties shall have control of the defense or settlement of any such third-party Claims.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WONDROS OR THE WONDROS PARTIES, BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OR THE INABILITY TO USE THE SERVICES.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WONDROS (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
To the extent that foregoing limitation of liability is prohibited, our sole obligation to you for damages shall be limited to the amount you paid us to use the Services to which such claim relates in the 12-month period preceding the filing of such claim.
You agree that any third party who is not a direct contracting party in the provision of our Services shall not be entitled to make any claim whatsoever against us.
You understand and agree that you access and use the Website at your own risk.
You understand and agree that the nature, potential value, suitability, and appropriateness of these risks are solely your responsibility. This warning and others provided in these Terms do not constitute or imply an ongoing obligation to alert you to all of the potential risks of using or accessing the Website, and acknowledge that this brief statement does not disclose all of the risks associated with the Website, Services, and other digital assets.
YOU RELEASE US AND THE WONDROS PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
WONDROS reserves the right, in our sole discretion, to terminate your access, or use of the Services, ban you as a user, delete any content or data uploaded by you, terminate these Terms, or terminate part or all of our Services, with or without cause, and with or without notice. You acknowledge and agree that, upon any such termination, any licenses granted by WONDROS shall terminate and WONDROS shall have no liability or obligation to you.
Even after your use and participation are banned, blocked or otherwise suspended, these Terms will remain in effect with respect to relevant provisions. If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
You agree that all matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related, shall be governed by and construed in accordance with the Laws of the State of California, United States of America (without reference to conflict of laws principles).
You agree to file any legal suit, action, or proceeding (each a “Dispute”) arising out of, or related to, these Terms or the Services exclusively in the courts of California, United States of America, although we retain the right to bring any Dispute against you for breach of these Terms in your country of residence or any other relevant country. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Los Angeles, California, USA, in any Dispute relating to us or these Terms. You waive any and all objections to the exercise of exclusive jurisdiction over you and over the subject matter by such courts and to venue in such courts including any defense of forum non-conveniens.
You irrevocably waive, to the fullest extent permitted by applicable law, any right you may have to a trial by jury in respect of any Dispute directly or indirectly arising out of, under or in connection with these Terms.
At WONDROS’s sole discretion and election, we may require you to refer any Disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Arbitration Rules of the AAA (“AAA Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. In such event, the seat and venue of such arbitration shall be Los Angeles, California, USA the Arbitration panel shall consist of a single arbitrator, and the language of the arbitration shall be English.
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that (a) there shall be no presumption that any ambiguity in these Terms should be construed in favor of or against any party solely as a result of such party’s actual or alleged role in the drafting of these Terms, and (b) the provisions of these Terms and all documents entered into pursuant to these Terms are fair and reasonable.
No waiver by WONDROS or any term or condition set out in these Terms 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 WONDROS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term, clause, or provision of these Terms is held invalid and unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clauses, or provisions of these Terms.
You, third parties, and we are all independent parties with respect to each other. These Terms not mean an agency or partnership between us and you or any third party. It also does not constitute a joint venture, or an employment relationship. You agree that WONDROS has no special relationship with or beneficiary duty to you. No parties to these Terms (including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties to these Terms may become involved in a situation that results in obligation or liability of any other agreeing party.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and WONDROS regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website Services. These Terms, and our Privacy Policy, constitute the sole and entire agreement between you and WONDROS regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.