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WeVolly - Terms of Use

Overview:

WeVolly is a platform that allows users to interact, create and share events, photos, comments and moments with other users for the greater good of humanity. Because of the dynamic and sometimes unpredictable nature of this interaction, we take policy and rules very seriously. WeVolly provides the medium for people to encourage and empower each other. In order to use our platform, you must agree to these terms.

WeVolly ("Website") is fully owned by Above The Median, LLC ("Owner"), a state of Florida registered Limited Liability Company. This is a social website that allows users to upload original content, create volunteering events, comment and vote on others media (including images and videos). Users can occasionally receive rewards from the Website for their participation. The terms and conditions contained in this agreement are subject to change at anytime at the discretion of the Website. Your use of the Website, signifies your agreement to these terms and conditions, including any changes thereto that may be posted from time-to-time on the Website.

Usage (Section 1):

1.1- Users of the Website must be at least 18 years of age. Minors are not allowed to create content on this site and the content will be removed once discovered. However, it is encouraged for parents and adults to bring young persons to events to participate in volunteering.

1.2- This site is secured with modern encryption algorithms. Do not attempt to thwart our system's security to gain unauthorized information or block access with unreasonable system load. You may be subject to permanent suspension upon the discovery of such intrusions.

1.3- Users of this site are required to enter their first and last name upon account creation. It is suggested to be truthful with your name as this is what others will refer you by. You are allowed to change your name once every 3 months after signup if you decide to do so. Do not enter a name that is commonly viewed as profane or obscene. Do not attempt to deceive other users with a deceitful name. Failure to comply with the requirement may lead to permanent suspension from the Website.

1.4- You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website, including without limitation your participation in or involvement with any event and your submission of acceptable public information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

1.5- The Website reserves the right to refuse use of the platform to anyone and to reject, cancel, interrupt, remove or suspend any user at any time for any reason without warning and without liability.

1.6- When you complete our registration process you will create a password that will enable you to access the Website. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that WeVolly cannot and will not be liable for any loss or damage arising from your failure to notify us.

1.7- You agree not to interfere with or disrupt the Website or networks connected to the website or through the use of our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding.

1.8- You acknowledge and agree that we may establish general practices and limits concerning the use of our platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your uploaded information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

1.9- We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website.

1.10- Monthly, a user will be selected to receive a reward from WeVolly. The winning user will be determined by a pseudo random algorithm where the probability of winning goes up with users' photos that have higher votes. Currently, all winners must be within the continental United States. Winning users will be contacting by WeVolly via an online post where we will request additional information from you. Failure to respond within 72 hours will result in another user being selected. Rewards will vary. Winners will be featured on the homepage for a period of days where other users can comment.

1.11- All uploaded content must be original work and cannot be in violation of Section 2. A general guideline for what is acceptable is to only upload content that you would be willing to take in public.

1.12- You, and not WeVolly, are entirely responsible for all of the content that you upload, post, email, transmit or otherwise make available via our website. We do not control your information or information of or posted by other users and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information or the information of or posted by other users. You agree that under no circumstances will WeVolly its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of your information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our platform, or for any failure to correct or remove information.

1.13- You are given the opportunity to deactivate your account where all your user data will be removed from our system. To initiate this deactivation you will need to do so on your settings page.

Disallowed Activities (Section 2):

2.1- The following activities can lead to permanent suspension from the platform without warning. Avoid using our platform to do the following: (This list is not all inclusive)

(a) Harm or intimidate another person in any way, including restricting or inhibiting any other user from using our platform;

(b) Harass or stalk other users;

(c) Collect or store personal data about other users;

(d) Impersonate any person or entity (including WeVolly, WeVolly staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device

(e) Post information or media that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another person's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any public Information or other material that may be considered hate speech;

(f) Post information or media that is obscene, pornographic or adult in nature;

(g) Post information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;

(h) Encouraging others to violate the terms of use;

(i) Violate (intentional or unintentional) this agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;

(j) Disclose the private information of any member without the permission of that member;

(k) Copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for your information), or create derivative works from our website (other than from your page), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of WeVolly or any other third party, except with the prior written consent of WeVolly;

Vollies (Section 3):

3.1- Vollies are public events created by users that foster volunteering and community development. Anyone can join a volly who is registered on the Website. We do not perform background checks. We do not supervise these vollies and are not involved in any way with the actions of any individuals at these vollies. As a result, we have no control over the identity or actions of the individuals who are present at these vollies, and we request that our users exercise caution and good judgment when attending these vollies.

3.2- Because we do not supervise or control the vollies or interactions among or between members of these vollies and other persons or companies, and because we are not involved in any way with physical transportation to or from specific volly locations or with the actions of any individuals at a volly, and because we cannot guarantee the true identity, age, nationality of the Website users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and volly hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the platform, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a volly event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

3.3- You agree to receive emails pertaining to the vollies that you sign up for and occasional emails from WeVolly site administrators. You can limit the information you receive through your settings page.

3.4- Vollies cannot be in private homes but can be in private businesses or establishments. Please be wary that any published information about vollies is public to all users.

Copyrights (Section 4)

4.1- WeVolly trademarks and service marks, and other WeVolly logos, products and service names, are trademarks of the Owner. Except as otherwise permitted by law, you agree not to display or use in any manner the WeVolly trademarks without WeVolly's prior written consent.

4.2- WeVolly respects the intellectual property of others, and we ask our users to do the same. To the extent WeVolly uses a trademark that is the property of a third party, WeVolly shall provide clear notice to anyone viewing WeVolly's use of that trademark that

(a) WeVolly does not own the trademark and that the trademark is the property of a third party,

(b) WeVolly has no affiliation, connection or association with that third party, and

(c) if applicable, that third party has not approved or sponsored WeVolly's use of the trademark in any way.

4.3- We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the site;

(d) Your address, telephone number, and email address;

(e) A 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;

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
11310 South Orange Blossom Trail, Suite 102
Orlando, FL 32837

4.4- We do not claim ownership of your uploaded content. We will use it only in accordance with our privacy policy. However, to enable us to use your uploaded content and to ensure we do not violate any rights you may have in it, you grant WeVolly a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights you have in your uploaded content, in any media now known or not currently known, with respect to your uploaded content.

Liability & Warranties (Section 5)

5.1- THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY.

5.2- EACH USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE WEBSITE, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO USE OF THE SERVICES, BREACH OF THESE TERMS OR VIOLATION OF ANY LAWS. THE WEBSITE MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH USERS HAVE AGREED TO INDEMNIFY THE WEBSITE AND EACH USER AGREES TO ASSIST AND COOPERATE WITH THE WEBSITE IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.

5.3- To the fullest extent permitted by law, in no event will WeVolly, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Website. In no event shall WeVolly's liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

5.4- You expressly agree that exclusive jurisdiction for any dispute with the Owner, or in any way relating to your membership or use of the Website, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving the Owner or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

5.5- For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "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." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

5.6- We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Website with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our platform.

5.7- Rewards are not guaranteed, promised, or come with any implied warranty. WeVolly will do its best to ship rewards. You agree to hold WeVolly harmless from any damages, harm or losses that result from the receiving or non-receiving of any rewards sent to you from us. This section applies fully to rewards.

Arbitration (Section 6)

6.1- All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and WeVolly are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

6.2- The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

6.3- If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

6.4- The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and WeVolly. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and WeVolly.

6.5- YOU AND WEVOLLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WeVolly are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and WeVolly over whether to vacate or enforce an arbitration award or otherwise, YOU AND WEVOLLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

6.6- ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 5.4.

6.7- No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

6.8- Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

6.9- This arbitration agreement will survive the termination of your relationship with WeVolly.

Privacy Policy
WeVolly is committed to being transparent about the information that it collects and holds on your behalf about you. This is a social site where you will choose to share information with those around you. By the nature of that, there are instances that we require us to save and transmit public information to others about you. We do not share more than what you give us to other users. Protecting your privacy is a serious matter and doing so is very important to us. Please read this Privacy Policy statement (the "Policy") to learn more about our Privacy Policy. This Policy describes the information we collect from you and what may happen to that information, and only applies to such information. This policy may change at anytime but we will make sure to let you know prior to proposed changes in most cases.

WeVolly consists of people in communities. You can choose to add or remove others from your community and request to join another person's community. Generally speaking, those that are in your community should be someone that you have met in person before adding them. Users can only see the profile pictures of those not in their community.

Information We Collect:

  • Upon signup, will store your full name, your email and a password of your choosing. We automatically approximate your position based on your IP address and store this information to better serve relevant information to you.
  • Cookies are used by the Website to track your session and keep you logged in. It is the most secure way to do so and the use of them is required to use the platform. Cookies can be persistently stored for your convenience so you do not need to log in each time you visit the page. Make sure to log out when using a public computer.
  • We ask for a small biography, your age range (using just your month and year of birth), your gender, and your location on your profile page. Your month and year of birth is not visible to any user except you. Other users in your community will see an age range (ie: 20-30 year old) when viewing your page and those outside your community cannot see anything.
  • Of the personal information obtained above, we only display your full name publicly. Other users may search for you (once they have signed in) by either full name or email. Your email is not visibly shown anywhere on the Website.
  • Your location is automatically populated to your profile when you register. You can choose to change this by editing your biography area. Only those in your community (that you have added yourself) can see your biography, location, age range and gender.
Information You Share With Us:
  • To use this website effectively, you will need to upload content to share with others. You can either choose to upload public photos or community photos when uploading pictures and videos. Community media (photos and videos) are only visible to those in your community and do not go towards getting votes. Public media are visible to any user of WeVolly and can be commented and/or voted on by any user of the Website. These types of media go towards earning a chance to getting a reward.
  • As a user, you can also create events that other users can join. We ask for an event name, date and time, a location name, address and a description for the event so that other users can be informed about the event. All this information is public to all users, and once one person joins the event, it cannot be deleted (but can be cancelled). Please keep that in mind before creating events.
  • As a user, you can also join events. Your attendance will be visible to all other users on the site unless you request that it be hidden from all other users except the host through your settings page.
  • Per allowance in Section 4, we may use your content on our homepage to promote the Website to users that have not signed in or signed up. What we share on the homepage is limited to photos posted from the previous day.
  • Your public events and your public media will be visible to users in your geographic area (based on your profile's location). They can comment and vote on your public media.
  • We do not sell your information to third parties.
Consent to Disclose:

You acknowledge and agree that WeVolly may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:
(a) comply with a current judicial proceeding, a court order or legal process served on us or our website;
(b) enforce this Agreement;
(c) respond to claims that Your Information violates the rights of third parties;
(d) protect the rights, property or personal safety of WeVolly, its employees, users and the public;
(e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement.
(f) We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.