Worbler

Last Updated November 6, 2024

These Terms of Use (the “Terms”) govern your use of and access to our websites, services, applications, products, and content (collectively, the “Services”). If you have entered into another agreement with us concerning specific Services, then the terms of that agreement control where it conflicts with the Terms. The Terms form a legally binding agreement between you and us. This agreement is solely between you and us, and no other third party, such as Apple, Inc., has any agreement or obligations related to your use of Worbler. Please take the time to read them carefully. If you are under 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. The Services are only for people 13 years old and over.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” include you and that business or entity; (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf; and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

We amend these Terms from time to time, for instance, when we update the functionality of our Services or when there are regulatory changes. We will generally use commercially reasonable efforts to notify all users of any material changes to these Terms; however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do disagree with the new Terms, you must stop accessing or using the Services.

1. Use of Services and Content

1.1 License. Subject to your compliance with the Terms and applicable law, you may access and use the Services that we make available and that you license from us.

1.2 Our Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights concerning the items in the Services. We reserve all rights not granted under the Terms.

1.3 Storage. If the applicable Services provide storage, we recommend regularly backing up your Content elsewhere. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your right to access the Services. At the end of this 30-day transition period, we reserve the right to delete your Content.

1.4 User-Generated Content. We may host user-generated content from our users. If you access our Services, you may encounter user-generated content that you find offensive or upsetting. Our sole remedy is to stop viewing the content.

2. Your Content

2.1 Content. “Content” means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Services in connection with or through your use of the Services. You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Content or restrict access to Content and Services if any of your Content is found to violate these Terms. We do not review all Content uploaded to the Services, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child sexual abuse material) or other abusive content or behavior.

2.2 Ownership. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.

2.3 Licenses to Your Content. Solely to operate or improve the Services, when you upload Content to the Services, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferrable license to use, reproduce, publicly display, distribute, modify (to better showcase your Content, for example), publicly perform, and translate the Content.

2.4 Sharing Your Content. Some Services may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content you Share.

2.5 Termination of License. You may revoke this license to your Content and terminate our rights anytime by removing your Content from the Services. However, some copies of your Content may be retained as part of our routine backups.

2.6 Feedback. You have no obligation to provide us with ideas, suggestions, proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us, however, then you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

3. Your Account

You are responsible for all activity that occurs via your account even if that activity is not yours or done without your knowledge or consent. Please notify us immediately if you become aware of any unauthorized account use. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally or (B) use another person’s account.

4. User Conduct

You must always comply with the Acceptable Use Policy available on our website. You must not misuse the Services. For example, you must "not":

(A) use the Services without, or in violation of, a written license or agreement with us;

(B) copy, modify, host, stream, sublicense, or resell the Services;

(C) enable or allow others to use the Services using your account information;

(D) offer, use, or permit the use of the Services in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;

(E) access or attempt to access the Services by any means other than the interface we provide or authorize;

(F) circumvent any access or use restrictions put into place to prevent certain uses of the Services;

(G) Share Content or otherwise engage in behavior that violates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;

(H) Share any Content that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful, or otherwise objectionable;

(I) Share any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public;

(J) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(K) attempt to disable, impair, or destroy the Services;

(L) upload, transmit, store, or make available any Content that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services;

(M) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);

(N) engage in chain letters, junk mail, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages;

(O) place an advertisement of any products or services in the Services except with our prior written approval;

(P) use any data mining or similar data gathering and extraction methods in connection with the Services, including data scraping for machine learning or other purposes;

(Q) artificially manipulate or disrupt the Services (such as driving users to third-party sites);

(R) create user accounts to violate these terms or circumvent account termination or other types of actions taken by us;

(S) manipulate or otherwise display the Services by using framing or similar navigational technology; or

(T) violate applicable law.

Any use of the Services above will result in the removal of your Content and Termination of your account within twenty-four (24) hours per Section 9 of this Agreement.

5. Fees and Payment

We charge fees for some Services. You must pay us all applicable fees and taxes concerning your use of such Services. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.

6. Your Warranty and Indemnification Obligations

6.1 Warranty. By uploading your Content to the Services, you agree that you "have" (A) all necessary licenses and permissions to use and Share your Content and (B) the rights necessary to grant the licenses in the Terms.

6.2 Indemnification. You indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our choosing. You will fully cooperate with us to defend any such claim, action, or matter.

7. Disclaimers of Warranties

7.1 The Services are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (A) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services will be effective, accurate, or reliable; (C) the quality of the Services will meet your expectations; (D) any errors or defects in the Services will be corrected; or (E) any third party has warranty obligations.

7.2 We expressly disclaim all liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that resulting from using and accessing any Services.

7.3 If you post your Content on our servers to publicly Share through the Services, we are not responsible "for" (A) any loss, corruption, or damage to your Content (B) the deletion of Content by anyone other than us or (C) the inclusion of your Content by third parties on other websites or in other media.

8. Limitation of Liability

8.1 We are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services.

8.2 Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $100 or (B) the aggregate amount that you paid for access to the Services during the three months preceding the event giving rise to the liability.

8.3 These limitations and exclusions in this section 8 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or failure of its essential purpose or (B) we knew or should have known about the possibility of damages.

8.4 These Terms set forth the entire liability of Pylon and its affiliates and your exclusive remedy with respect to access and use of the Services.

9. Termination

9.1 Termination by You. You may stop using the Services at any time. Terminating your account does not relieve you of any obligation to pay outstanding fees.

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9.3 Survival. Upon the expiration or termination of the Terms, some or all of the Services may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.

10. Dispute Resolution

10.1 Process. If you have any concerns or disputes, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. Claims related to the Terms or Services are permanently barred if not brought within one year of the event resulting in the claim.

10.2 Rules. The American Arbitration Association (AAA) will administer the arbitration including the AAA’s Supplementary Procedures for Consumer-Related Disputes if you are an individual. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

10.3 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11. Miscellaneous

11.1 English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.

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11.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means. You are responsibile for keeping your account information current so that you can receive notifications.

11.4 No Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.

11.5 Headings. Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.

11.6 Severability. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect.

11.7 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.

11.8 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to us) under the Terms if the delay or failure is due to unforeseen events that occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at a reasonable cost.

11.9 Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon the End-User's acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

12. DMCA

We respect the Intellectual Property Rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

13. Privacy

13.1 Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of our apps and websites, please refer to the Privacy Policy on our website.

13.2 Our Access to Your Content. Where permitted by law, we will only access, view, or listen to your Content in limited ways. For example, to perform the Services, we may need to access, view, or listen to your Content to (A) respond to Feedback or support requests; (B) detect, prevent, or otherwise address fraud, security, legal, or technical issues; and (C) enforce the Terms. Our automated systems may analyze your Content using machine learning techniques in order to improve our Services and the user experience.

13.3 Sensitive Personal Information. You agree not to collect, process, or store any Sensitive Personal Information using the Services. You agree not to transmit, disclose, or make available Sensitive Personal Information to us. “Sensitive Personal Information” means an individual’s financial information, sexual preferences, medical, or health information protected under any health data protection laws, biometric data (for purposes of uniquely identifying an individual), personal information of children protected under any child data protection laws (such as the personal information defined under the US Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws.

13.4 Transfer of Personal Information. We process and store information in the U.S. and other countries. Using our apps and websites, you agree that you authorize us to transfer your personal information across national borders and to other countries where we and our partners operate. For example, personal information collected from users in China will be exported outside of China.