INFORMATION USAGE AND COLLECTION
INFORMATION YOU PROVIDE TO US
When you use our mobile application, a username will be randomly assigned to you that you may change or delete at any time. Your username is publicly displayed when you interact with the Services, such as when you post a whisper or send a chat message to another user. Please keep in mind that if your username contains your real name or is the same as how you identify yourself on other online services, people who see it may determine your identity. We may also ask you for, or you may choose to provide, additional information, such as age or gender, that will be associated with your Whisper account.
You may provide other information directly to us. For example, we may collect information when you fill out a form, update your account, interact with the Services, apply for a job at our company, communicate with us via third-party social media sites, request customer support or otherwise communicate with us.
OTHER INFORMATION WE COLLECT WHEN YOU USE THE SERVICES
Many features of the Services will not work unless you provide us with some information about your location. If you consent to the collection of location information (e.g. if you permit your mobile device to send us your latitude and longitude), we will collect and use this information both while you are directly using the Services and in the “background” (i.e. at times when you are not directly using the Services), so that we can tailor your interactions and experiences with the Services and to provide more relevant advertising to you on our Services and other websites and mobile applications. For example, we or our advertising partners may show you whispers from people around you or places you frequently visit, notifications of things happening around you in real time, or advertisements from businesses near your location. If you do not permit your mobile device to provide us with location information, or location information is not available from your device for technical reasons, we may use your IP address or information about the WiFi SSID from which you access the Services to determine an approximate geographic location for your device. For more details about how you may control the collection of location information, please see "Your Choices" below.
We collect information about your use of the Services, including access times, pages and whispers viewed, user and whisper interactions (e.g. hearts, flags and replies) and other information about your interactions with us, the Services and other users. We use this information to, among other things, personalize your experience, provide and improve the Services, and monitor and analyze use of the Services.
We collect information about the device you use to access our Services, which may include the hardware model, operating system and version, browser type and language, IP address, unique device identifiers and mobile network information. Among other things, we use this information to customize the Service for your device, to provide customer service and support, to deliver the products and services you request, to deliver notifications, for user safety, and for analytics and authentication.
Information Collected by Cookies and Other Tracking Technologies:
We collect information in our log files when you use the Services. This includes, among other things, your browser and device type, language, access times, pages viewed, your IP address, and the URL you visited before navigating to our websites. We use log information to provide, understand, and improve our Services.
When you use the Services, certain information may be shared with other users and the public.
- Any whisper posted to the Services is public and, as a result, others may be able to see your username at the time the whisper was posted, the text and image contents of your whisper and the geographic location in which you posted your whisper.
- When you use Whisper's chat messaging function to directly contact another user, the recipient of your chat message will see your username and the contents of your message. The recipient may also choose to disclose your chat messages to others.
- If you post any User Content to the Services, other Whisper users may be able to see certain information related to your location. For example, other users may be able to see whether you are or were within a certain proximity of their current location or if you frequent similar locations.
- If you invite others to try Whisper via SMS, email or otherwise, those individuals may see your name, phone number, email address or other contact information.
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Whisper or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among Whisper, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership;
- If we have a good faith belief that disclosing the information is necessary to comply with a law, regulation, legal process, or governmental request; and With your consent or at your direction.We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
SOCIAL SHARING FEATURES
ACCOUNT INFORMATION AND WHISPERS
Your whispers remain public so long as you or we do not delete them from the Services. You may choose to delete your individual whispers at any time, and we will then remove them from the Services. However, it is important to note that your deleted whispers may remain in storage in our systems for a limited period of time for legal, business, safety, or system backup reasons, and they may remain accessible in cached and archived pages of the Services or elsewhere if others have chosen to copy or save them. Search engines and other sites may also index and cache content on our Services. You may have to contact these thid-party sites or search engines directly to delete your cached information, subject to their policies and procedures.If you wish to delete your account, please contact us by using the “Email Support” link in settings from inside the application, but note that we may retain certain information as required by law, for legitimate business purposes or for the safety of Whisper (including its users) and others. We may also retain cached or archived copies of information about you for a certain period of time.
When you first download or open any of our mobile applications or access certain features of the Services, you will be asked to consent to the collection of location information from your mobile device or platform. If you consent to the collection of this information but later wish to withdraw your consent, you may do so at any time by either changing the settings on your mobile device or deleting our mobile application. For more information about disabling location information on your mobile device, please refer to our FAQs.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
WHERE INFORMATION IS PROCESSED
MediaLab is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
- MediaLab.AI , (“MediaLab” or “we”) provides the MediaLab website, mobile application, and other online products and services (we call these the "Services").
- If MediaLab makes changes to these Terms, we will provide notice by posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the changes.
AUDIENCE AND ACCOUNTS
You must be at least 13 years of age to use the Services or submit any information to MediaLab. If you are between 13 and 18 years of age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using the Services, you agree to: (a) maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others and restricting access to your account and your computer or mobile device; (b) promptly notify MediaLab if you discover or otherwise suspect any security breaches related to the Services; and (c) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You understand that you are responsible for all data charges you incur by using the Services.
The Services allow you and other users to create, post, send and store content, including messages, text, photos, and other materials (we call these "User Content"). You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates our Community Guidelines, which we may update from time to time. MediaLab has the right to delete or remove any User Content that we, in our sole discretion, view as in violation of these Terms or our Community Guidelines or for any other reason.
If you submit or post User Content to the Services, you grant MediaLab a nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with MediaLab’s marketing and promotional activities. You agree that this license includes the right for MediaLab to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services. You further grant MediaLab the right to publicly display your username in connection with User Content.
You understand that User Content may be displayed publicly. MediaLab does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content.
You may only post User Content that (a) is non-confidential; (b) you have all necessary rights to post to the Services; (c) is accurate and not misleading or harmful in any manner; and (d) does not and will not violate these Terms or any applicable law, rule or regulation.
You understand that when using the MediaLab Website, you will be exposed to User Submissions from a variety of sources, and that MediaLab is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MediaLab with respect thereto, and agree to indemnify and hold MediaLab, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
MediaLab permits you to link to materials on the Website for personal, non-commercial purposes only. MediaLab reserves the right to discontinue any aspect of the MediaLab Website at any time.
MediaLab is developed by MediaLab.AI Inc. and does not have any affiliation with the content providers. We reserve the right to change the source of manga without prior notice. MediaLab does not claim to own or create any of the manga, or their underlying content.
ACCEPTABLE USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk.
You further agree not to:
- Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
-Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
-Attempt to indicate that you have a relationship with MediaLab or that MediaLab has endorsed you or any products or services;
-Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages;
-Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
-Use or attempt to use another’s account without authorization from such user and MediaLab;
-Develop any third-party application that interacts with the Services without MediaLab’s prior written consent;
-Use any automated means or interface not provided by MediaLab to access the Services;
-Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates our Community Guidelines.
COPYRIGHT, TRADEMARK AND LIMITED LICENSE
ALL COPYRIGHTS AND TRADEMARKS NOT THE PROPERTY OF [MEDIALAB], INCLUDING BUT NOT LIMITED TO MANGA, CHARACTERS, TRANSLATIONS AND LOGOS THAT ARE USED OR REFERRED TO ON THE WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
The MediaLab logos and any other product or service name or slogan contained in the Services are trademarks of MediaLab and its suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the MediaLab logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of MediaLab or its licensors or users and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, MediaLab does not grant any express or implied right to use Service Materials.
You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.
The Services may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that MediaLab is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. MediaLab has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party. In addition, MediaLab will not and cannot censor or edit the content of any third-party site. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that MediaLab’s terms and policies no longer govern and that the terms and policies of those third party sites or services will then apply.
FEEDBACK AND OTHER SUBMISSIONS
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). You acknowledge and agree that Submissions are non-confidential and will become the sole property of MediaLab. You agree to execute any documentation required by MediaLab to confirm such assignment to MediaLab.
MediaLab respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify MediaLab’s Designated Agent.DMCA #: DMCA-1027409E-Mail: email@example.comPlease see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by MediaLab or the alleged infringer as the result of MediaLab’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
INTERACTIONS WITH OTHER USERS
MediaLab provides a platform for users to communicate and interact with one another. You are solely responsible for your interactions with others and MediaLab has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.
You agree to defend, indemnify and hold harmless MediaLab, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "MediaLab Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MEDIALAB. MEDIALAB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. MEDIALAB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MEDIALAB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MEDIALAB ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MEDIALAB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take any and all necessary precautions when interacting with other users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIALAB OR THE MEDIALAB PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR USER CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MEDIALAB’S RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDIALAB OR THE MEDIALAB PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MEDIALAB FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID EXPERTISE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
MODIFICATIONS TO THE SERVICES
MediaLab reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services, without prior notice. You agree that MediaLab will not be liable for any modification, suspension or discontinuance of the Services, or any part of the Services.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MEDIALAB AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MEDIALAB.
Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and MediaLab waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND MEDIALAB AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND MEDIALAB AND THAT YOU AND MEDIALAB WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
As limited by the Federal Arbitration Act, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and MediaLab agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to MediaLab must be sent to firstname.lastname@example.org.
APPLICABLE LAW AND VENUE
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration provision in Section 0 does not apply (if ever), you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
MediaLab reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
Questions or comments about the Services may be directed to MediaLab at email@example.com.