- Definitions
- Parties. "You" and "your" refer to you, as a user of the Application. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Application. "We," "us," and "our" refer to WythMe.
- Content. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Application, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Application. "WythMe Content" means Content that we create and make available in connection with the Application. "Third Party Content" means Content that originates from parties other than WythMe or its users, which is made available in connection with the Application. "Application Content" means all of the Content that is made available in connection with the Application, including Your Content, User Content, Third Party Content, and WythMe Content.
- Modifications to Terms of ServiceWe may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Application is governed by the Terms effective at the time of your access to or use of the Application. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Application prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Application after the effective date of modifications to the Terms indicates your acceptance of the modifications.
- Using the Application
- Eligibility. To access or use the Application, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Application if you are a competitor of ours or if we have previously banned you from the Application or closed your account.
- Permission to Use the Application. We grant you permission to use the Application subject to the restrictions in these Terms. Your use of the Application is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- Application Availability. The Application may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- User Accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Application. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with WythMe. Please read our Privacy Policy for more information.
- Communications from WythMe and other Users. By creating an account, you agree to receive certain communications in connection with the Application. For example, you might receive messages from other Users when they check into a participating location or send you a message. You will also receive our periodic emails, push notifications, alerts and messages that we deem relevant.
- Content
- Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by WythMe.You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- Our Right to Use Your Content We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Application and any Other Media the right to access Your Content in connection with their use of the Application and any Other Media. Finally, you irrevocably waive, and cause to be waived, against WythMe and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Ownership. As between you and WythMe, you own Your Content. We own the WythMe Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Application Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Application excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the WythMe Content and the Application, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the WythMe Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Application and the WythMe Content are retained by us.
- Advertising. WythMe and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- Content Feeds. We make some of the Application Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on WythMe's websites, and attributes WythMe as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that WythMe promotes or endorses any third party causes, ideas, websites, products or services, including Your Application, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden WythMe's systems. WythMe reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
- Other. User Content (including any that may have been created by users employed or contracted by WythMe) does not necessarily reflect the opinion of WythMe. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
- RestrictionsWe are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You agree not to, and will not assist, encourage, or enable others to use the Application to:
- Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Application for commercial purposes, except in connection with a Business Account and as expressly permitted by WythMe;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Application's search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
- You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Application or Application Content (other than Your Content), except as expressly authorized by WythMe;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Application or any Application Content;
- Reverse engineer any portion of the Application;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Application or on any materials printed or copied from the Application;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Application for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Application;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on WythMe's technology infrastructure or otherwise make excessive traffic demands of the Application;
- Attempt to gain unauthorized access to the Application, user accounts, computer systems or networks connected to the Application through hacking, password mining or any other means;
- Use the Application or any Application Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- Use any device, software or routine that interferes with the proper working of the Application, or otherwise attempt to interfere with the proper working of the Application;
- Use the Application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Application or Application Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of Application Content, or features that enforce limitations on the use of the Application.
- You agree not to, and will not assist, encourage, or enable others to use the Application to:
- Policies & Guidelines
- Privacy. You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Application outside of the United States, you consent to having your personal data transferred to and processed in the United States.
- Copyright And Trademark Disputes. If you believe your copyright or trademark is being infringed on the Application or if you believe your content should not have been removed from the Application for alleged copyright and/or trademark infringement, you may send us a message. We will respond to all such notices as needed and in compliance with all applicable laws. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
- Events. From time to time, WythMe sponsors events, parties, get togethers, and other activities ("WythMe Events") at participating locations and Users may submit and create events of their own ("Non-WythMe Events") through the Application.
- Qualifications. You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction) and (b) you have the requisite power and authority to enter into these Terms.
- Photos. WythMe and its sponsors and vendors sometimes take photos and videos at WythMe Events, and later use them for promotional purposes. By participating or attending any WythMe Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. If you take any photos or videos of attendees at a WythMe Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have also consented to such use.Non-WythMe Events and the people that organize those events are wholly out of the control of WythMe. Organizers or attendees of Non-WythMe Events may take photos or shoot videos in which you appear and then post them online (including, possibly, the Application). By checking into to a Non-WythMe Event through the Application, you authorize WythMe's use of such media for promotional purposes.
- Assumption of Risk. Although we try to create a safe environment at WythMe Events, accidents or other bad things may happen. To limit the possibility that you might get injured at a WythMe Event, you agree to behave in a thoughtful and respectful manner and to carefully consider the consequences of your actions and those activities in which you may engage.You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at a WythMe Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a WythMe Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other WythMe Event guests may be less responsible than you, and may themselves create additional risk to you despite their best intentions.You understand that your attendance and participation at WythMe Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.You agree that WythMe is not responsible for any injuries or accidents that you might sustain at Non-WythMe Events listed on the Application.
- Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue WythMe and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to , except, of course, for any gross negligence or willful misconduct on our part.
- WythMe Rewards.
- WythMe Rewards may only be earned through Users checking into participating establishments from within the physical premises of the establishment.
- WythMe reserves the right to remove or void check ins and any associated WythMe Rewards issued to a User if, in WythMe's sole discretion, the User earned the points in violation of these Terms, any applicable laws and regulations, or any other reason at WythMe's sole discretion. This includes, but is not limited to, check ins by Users that are not physically within the location's premises, creation of multiple user accounts for the purposes of checking in multiple times, or any other reason.
- WythMe Rewards have no cash value and may not be redeemed for cash.
- WythMe Rewards expire at the end of the reward period defined by the participating location, unless otherwise specified in the Application.
- WythMe Rewards are non-transferrable and non-refundable and may not be used at any location except the location from which they were issued.
- Once expired, WythMe Rewards cannot be returned or used.
- WythMe Points.
- WythMe Points may be earned by Users in a number of ways at indicated in the Application.
- WythMe reserves the right to alter the number of points awarded for any activities performed by Users, including but not limited to referring other Users
- WythMe reserves the right to suspend the issuance of any and all WythMe Points at WythMe's sole discretion without liability.
- WythMe reserves the right to remove or void WythMe Points issued to a User if, in WythMe's sole discretion, the User earned the points in violation of these Terms or any applicable laws and regulations.
- WythMe Points have no cash value and may not be redeemed for cash.
- WythMe Points expire at the end of the reward period defined by the participating location, unless otherwise specified in the Application.
- WythMe Points are non-transferrable and non-refundable.
- Once expired, WythMe Points cannot be returned or used.
- Suggestions & Ideas. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against WythMe and its users any claims and assertions of any moral rights contained in such Feedback.
- Third Parties. The Application may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.Some of the services made available through the Application may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
- Indemnity. You agree to indemnify, defend, and hold WythMe, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "WythMe Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Application, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Application, (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or (v) your attendance or conduct at any WythMe or Non-WythMe Event. WythMe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of WythMe. WythMe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE WYTHME ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE WYTHME ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE WYTHME ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE WYTHME ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.THE WYTHME ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE WYTHME ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.THE WYTHME ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE WYTHME ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. THE WYTHME ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE WYTHME ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. THE WYTHME ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- Choice of Law & Venue. Virginia law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and WythMe (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN FAIRFAX COUNTY, VIRGINIA.
- Termination. You may terminate the Terms at any time by closing your account, discontinuing your use of the Application, and providing WythMe with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.We may close your account, suspend your ability to use certain portions of the Application, and/or ban you altogether from the Application for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Application, Your Content, Application Content, or any other related information.In the event of any termination of these Terms, whether by you or us, Sections A, D-N will continue in full force and effect, including our right to use Your Content as detailed in Section D.
- General Terms.
- We reserve the right to modify, update, or discontinue the Application at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Application.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Application, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on WythMe's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with WythMe's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- You agree that you will not represent yourself as an employee, representative, or agent of WythMe unless you are actually employed by WythMe.
- We reserve the right to cancel any WythMe Event at any time, for any reason, and without liability or prejudice.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
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Terms of Service
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