Terms of Use

Last revised on September 4, 2016

Whereabouts, Inc. and its affiliates (“Whereabouts”, “Company” “our” or “we”) welcome you (“User” or “you”) to our proprietary geo-location-based application for mobile and other handheld devices (” Device(s)” and “App”, respectively).

  1. Acceptance of the Terms

By installing the App, and/or using or accessing the Services (as defined below), you acknowledge that you have read and understood the following Terms of Use and the terms of our Privacy Policy available at www.Whereabouts.today (the “Privacy Policy“) (collectively, the “Agreements “) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL THE APP, ENTER, CONNECT TO, ACCESS, OR USE THE APP AND/OR THE SERVICES IN ANY MANNER AND PROMPTLY ERASE THE APP AND ANY PART THEREOF, FROM YOUR MOBILE DEVICE AND DO NOT USE THE APP AND/OR THE SERVICES IN ANY MANNER WHATSOEVER.

THE SERVICE IS AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST THIRTEEN (13) YEARS OLD (SEE SECTION 5 BELOW).

  1. The App and the Services

Whereabouts provides its Users with a unique social media platform which enables sharing brief moments in the Users’ life with other Users around them. Users of the App can capture moments in videos or pictures, draw on the app, add a filter and share it with friends and other Users, all directly through the App ( “Moments“). The App further allows Users to follow other Users (such as celebrities, sport teams, bands, and friends), and to transform the Moments into conversations by commenting, liking, or down-voting posts (collectively, the “Services“). Moments are deleted by default after 24 hours from their initial posting

ALL MOMENTS POSTED THROUGH THE APP ARE PUBLIC.

Connecting to the Services

At this time, activation and use of the Services is free of charge. In order to activate the service you must provide your email address, username (at your own choice unless already taken) and password.

The App provides you with the ability to invite your friends and contacts to use the Services as well. When inviting friends, you will be requested to allow us to access your contact list via the App and send your invitation to the designated persons via either SMS, e-mail and/or as a Facebook message.

By using the App and the Service, You may be charged for internet, maintenance of network connections, and data usage charges made thorough use of the APP, including for the posting of Moments according to the applicable rates charged by your third party internet and data usage Service provider, as may be in effect from time to time. If you do not wish to bear such fees, costs and charges do not install or access the App.

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE SERVICES AND YOUR RELIANCE ON THE USER GENERATED CONTENT INCLUDING BUT NOT LIMITED TO MOMEMNTS FEATURED THEREIN.

IT IS YOUR RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING, SENDING, UPLOADING AND/OR TRANSMITTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND/OR MOMENTS OR ANY WORK OF AUTHORSHIP WHICH IS PART OF THE USER GENERATED CONTENT AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING THE SHARING, PUBLICATION OR MAKING AVAILABLE OF SUCH INFORMATION OR WORKS OF AUTHORSHIP (INCLUDING WITHOUT LIMITATION, PROVIDING COPYRIGHT ATTRIBUTIONS WHERE APPLICABLE). THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF ANY USER, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

YOUR USE OF THE SERVICES AND/OR THE USER GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. Use Restrictions

There are certain conducts which are strictly prohibited when using the App and/or Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your access to the App and/or the Services and may also expose you to civil and/or criminal liability.

Without derogating from anything herein, you shall not: (a) use the App and/or Services for any illegal, unlawful or unauthorized purposes; (b) allow access to your account to children under the age of 13. You hereby irrevocably accept full responsibility for any unauthorized use of the Services or any part thereof by minors; (c) interfere with or violate users’ rights to privacy and other rights, or harvest or collect data and information about users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access and retrieve, index and/or data-mine information; (d) impersonate any person or entity or provide false information on the App and/or Services, whether directly or indirectly; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your business and/or trade and/or any statement you make, or present false or inaccurate information about the Services and/or the services rendered by the Company from time to time; (f) copy, modify, alter, adapt, make available, translate, port, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Services or any part thereof; (g) make any improvements, enhancements, translation, derivative work(s) and/or other works relying or based on your use of the Services and/or any part thereof; (h) violate any applicable laws, rules or regulations in connection with your access or use of the App and/or Services; (i) remove, alter or obscure any proprietary notice (including any notice of copyright of trademarks) of Company or its affiliates, partners, suppliers or licensors of the App and/or Services; (j) use the App and/or Services for any revenue generating endeavor, commercial enterprise, or any other purpose for which it is not designed or intended without the Company’s express prior written consent; (k) use the App and/or Service for creating a product, services or software that is, directly or indirectly, competitive with or in any way substitute for any services, products or software offered by Company; (l) use the App and/or Services to send automated queries to any website or to send any unsolicited commercial e-mails; (m) transmit, distribute, display or otherwise make available through or in connection with the Services any content, including any User Generated Content (as defined below), which may infringe third party rights, including intellectual property rights, attribution, publicity, privacy and/or copyrights, or which may contain any unlawful content; (n) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services; (o) engage in any unwanted profane, offensive or obscene activity and more specifically you shall not use the App and/or Services to (i) defame, abuse, harass, stalk, threaten, embarrass or do anything else that is unwanted to another (ii) otherwise violate the legal rights of others (iii) use vulgar, profane, offensive or obscene content (iv) use libelous or hateful content (v) use racially, religiously or sexually offensive content (vi) post or request sexually explicit images or other offensive content (vii) exploit a minor in any way or (viii) request personal or other information from a minor (ix) share personal information of a minor, unless such sharing complies with all applicable law (x) display content that encourages conduct that would be considered a criminal offense or give rise to civil liability, violate any law, or is otherwise inappropriate or illegal (p) transmit or otherwise make available in connection with the App and/or Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful or disruptive, or invasive code or component; or (q) infringe or violate any of the Terms.

  1. License.

Subject to the Agreements, the Company hereby grants you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App on your authorized mobile phone, device, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Agreements, the applicable Usage Rules (defined below), any services agreement associated with your device and applicable law.

These Terms of Use do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Agreements. Nothing in the Agreements constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to the Company (“Feedback“), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any current or future products, technologies or services provided by the Company and use same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any current or future products, technologies or services that incorporate any Feedback.

If the Company supplies you with any updates, upgrades and any new versions of the App (“Updates“), it may include automatic updating or upgrading of the App, with or without any additional notice to you. You hereby permit the Company to deliver these Updates to you and install them automatically on your device, as part of your continued use of the Service. In the event that such Updates must be manually updated or upgraded by you, you will be required to download such Updates. If you do not follow the Company’s request to update the App and/or Service to the most current version, the Company may not be able to provide the App and/or Services to you. The Agreements will govern any such Updates, unless the Updates are accompanied by a separate written license agreement which will prevail, and all references herein to the App and/or the Service shall include such Updates.

Notwithstanding the foregoing, the Company has no obligation to provide support, maintenance, Upgrades, modifications, or new releases in connection with the App and/or Service.

  1. Minors.

To enjoy the App and the Service, you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the App and/or Service. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using our App and/or Service, we will prohibit and block such User from accessing the App and/or Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy at Whereabouts.today with regard to such User).

  1. Availability.

The Company does not warrant or guarantee that the App and/or Services will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. Please note that the App and/or Services may only be available for certain operating systems. The User may only download and use the App on a device running validly licensed copies of the operating systems on which the App were designed to operate. To be able to access and/or use the App and/or Services, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at her/him sole risk and expense.

  1. User Representations and Undertakings

7.1. As a condition for your use of the App and/or Services, you hereby represent and warrant that:

  • your acceptance of these Terms of Use does not and will not violate any other agreement by which you are bound or any law, rule, regulation, order or judgment to which you are subject;
  • Unless expressly permitted in writing by the Company, you will not use the App and/or the Services for transmitting commercials or advertisements.
  1. Intellectual Property Rights.

8.1. Rights to App and Service. You acknowledge and agree that the App and all copyrights, patents and patent applications, trademarks, trade names, domain names, copyrightable materials, graphics, text, designs (including the “look and feel” of the App and/or the Service), specifications, methods, procedures, algorithms, directories, queries, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, and other intellectual property rights associated therewith (whether or not registered, or capable of being registered) (collectively, “Intellectual Property”) are owned by and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable law and international conventions, and shall remain, the sole and exclusive property of the Company and its affiliates, licensors and suppliers (as applicable). Except as expressly stated in these Terms of Use, you are not granted any intellectual property rights in or to the App and/or the Services by implication, estoppels or other legal theory, and all rights not expressly granted to you hereunder are reserved and retained by Company and its licensors.

8.2. Company’s Marks. “Whereabouts” and all other proprietary identifiers used by the Company in connection with the App and the Services (“ Company Trademarks) are trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you irrevocably agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.

8.3. Restriction on Transfer. You may not rent, lease, lend, sublicense or transfer the App, this License or any of the rights granted hereunder. Any attempt to transfer in contravention of this provision shall be null and void and of no force or effect.

  1. User Generated Content.

9.1. The App allows you to link to, post, publish and make available through it, your own copyrightable materials such as your own proprietary Moments, texts, photos, graphics, images or other materials uploaded, downloaded or appearing on the services (collectively, the “ User Generated Content”). Please be sure that while you use the Services you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded through the use of the App and/or the Services.

9.2. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way.

9.3. You represent and warrant that you are the rightful owner of the User Generated Content you upload through the use of the Services and have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable the App to use your User Generated Content or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.

9.4. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Company to use or possess in connection with the App and/or the Services rendered by it from time to time (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent) (see section 3 for additional restrictions).

9.5. Although the Company has no obligation to screen, edit or monitor any of the User Generated Content, the Company explicitly reserves the right to remove any and all User Generated Content without a prior notice, at its sole discretion and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the App and/or the Service at your sole expense.

9.6. When you upload, post, publish or make available User Generated Content in the App or use such User Generated Content via the Company’s Services, you (i) grant the Company an irrevocable, perpetual, royalty-free, fully paid for, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public by use of databases, such as user suggestions databases, and perform that User Generated Content in connection with the App and/or the Services, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future; you agree that this license includes the right for the Company to make User Generated Content submitted to or through the Services available to other companies, organizations or individuals who partner with the Company such as celebrities, media and entertainment channels and other commercial companies for the syndication, broadcast, distribution or publication of such User Generated Content on the Services or on other media and services, subject to our terms and conditions for such User Generated Content use. Such additional uses by the Company, or other companies, organizations or individuals who partner with the Company, may be made with no compensation paid to you with respect to the User Generated Content that you submit, post, transmit or otherwise make available through the Services (ii) when you post User Generated Content you grant each Viewer a non-exclusive, non-commercial and royalty-free license to access your User Generated Content through the App and/or the Services in accordance with these Terms and to use, reproduce, distribute, transmit, display, make available to the public your User Generated Content, all under the terms set forth in the Agreements; In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.

  1. Privacy Policy.

The Company respects your privacy and is committed to protect the information you share with it. The Company believes that you have a right to know our practices regarding the information the Company collects when you connect to, access or use the App and/or the Services. Our policy and practices and the type of information collected are described in our Privacy Policy available at Whereabouts.today If you intend to connect to, access or use the App and/or the Services, you must first read and agree to the Privacy Policy.

  1. Special Provisions relating to Third Party Platform Provider Usage Rules

Since you may be downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“ Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Agreements and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc.

The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.

In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.

the Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

  1. Termination

12.1. At any time we may immediately (temporarily or permanently) limit, suspend or otherwise terminate, your account and your access to the App and/or the Services without notice. Without limiting the generality of the foregoing, we may terminate or suspend your account if we believe, in our sole discretion, that any of the following events occurred: (a) there is a threat to the security or integrity of your account, our network or our servers; (b) suspension or termination is needed to protect the rights, property or safety of the Company, its users or the public; (c) you have violated any of these Terms of Use; and/or (d) we are required to do so by law.

12.2. You may end your Agreements with the Company at any time by closing your account, uninstalling our App and stop your use of our Services.

12.3. Upon termination of your relationship with the Company: (i) the license and all other rights granted to you hereunder will automatically terminate; (ii) you must immediately cease all use of the App and the Services, delete and destroy all copies of the App in your possession or control (and certify such action to the Company, if required by it), and (ii) the provisions of these Terms of Use that, by their nature and content must survive the termination of your relationship with the Company in order to achieve the fundamental purposes of these Terms of Use shall survive such termination. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of your relationship with the Company.

12.4. Additionally, We may at any times, at our sole discretion, cease the operation of the App or the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the App’s operation and loss of any data, including User Generated Content.

  1. Direct Marketing

13.1. You hereby agree that we shall use your contact details for the purpose of informing you regarding products and services (offered by the Company and/or by third parties) which may interest you and to send to you advertisements and other marketing material, transmitted to the e-mail address or Facebook account you have provided.

13.2. You may withdraw your consent via sending a written notice to the Company by email to the following addresses: Whereabouts.today or on the same manner as the advertising was transmitted to you. It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable in connection thereof.

  1. Disclaimer and Warranties.

THE CONTENT, THE USER GENERATED CONTENT, THE SERVICES AVAILABLE AND/OR THE APP MAY INCLUDE ERRORS. the Company AND ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS) INCLUDING THE COMPANY’S AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (” COVERED PARTIES“) ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY THROUGH THE APP AND/OR THE SERVICES, OR FOR ANY LOSS OR DAMAGE THAT YOU OR ANY THIRD PARTY MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH ANY USER GENERATED CONTENT, NOR IS THE COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.

COVERED PARTIES CANNOT GUARANTEE THAT USER GENERATED CONTENT, INCLUDING THE MOMENTS, WHICH ARE UPLOADED USING THE SERVICES WILL BE STORED AND/OR DELETED. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY USER GENERATED CONTENT YOU POST OR STORE ON THE SITE AND/OR THE APP AT YOUR SOLE EXPENSE.

THE SERVICE, THE APP, THE USER GENERATED CONTENT INCLUDING THE VIDEOS UPLOADED USING THE SERVICES ARE ALL PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF SERVICE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

COVERED PARTIES DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE USER GENERATED CONTENT MADE AVAILABLE VIA THE APP AND/OR THE SERVICES.

COVERED PARTIES DO NOT WARRANT THAT THE OPERATION OF THE APP, AND/OR SERVICES ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY CONTENT AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE AND/OR APP.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP, THE SITE, THE USER GENERATED CONTENT, AND/OR THE SERVICE ARE ENTIRELY AT YOUR OWN RISK.

THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

  1. Limitation of Liability.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY PROVIDES AND OPERATES THE APP AND SERVICES AS A MERE VENUE AND FOR ENTERTAINMENT PURPOSES ONLY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS AND/OR DEFAMATORY RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE SERVICES, OR THE USE OR INABILITY TO USE THE SERVICES AND/OR ANY PART THEREOF (INCLUDING WITHOUT LIMITATION NON-OR ERRONEOUS DELIVERY OF MOMENTS OR OTHER USER GENERATED CONTENT ON OR VIA THE SERVICES), REGARDLESS OF WHETHER THE COMPANY OR A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF TWENTY US DOLLARS ($20). THE COMPANY HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY OF ANY OF THE INFORMATION, WHETHER PERSONAL OR OTHER, AND/OR VIDEO YOU HAVE MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP AND/OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE. OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Indemnification.

You agree to defend, indemnify and hold harmless the Company and the Covered Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use, misuse, of the App and/or the Services and/or any part thereof; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services, including without limitation, any unauthorized use of your Device and/or the Services and/or any part thereof. It is hereby clarified that this defense and indemnification obligation will survive any termination and/or expiration of this License.

  1. Export and the Location of the User

The App may be subject to export laws of the Israeli and/or may be subject to additional export laws applicable to the User or in the User’s jurisdiction. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.

In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.

  1. Copyright Agent and The Digital Millennium Copyright Act

The Company respects the intellectual property rights of others. However, the App includes many works generated by Users and information collected from the Internet. The Company cannot and does not monitor or review every item made available on or through the Services and/or any part thereof, including any and all User Generated Content and Intellectual Property Rights related thereto.

If you, as either User, software designer and/or third-party publisher, believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

The Company’s Copyright Agent can be reached through the following address:

287 hicks street, Brooklyn New York 11201

  1. Miscellaneous.

19.1. Governing Law. Any claim relating to the Services or use of the Services shall be governed by and interpreted in accordance with the laws of the State of New York, USA, without reference to its conflict-of-laws principles, and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not apply. Any dispute arising out of or related to your use of the Services shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of New York City, New York, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction,

19.2. Severability. If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.

19.3. Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent rights.

19.4. Modification or Amendment. the Company may at its sole discretion, change the Terms of Use from time to time, including the Privacy Policy or any other policies incorporated thereto, so please re-visit the Company’s Application Terms of Use website, located at the address Whereabouts.today frequently. In case of any material changes, we will make reasonable efforts to post a clear notice in the App and/or send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is earlier. Otherwise, all other changes to these Terms of Use are effective as of the stated “Last Revised“ date and your continued use of the Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms of Use should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

19.5. Assignment. You shall not assign this license or any rights or obligations herein without prior consent of Company and any attempted assignment in connection of this provision shall be null and void and of no force or effect. We may assign or transfer these Terms of Use or any rights hereunder without restriction, notification, or your consent.

19.6. No Partnership. These Terms of Use do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

19.7. Language. the parties agree that all correspondence relating to these Terms of Use shall be written in the English language.

19.8. Force Majeure. Whereabouts will not liable for any delay or failure to provide the App and/or Services resulting from circumstances or causes beyond its reasonable control (i.e. force majeure).

19.9. Entire Agreement. This License including the documents incorporated herein by reference constitutes the entire agreement with respect to the use of the App and/or Services and supersedes all prior or contemporaneous understanding regarding such subject matter.

  1. For Information, Questions or Notification of Errors, Please Contact:

If you have any questions (or comments) concerning the Agreements, you are most welcomed to send us an email at: support@Whereabouts.today, and we will make an effort to reply within a reasonable timeframe.