Terms of Use

By registering to use and access the Waldo Photos, Inc. (“Waldo”) website located at waldo.photos, the Waldo biometrics search and photo matching service, including facial recognition, and the Waldo mobile device application (“App”) (together, the "Service"), you are agreeing to be bound by these Terms of Use (the “Terms”). The Terms and our Privacy Policy (waldo.photos/terms) govern your use of our Service. Please read these Terms carefully. Unless you opt out of arbitration in accordance with the instructions below within 30 days of first agreeing to these Terms, you are agreeing that we will resolve certain disputes between us in binding arbitration on an individual basis rather than in jury trials or class actions.

If you do not agree with any of these terms, you are prohibited from using or accessing the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Privacy Policy

Please refer to our Privacy Policy below and at waldo.photos/terms#privacy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

Facial Recognition Technology

You agree that we may use facial recognition technology to allow us to identify photos on the Service in which you appear when you add a selfie photo to the Service. For example, our facial recognition technology will compare your selfie with albums of photos to locate photos of you. In addition, your responses to potential photo matches may improve the accuracy of the facial recognition technology. By using the Service and adding a selfie, you consent to the use of facial recognition technology to identify photos on the Service in which you appear. You represent that the selfie photo added by you to the Service is you and that you are not impersonating or misrepresenting yourself as any other person or entity. For more information on our use of facial recognition technology, please see our Privacy Policy.

Changes to Terms or Service

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Who May Use the Service

Eligibility

You may use the Service only if you are 13 years of age or older and are not barred from using the Service under applicable law.

Registration and Your Information

If you want to use certain features of the Service you’ll have to create an account (“Account”).

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Twilio Short & Long Code Terms of Service

  1. When you provide your phone number opt-in to the service, we will send you an SMS message to confirm your signup.

  2. By providing your phone number, you agree that we may send you SMS messages in response to SMS messages you send to us, such as when you send a selfie or code to us by SMS. In addition, by registering to use the service, you agree to receive SMS messages sent using an automatic telephone dialing system to inform you of opportunities to join or create albums relevant to you, receive matching photos or links to them based on a code you sent us, your location and proximity to photos taken or invitations from other users of the Service

  3. You can cancel the SMS service at any time. Just text "STOP" to (512)337-4563. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

  4. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

  5. If at any time you forget what keywords are supported, just text "HELP" to (512)337-4563. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

  6. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

  7. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive periodic messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to info@waldo.photos.com.

Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at feedback@waldophotos.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (a) “Content” means text, graphics, photos (including selfies), data (including feedback on proposed photo matches), images, music, software, audio, video, works of authorship of any kind, personally identifiable information, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Service. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Waldo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Waldo and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

Rights in User Content Granted by You

By making any User Content available through the Service you hereby grant to Waldo a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating, marketing, and providing the Service.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Waldo on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Waldo

Subject to your compliance with these Terms, Waldo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, print, and display one copy of the Content solely in connection with your permitted use of the Service and solely for your personal, non-commercial purposes.

Fees and Payments

Fees for Services

You agree to pay Waldo any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your [account management] page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Subscriptions

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online [account management] page**,** or by contacting us at info@waldophotos.com**.** You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

Taxes

Unless otherwise stated, you are responsible for any taxes or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Waldo for the Services without any reduction for Taxes. If Waldo is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Waldo with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to Waldo, you must provide Waldo with an official tax receipt or other appropriate documentation to support such payments. If you use the Services to sell photographs or other services and are obligated, or elect, to collect Taxes from customers, including sales and use tax, on the Waldo platform you are responsible for all requirements, including registration, filing and remittance to all applicable taxing authorities.

Price Changes

Waldo may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Waldo will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

Overage Fees

For Services with attendee limits, if the number of users which join an album exceed the limit for the Service initially purchased, Waldo will bill you, and you will owe, the amount for the appropriate package in which the total users who joined the album does not exceed the package attendee limit (“Overage fees”). The amount paid for the Service initially purchased will be credited against the cost of the appropriate package. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.

Rights and Terms for Apps

Rights in App Granted by Waldo

Subject to your compliance with these Terms, Waldo grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Waldo reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms are concluded between you and Waldo, and not with App Provider, and that, as between Waldo and the App Provider, Waldo is solely responsible for the App.

  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.

  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Waldo.

  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Waldo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

  • You must also comply with all applicable third-party terms of service when using the App.

  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.

General Prohibitions and Waldo’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

  • Use, display, mirror or frame the Service or any individual element within the Service, Waldo’s name, any Waldo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Waldo’s express written consent;

  • Access, tamper with, or use non-public areas of the Service, Waldo’s computer systems, or the technical delivery systems of Waldo’s providers;

  • Attempt to probe, scan or test the vulnerability of any Waldo system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Waldo or any of Waldo’s providers or any other third party (including another user) to protect the Service or Content;

  • Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Waldo or other generally available third-party web browsers;

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a Waldo trademark, logo URL or product name without Waldo’s express written consent;

  • Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

  • Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity; specifically, you shall not submit a selfie which is not you and if you are a parent or legal guardian of a minor and choose to add selfies or photos in the Child Profile section of the app you shall only add faces which are your minor children or minors for whom you are their parent or legal guardian;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Waldo respects copyright law and expects its users to do the same. It is Waldo’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Waldo’s Copyright Policy for further information.

Termination

We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at feedback@waldophotos.com. Upon any termination, discontinuation or cancellation of the Service or your Account, the following provisions will survive: Feedback, Rights in User Content Granted by You, General Prohibitions and Waldo’s Enforcement Rights, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, and Dispute Resolution

Warranty Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WALDO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Further, Waldo does not warrant that the Service will meet your requirements or be available on an uninterrupted, secure or error-free basis. Waldo makes no warranty concerning the quality, accuracy, timeliness, truthfulness, completeness, likely results, or reliability of the Service or Content.

Indemnity

You will indemnify and hold harmless Waldo and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Service or Content, (b) your User Content, or (c) your violation of these Terms.

Limitation of Liability

IN NO EVENT SHALL WALDO OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOST PROFITS, COMPUTER DAMAGE, SERVICE INTERRUPTION, SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WALDO HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WALDO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WALDO FOR USE OF THE SERVICE

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALDO AND YOU.

Links to Third Party Websites or Resources

The Service and App may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. Waldo has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Waldo of the site. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

Mobile and Other Devices

Waldo currently provides our App and Service for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your Account information on Waldo within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Dispute Resolution

Governing Law

Interpretation of these Terms and any claim relating thereto shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. This Dispute Resolution section shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Agreement to Arbitrate

You and Waldo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (b), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Waldo with written notice of your desire to do so by email at feedback@waldophotos.com or regular mail at 1317 Rosewood Avenue, Austin, TX 78702 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Waldo with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Waldo with an Arbitration Opt-out Notice, will be the state and federal courts located in the Western District of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Waldo with an Arbitration Opt-out Notice, you acknowledge and agree that you and Waldo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action, representative, or private attorney general proceeding. Further, unless both you and Waldo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class, representative, or private attorney general proceeding. In addition, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and cannot award relief that would affect other users. If this specific limitation on class, representative, private attorney general, or non-individualized declaratory and injunctive relief is held unenforceable as to a particular claim for relief, then that particular claim (and only that claim) shall be severed from arbitration and resolved in court. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator will decide all issues, except that issues regarding the arbitrability of claims, including disputes over the interpretation or enforceability of the limitation on class, representative, private attorney general, or non-individualized declaratory and injunctive relief, shall be for the court to decide.

Arbitration Location and Procedure

Unless you and Waldo otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Waldo submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Waldo will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless the arbitrator determines that either the substance of your claim or the relief sought in your Demand for Arbitration is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for relief does not exceed $75,000 in value, Waldo will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification” section above, if Waldo changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@waldophotos.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Waldo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Waldo in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Waldo and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Waldo and you regarding the Service and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Waldo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Waldo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Waldo under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waldo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Waldo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, and disclose information that we receive through our Service. The Waldo Photos, Inc. (“Waldo,” "us," "we," or "our") website available at waldo.photos, the Waldo mobile device application (the “App”) and the Waldo photo finding service (together, the “Service”) are owned and operated by Waldo. This Privacy Policy does not apply to any third party websites, services or applications, even if they are accessible through our Service. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

User Consent

By accessing or otherwise using the Service, you agree to the terms and conditions of this Privacy Policy and the associated Terms of Service (set forth on waldo.photos/terms#privacy) you expressly consent to the processing of your Personal Information (as defined below) and Anonymous Information (as defined below) according to this Privacy Policy.

Your Personal Information may be processed by us in the country where it was collected and transferred to, and maintained on, computers located outside of your state, province, country (including the United States), or other governmental jurisdiction where privacy laws regarding processing of Personal Information may be less stringent than the laws in your country. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.

Regarding Children

Children under the age of 13 are not permitted to use the Service and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user's Personal Information from our databases. We recommend that children between the ages of 13 and 18 obtain their parent's permission before submitting information over the internet. By using the Service, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents' permission to use the Service.

Collection and Use of Information

Our Service is designed to help you more easily identify photos of yourself, to share those photos with other users, and to connect and share photos with friends and other users. You are in control of what information you share with the Service and nothing you provide is automatically shared with others unless you tell Waldo via your settings to send photos to other users without your review. We provide you with settings to allow you to control your level of approval for your photos, and if you no longer want to be identified in a certain photo you can simply untag it.

Our primary goals in collecting information are to provide and improve our Service, to administer your use of the Service (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Service.

Personal Information

In general, we collect information that can be used to identify you, such as your name, email address, and phone number (“Personal Information”) that you submit to us voluntarily through the Service, including Personal information that you submit in the process of creating or editing your Account and user profile on the Service. For example, our registration and login process requires you to provide us with your name, mobile phone number, valid email address and password of your choice.

When you personalize your profile and use the features of the Service, we will collect any Personal Information you voluntarily provide, and we may also request optional non-personal information to support your use of the Service, such as your year of birth, gender and other demographic information. We refer to such information as “Anonymous Information” because it cannot be used by itself to identify you and therefore is not Personal Information. We collect information in the form of the User Content that you submit during your use of the Service, such as photos, comments, ratings and other information you choose to submit.

We also collect the information you provide when you use the Service. This can include information in or about the User Content you provide, such as the location of a photo or the date a file was created. If you connect to us from a social network, we also will be able to access and collect Personal Information about you and your friends that your privacy settings on the social network permit us to access. For instance, we may collect your user ID or profile information that you have permitted to be displayed through the Service in order to display you as a friend or in association with your profile and collections.

When you order our for fee products or services, you will need to submit Personal Information such as your credit card number, postal address, or other payment information so that our service providers can process your payment for those products and services. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and all related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Waldo community.

Use of Facial Recognition Technology

When you add a selfie photo to the Service, we will use facial recognition technology to allow us to identify other photos on the Service in which you appear. For example, our facial recognition technology will compare your selfie with albums of photos to locate photos of you. In addition, your responses to potential photo matches may improve the accuracy of the facial recognition and matching technology.

We do not sell, trade, or rent any Personal Information derived from our use of facial recognition technology, however we may share this information with third-party service providers who work on our behalf to administer and provide certain components or features of the Service, such as to create biometric identifiers.

By using the Service and adding a selfie, you consent to the use of facial recognition technology to identify photos on the Service in which you appear. You represent that the selfie photo added by you to the Service is you and that you are not impersonating or misrepresenting yourself as any other person or entity. You may only use the Service on behalf of another individual if you are the parent or legal guardian of a minor child and you shall only add selfies or photos of minor children for whom you are their parent or legal guardian.

We will retain and store Personal Information derived from the facial recognition technology for as long as you have an active Account on the Service. Personal Information derived from facial recognition technology will be deleted or destroyed through a secure manner. If you are a parent or guardian and believe that we might have inadvertently collected any personal information from your child under the age of 13 through the Service, please contact us at info@waldo.photos.com to request that information be deleted or destroyed.

As detailed below, we use a variety of reasonable, industry-standard security technologies and administrative, physical, and electronic procedures to help protect your Personal Information, including information derived from our use of facial recognition technology, from unauthorized access, use, or disclosure.

Device Information

We collect information from and about the computers, phones, or other devices where you install or access the Service, depending on the permissions you have granted. We may associate the information we collect from your different devices to provide a better or more consistent experience. Information we may collect includes device identifiers, user settings, and the operating system of your device, as well as information about your use of our Service.

Location Information

When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Service for you, such as to identify photos of you near a particular location. If you do not want us to collect location information, you may disable that feature on your mobile device. However, if you disable the location services feature on your mobile device after using the App, we cannot remove any historic location data unless you delete your Account.

Personal Information from Other Sources

We may receive Personal Information about you from other sources with which you have registered, companies with whom we have partnered with or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and E-mail Addresses

If you send an e-mail to us, or fill out our "Feedback" form through the Service, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through the Service or the social network from which you have connected to the Service (such as in an invitation, or when sharing your content). Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address to contact you, for things such as notifications of limited edition shop sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.

Information Collected Automatically

As you use the Service, certain information about how a person uses our Service may also be passively collected and stored on our or our service providers' server logs, including your Internet protocol address, browser type, and operating system. We also use navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the Service you clicked. This type of information is collected to administer the Service, to make the Service more useful to you, to tailor your experience with the Service to meet your special interests and needs, and to analyze (and have third parties analyze) the information to improve, customize and enhance our Service.

An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access the Service to assist with ad targeting.

"Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to tell us how and when you interact with our Services, to monitor aggregate usage and web traffic routing on our Service, to improve our Service, and to provide you with a more personal and interactive experience with the Service. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our Service, your web browser must accept Cookies. If you choose to disable Cookies, some aspects or features of the Service may not work properly, and you will not be able to receive our Service.

We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on the Service. These advertisers and ad servers may use Cookies and/or "Web Beacons" (which are usually small, transparent graphic images). Web Beacons are used in order to deliver or communicate Cookies, to track and measure the performance of our Service, to monitor how many visitors view our Service, and to monitor information related to the effectiveness of served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy covers only our use of Cookies and Web Beacons and does not cover the use of Cookies, Web Beacons, and other privacy practices of any advertisers or ad servers.

Use and Disclosure of Information

Except as otherwise stated in this Privacy Policy, we do not generally sell, trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so.

In general, Personal Information you submit to us is used by us to provide you access to the Service, to improve the Service, to better tailor the features, performance, and support of the Service and to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request. Additionally, we do share your content preferences and other information with the social network from which you have connected to the Service, along with those companies and persons you have asked us to share your information with.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to administer and provide some of the services and features of the Service and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), quality control (such as manually or mechanically comparing selfies with photo matches to determine the accuracy of matches), creating biometric identifiers and providing customer service. We require our third-party service providers to promise not to use such information except as necessary to provide the relevant services to us and not to disclose or use your Personal Information for any other purpose. We may also share aggregated information and Anonymous Information with third parties for research and analysis, demographic profiling and other similar purposes.

We may share some or all of your Personal Information with our third-party partners, those with whom we have a co-branding or promotional relationship, or other third-parties about whom you are otherwise notified and do not request to opt out of such sharing. This Privacy Policy does not cover the use of your Person Information by such third-parties. We do not maintain responsibility for the manner in which third parties, including, without limitation, social networks, other partners and advertisers, use or further disclose Personal Information collected from you in accordance with this Privacy Policy, after we have disclosed such information to those third parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Policy, you may not use the Service.

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control, we may in the future, and we may share some or all of your Personal Information with these companies, in which case we will require them to honor this Privacy Policy.

Information that we collect from our users, including Personal Information, is considered a business asset. In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy.

We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose your Personal Information to government or law enforcement officials or private parties if we believe in good faith that such disclosure is necessary or appropriate to (a) comply with relevant laws and to stop any activity that we consider illegal, unethical, or legally actionable activity; (b) to respond to claims, subpoenas or warrants served on us; or (c) to protect and defend our rights, property, and safety and the rights, property, and safety or you or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.

The Ability of others to View your Information

Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use the Service, certain information you post or provide through the Service, such as your name, profile, comments, posts and ratings, may be shared with other users and posted on publicly available portions of the Service, including without limitation, chat rooms, bulletin and message boards, along with other public forums. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through the Service, this information may become publicly available and may be collected and used by others, including people outside the Waldo community. We will not have any obligations with respect to any information that you post to parts of the Service available to others, and recommend that you use caution when giving out Personal Information to others in public forums online or otherwise. We also share the information you publish with other third parties as set forth in this Privacy Policy.

Responding to Do Not Track Signals

Our website does not have the capability to respond to “Do Not Track” signals received from various web browsers.

Third Party Sites and Advertising

The Service may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. Any information that you provide on or to a third party website or that is collected by a third party service is provided directly to the owner or operator of the third party website or service and is subject to the owner’s or operator’s privacy policy. We encourage our users to read the privacy statements of each and every website they visit and service they use. This Privacy Policy applies solely to information collected by us through the Service and does not apply to these third-party websites. The ability to access information of third-parties from the Service, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use, and sharing of your Personal Information. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Service.

We may periodically send you free newsletters and e-mails that directly promote our Service. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly (please see contact information below).

Despite your indicated email preferences, we may send you administrative emails regarding the Service, including, for example, administrative confirmations, notices of updates to our Privacy Policy or Terms of Service, and information about billing if we choose to provide such notices to you in this manner. You will not be able to opt out of those communications.

You may change any of your profile information, including any Personal Information associated with your Account, by editing it in the profile settings page. You may request deletion of your Personal Information and Account by contacting us at info@waldo.photos.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). If you request deletion of your Account, we will delete photos you added to the Service, as well as information derived from facial recognition technology from the selfie that you added. When we delete Personal Information, it will be deleted from the active database, but it may remain in our archives.

Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). If you provide Feedback to us, we may use and disclose such Feedback for any purpose, provided we do not associate such Feedback with your Personal Information. We will collect any information contained in such Feedback and will treat the Personal Information in it in accordance with this Privacy Policy. We may use Feedback for marketing purposes or to add to or modify our Service without paying any royalties or other compensation to you.

Security

We are committed to protecting the security of your Personal Information. We use a variety of reasonable, industry-standard security technologies and administrative, physical, and electronic procedures to help protect your Personal Information from unauthorized access, use, or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information. Accordingly, we cannot guarantee the absolute security of any information.

Contact and Revisions

Any information that is collected via our Service is covered by the Privacy Policy in effect at the time such information is collected. This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we collect, use, or disclose your Personal Information, we will post an alert on this page and we’ll update the “Last Updated Date” above to indicate when those changes will become effective. If you object to any such changes, you must cease using the Service. Continued use of the Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

If you have any questions about these Terms or the Service or Privacy Policy, please contact Waldo at feedback@waldophotos.com or 1317 Rosewood Avenue, Austin, TX 78702.