Terms of use

Welcome to Wiggle (the “Service” or “Wiggle”), operated by Wiggle (the “Company” or “we”). The Service is an online dating service. By accessing or using the Service you accept these Terms of Use (the “Terms”). You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them. We encourage you to carefully familiarize yourself with the Terms. Consequently, if you do not agree with the Terms, or do not understand them, please do not use the Service.

To withdraw your acceptance of the Terms, you must cease using the Service and unregister from your account. These Terms may be modified by us from time to time, such modifications to be effective upon posting by the Company in the Service.

You should also read the Wiggle Privacy Policy, which is incorporated by reference into these Terms and available in the Service.

Eligibility

No part of Wiggle is directed to persons under the age of 18. You must be at least 18 years of age to register to the Service. Your registration as a user of the Service is void where prohibited by law. You represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations.

Registration

In order to register as a user with Wiggle, you must sign in by using your Facebook login, VKontake login or login via email.For information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Term and Termination

This Agreement will remain in full force and effect while you use the Service and have a Wiggle account. You may disable your account at any time, for any reason, by unregistering and following the instructions in “Settings” in the Service.

We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Your Interactions with Other Users.

You are solely responsible for your interactions with other users. You understand that the company currently does not conduct criminal background checks or screenings on its users. You agree to take reasonable precautions in all interactions with other registered users of the service, particularly if you decide to meet offline or in person. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service, or about their true identity. You should not provide your financial information (for example, your credit card or bank account information) to other users of the service.

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the service or persons you meet through the service.

Proprietary Rights

All proprietary rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property rights in the Service will remain sole property of the Company. These Terms confer only the right to use the Service, while these Terms and the specified license(s) are in effect.

User Data

You are solely responsible for all information that you submit upon creation of your account and for any content, such as photographs, or profile text that is collected from your social media accounts such as Facebook or Foursquare and transmitted to the Service. You represent and warrant that the information or content is not inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal, or does not contain any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

If information provided to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

You acknowledge and agree that all information and content transmitted to the Service is at your sole responsibility. We disclaim any responsibility for the backup and/or retention of any information or content transmitted to the Service. By allowing the use of your social media data content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at [support@wigglenow.com].

Prohibited Activities

The following types of User Content are examples of User Content that is prohibited in the Service:

  • fake any person or entity.
  • solicit money from any users.
  • stalk or otherwise harass any person.
  • express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
  • use the Service in an illegal manner or to commit an illegal act
  • access the Service in a jurisdiction in which it is illegal or unauthorized;
  • ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service. 
  • interfere with or disrupt the Service or the servers or networks connected to the Service. 
  • “frame” or “mirror” any part of the Service, without the Company’s prior written authorization.
  • use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

Pricing

Wiggle is free application so there is no download fee. But company reserves the right to include in-app purchases for the use of additional features of the app.

User/Customer Service

You can contact us by email at support@wigglenow.com. The Company provides assistance and guidance through its customer care representatives. 

Modifications to Service

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement

If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at support@wigglenow.com. Your notice must include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
  2. a description of the copyrighted work that you claim has been infringed; 
  3. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a URL); 
  4. your address, telephone number and email address; 
  5. a written 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 
  6. 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.

The Company will terminate the accounts of repeat infringers.

Disclaimers

Your access to and use of the Service is at your own risk. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. To the maximum extent allowed by applicable law, the company provides the service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that the service will be uninterrupted or error free, secure or that any defects or errors in the service will be corrected.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. The company does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service. Under no circumstances will the company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the service, or transmitted to or by any users.

Links

The Service may contain links to websites or applications owned and/or operated by third parties. We are not responsible for any such third party websites or applications and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites/apps or their content. We have no responsibility of the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or applications you may access.

Limitation on Liability

To the fullest extent allowed by applicable law, in no event will the company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service while you have an account. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Indemnity by You

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

Waiver and Severability

Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

Disputes and Governing Law.

The laws of Finland, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Updated June 22th, 2015

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