Privacy & Terms

Privacy

This WowPanel privacy policy (“Privacy Policy” or “Policy”) was published and made effective June 2012.

Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our WowPanel Terms of Service, accessible below. As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Advantage Inishgts LLC is the corporate name for WowPanel. In this Policy, we will refer to Advantage Insights LLC as “WowPanel”, “our”, “us” or “we.”

We take your privacy seriously. We are providing this Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information on our Service. We also want to inform you about your choices regarding information. If you have any questions or concerns, please let us know (see “How to contact us” section below).

Note that this Policy may be modified from time to time in our sole discretion, so check back frequently. We will notify you of any changes to the Policy by posting a new Policy and updating the “last modified” date at the top of this page.

1. How we collect information

We collect information in three basic ways:

a) We collect information that you voluntarily provide when you submit content to our our Service, and when you use certain aspects of our Service (e.g., entering an email address on a form to send us an email).
b) We collect information when you subscribe to our email newsletters and subscriptions.
c) When you browse or use our Service, technological tools including “Log Data” and “Cookies” collect certain information, as explained in the following section.

2. What information we collect and how we use it

Personal Information. When you submit content, we will ask you for certain information about you that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your name, gender, profile photo, free-form biography, location/hometown, website and email address.  We use your Personal Information (in some cases, in conjunction with your “Non-Identifying Information,” see below) to provide the Service to you.

Communications. We use your Personal Information to contact you with WowPanel newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings. (See “Your choices regarding information,” below.)

Customer service. We use your Personal Information to respond to your questions and/or inquiries.

Non-Identifying Information. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified or contacted. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences)

We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other WowPanel Users to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

Log Data. When you visit the Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Service, pages of our Service that you visit, the time spent on those pages, information you search for on our Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to better tailor our Service to our visitors’ needs. For example, some of this information is collected so that when you visit the Service again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Service meet the criteria required to process their requests.

Cookies. Like many online services, WowPanel uses “cookies” on our Service to collect information. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk. We use cookies for two purposes. First, we utilize “persistent” cookies to save your login information for future logins to the Service. Second, we utilize “session ID” cookies to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage by WowPanel Users and web traffic routing on the Service. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Service and then close your browser.

You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. (See “Your choices regarding information,” below.)

3. Sharing of your information

WowPanel Users. When you submit Personal Information to WowPanel, Users will see your Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with WowPanel Users. We recommend that you guard and refrain from disclosing any information you consider sensitive and confidential.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., maintenance services, database management, web analytics and improvement of the Service’s features) or to assist us in analyzing how our Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Social Networking Sites. We may share the information you submitted to WowPanel (including your Personal Information) with the SNSs that you have provided.These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and not for other purposes.

Compliance with Laws and Law Enforcement. WowPanel cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect the property and rights of WowPanel or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers. WowPanel may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in this Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.

4. Your choices regarding information

You have several choices regarding the use of information on our Service:

Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings

Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.

5. Links to other sites and services

Our Service contains links to other third-party websites and online services. If you choose to visit another website or online service by clicking on a link, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.

6. How we store and protect information

Information Security. We care about the security of your information. We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through the Service. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed by unauthorized persons.

Phishing. Identity theft and the practice currently known as “phishing” are of great concern to WowPanel. Safeguarding information to help protect you from identity theft is a top priority. We do not request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

Breach Notification. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Service in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer . Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, WowPanel transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

7. Our policy towards children’s information

This Service is not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@WowPanel.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

8. How to contact us

If you have any questions about this Policy or any of the practices described herein, please contact us at 72 North State Rd  #126 Briarcliff Manor, NY 10510 or send us an email at support@WowPanel.com.

 

Terms of Service

These Terms of Service took effect on June 5, 2012.

WowPanel is an online and mobile service that allows you to create online pinboards and organize and share beautiful things you find on the web. WowPanel lets you create your own visual collections or “boards,” and view and follow other boards, on WowPanel.com (the “Site”), on our application for mobile devices (the “Mobile Software”), and through third party applications. We call the services available on the Site, whether accessed directly, or through the Mobile Software or such third party applications, the “Service(s).”

The WowPanel Service is provided by Advantage Insights LLC, however, we will refer to our company and Service as “WowPanel” to keep things simple. Like all online services, we need to have a Terms of Service (“Terms”). Please read these Terms carefully, and email us at support@WowPanel.com if you have any questions. By accessing or using the WowPanel Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

1. Sharing Your Content

  • Your content. WowPanel allows you to pin and post content on the Service, including photos, comments, and other materials. Anything that you pin, post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.

  • How WowPanel and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-pin, modify (e.g., re-format), re-arrange, and distribute your User Content on WowPanel for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict WowPanel’s rights under separate licenses to User Content. Please remember that the WowPanel Service is a public platform, and that other Users may search for, see, use, and/or re-pin any User Content that you make publicly available through the Service.

  • How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account or your boards, WowPanel may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, WowPanel and other Users may retain and continue to display, reproduce, re-pin, modify, re-arrange, and distribute any of your User Content that other Users have re-pinned to their own boards or which you have posted to public or semi-public areas of the Service.

  • Your responsibility for your content:

  • To WowPanel and our community. WowPanel provides a creative and positive place for you to discover and share things you love. To keep it that way, we ask that you review and agree to abide by our Pin Etiquette. We must also insist that you only use our Service in a manner that is consistent with the WowPanel Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the WowPanel Acceptable Use Policy. Please — be a good citizen on WowPanel, and always respect our Service and its Users.

  • To third parties. WowPanel values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the WowPanel Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can pin or re-pin User Content on your boards.

  • Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.

  • Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make WowPanel more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place WowPanel under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, WowPanel does not waive any rights to use similar or related Feedback previously known to WowPanel, or developed by its employees, or obtained from sources other than you.

2. WowPanel Content

  • WowPanel Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“WowPanel Content”) are the property of WowPanel and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the WowPanel Content without our permission.

  • Our license to you. Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing WowPanel Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. WowPanel may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, WowPanel reserves all other rights and no other rights are granted by implication or otherwise.

3. Copyright Policy

  • WowPanel has adopted and implemented the WowPanel Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

4. Using WowPanel

  • Who can use WowPanel. You may use the Service only if you can form a binding contract with WowPanel, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the WowPanel community, the Service is not available to any Users previously removed from the Service by WowPanel.

  • WowPanel Submissions. Submitting content to WowPanel gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to WowPanel with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy above. You agree not to use user names or board titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your board at any time and for any reason in our sole discretion.
  • Changes to the Service. Here at WowPanel, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
  • Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users and the Comments you make. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WowPanel will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make WowPanel a positive and respectful community.

5. Privacy and Security

  • We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (above), and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, WowPanel cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

6. Third-party Links, Sites and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by WowPanel. WowPanel does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that WowPanel will have no liability arising from your use of or access to any third-party website, service, or content.

7. Indemnity

You agree to indemnify and hold harmless WowPanel and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or WowPanel Content, (ii) your User Content, or (iii) your breach of any of these Terms.

8. Disclaimers

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WowPanel SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WowPanel takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, WOWPANEL CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER WowPanel NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, WOWPANEL CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WOWPANEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL WOWPANEL’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR WOWPANEL CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WOWPANEL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in the United States. WowPanel makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

10. Arbitration and Governing Law:

For any dispute you have with WowPanel, you agree to first contact us at support@WowPanel.com and attempt to resolve the dispute with us informally. In the unlikely event that WowPanel has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and WowPanel agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that WowPanel will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WOWPANEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over WowPanel, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

11. General Terms

Notification Procedures and changes to these Terms. WowPanel may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by WowPanel in our sole discretion. WowPanel reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. WowPanel may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. WowPanel is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WowPanel without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Restricted Rights. If the Mobile Software, is being acquired on behalf of the United States Government, then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the Government, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
Export Control. Any software or technology obtained from WowPanel through the Service, including the Mobile Software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from WowPanel may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.

Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with WowPanel in connection with the Service, shall constitute the entire agreement between you and WowPanel concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WowPanel’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at support@WowPanel.com with any questions regarding these Terms.

 

Acceptable Use Policy

 

WowPanel provides a platform for inspiring fitness achievements. To keep the WowPanel running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.

You agree not to post Submit Content that:

  • creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;

  • may create a risk of any other loss or damage to any person or property;

  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

  • violates, or encourages any conduct that violates laws or regulations;

  • contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

  • infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

  • is fraudulent, false, misleading, or deceptive.

You agree not to engage in any of the following prohibited activities:

  • Use, display, mirror or frame the Service, any individual element within the Service, the WowPanel name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;

  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any WowPanel system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WowPanel or any of our providers or any other third party (including another user) to protect the Services or WowPanel Content;

  • Attempt to access or search the Services, User Content or WowPanel Content or scrape or download User Content or WowPanel Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WowPanel or other generally available third party web browsers;
  • Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
  • Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by WowPanel or in any manner not permitted by the Terms;

  • Use WowPanel user information to 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 Services 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 Services;

  • 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 Services;

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

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.

WowPanel reserves the right, but is not obligated, to remove any User Submitted Content for any reason or for no reason, including User Content that WowPanel believes violates this Acceptable Use Policy or its Terms of Service.