Warranty Disclaimer, and
Software App License Agreement
What Data Do We Collect?
Third parties affiliated with Wonderiffic®, Inc. collect anonymous information in Apps and on App Websites. This data can include for example, anonymous usage data using Amplitude and/or Google Analytics and affiliate tracking via 3rd party URLs that are visited or images that are displayed. Wonderiffic® Apps support official Apple and Google push notifications for sending alerts to App users. Apple and Google supplied encrypted device token keys used for sending these notifications are stored on Wonderiffic® servers. Notifications can be disabled in your device's settings.
Third party advertising networks such as Admob (see http://www.google.com/policies/privacy//), Adcolony (http://privacy.adcolony.com/), MoPub (http://www.mopub.com/legal/mopub-ads-privacy-policy/), iAd (http://www.apple.com/privacy/) , Chartboost (https://help.chartboost.com/legal/privacy), and the Corona SDK (http://coronalabs.com/privacy-policy/privacy-policy-for-app-users/), may collect advertising tracking data. Examples of information collected by third party advertising networks may include device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number), geolocation data, cookies and anonymous identifiers.
How Do We Use Data?
With Whom Do We Share Our Data?
We share anonymous statistical data with Google and/or Amplitude Analytics or affiliate tracking via 3rd party URLs that are visited.
Usage of Mobile Phone Features
The use of any mobile phone features are fully disclosed, for example, clicking on a telephone number may allow you to make a phone call if desired, or enabling notifications will allow you to receive them. Access to any mobile phone hardware features will never be without the permission of the user. Users should note that phone numbers are usually in the United States, so international calling rates may apply if you are outside the United States and choose to call a phone number presented in one of the Apps.
Children Under 13
None of our Apps nor websites are intended to be used by Children Under 13. Wonderiffic®, Inc. does not market to children under 13, and we never knowingly ask a child under 13 to divulge personal information. You must be over 13 to use our Apps and/or Websites. If you are under the age of 13 you may not use this website or any of our Apps.
Links to Other Sites
Wonderiffic® is a registered trademark of Wonderiffic, Inc. Goldstar™ is a trademark of Goldstar Events, Inc. livingsocial™ is a trademark of livingsocial, Inc. Yelp® is a registered trademark of Yelp, Inc. Google® is a registered trademark of Google, Inc. ScoreBIg™ is a trademark of ScoreBig, Inc. Wonderiffic®, Inc. is affiliated with many corporations and entities who have the rights to information and images from many other corporations or entities which we are entitled to use. The trademarks, brands, names, images, and text included in our advertising or descriptions belong to their respective owners. The charges, if any, for any software App cover only the licensing of the software codes created by Wonderiffic®; the licensed content provided from third parties is never sold.
Promotions offered may not be endorsed, sponsored, or affiliated by merchants whos logos are pictured in the promotions. Such terms are registered trademarks of their respective owners. Trademark owners often do not own or endorse most promotions we link to and are not liable for any alleged or actual claims related to these promotions.
Some App sound effects are used courtesy of http://www.freesfx.co.uk
Notice of Privacy Rights to California Residents
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of personal information that we collect through our Site and the categories of third-party persons or entities with whom such personal information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request: (1) the categories of personal information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; (3) examples of the products marketed by those companies. California law further requires us to allow you to control who you do not want us to share the foregoing information with. To obtain this information, please send a request by email or standard mail at the address found below. When contacting us, please indicate your name, address, email address, and what personal information you do not want us to share. The request should be labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your personal information or requesting this notice.
We are very receptive to the resolution of any issue you may have. You can contact us at email@example.com. Our corporate mailing address is: Wonderiffic®, Inc. 2625 Main Street, Suite 500, Silicon Beach Santa Monica, CA 90405
App Stores do not provide Wonderiffic® with the ability to make customer refunds. Customers must contact the App Store where the App was purchased for the refund policy that applies to that particular App Store and to request a refund.
Complaint Assistance Unit
Division of Consumer Services
Department of Consumer Affairs
1625 North Market Blvd, Suite N 112
Sacramento, CA 95834
Some Wonderiffic® Apps require considerable amounts data to be loaded which require the use of WiFi or mobile data. Depending on the plan you have with your mobile carrier, you could incur excessive data charges. Mobile data can usually be disabled for a specific App in the settings on your mobile device. You should check with your mobile carrier vendor and determine how you will be charged for data usage. Wonderiffic® is not responsible for your data usage and you agree Wonderiffic® will not be responsible for excessive data charges that you may incur. You are responsible for any Internet connection, data or other fees assessed by your mobile carrier vendor to use Wonderiffic® Apps on your mobile device, including any data plan charges, out-of-area, roaming, or other mobile device connection charges.
Software App License Agreement
Many Wonderiffic®, Inc. ("Wonderiffic®") software programs ("App" or "Apps") are provided to you free of charge. Whether the App you select is free or paid, this is an agreement between you and Wonderiffic®. This License Agreement becomes effective upon the your use of any Wonderiffic® App. BY USING ANY WONDERIFFIC® APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
YOU FULLY UNDERSTAND THAT IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE YOU WILL NOT USE THE APP AND IF THE SOFTWARE WAS PAID FOR, YOU WILL REQUEST A REFUND THROUGH THE APPROPRIATE CHANNELS DEPENDING ON WHERE THE APP WAS OBTAINED.
Wonderiffic® has the right to terminate this License Agreement and your right to use Wonderiffic® Apps upon any material breach by you.
You agree to return to Wonderiffic®, or to delete from your device, or to destroy all copies of the Apps upon termination of the License.
This License Agreement is the entire and exclusive agreement between you and Wonderiffic® regarding these Apps. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between you and Wonderiffic® regarding Wonderiffic® Apps.
This License Agreement is governed by the law of California applicable to California contracts.
WONDERIFFIC® APPS ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. While we do our best to keep information in the Apps up-to-date, we cannot guarantee the accuracy of the data in the Apps. In addition, the functionality, suitability, and reliability of each App is not guaranteed in any way whatsoever.
You agree and fully understand that any and all Wonderiffic® Apps are provided to you under a limited nonexclusive license. Wonderiffic® remains the owner of all titles, rights, and interests in the Apps.
You may have rights which would not allow the following limitations, so they may not all apply to you.
WONDERIFFIC® APPS ARE PROVIDED "AS IS". YOU EXPRESSLY ACKNOWLEDGE AND FULLY AGREE THAT USING WONDERIFFIC® APPS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK IS WITH YOU. WONDERIFFIC® IS NOT LIABLE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR FROM YOUR USE OF ANY WONDERIFFIC® APPS.
You understand that Wonderiffic® Apps may not always provide you with accurate information. Wonderiffic® obtains information from many sources, some which may be unreliable or inaccurate. Wonderiffic® will not maintain the data in the Apps indefinately and the responsibility of determining the accuracy of any information in the Apps lies entirely with you. Wonderiffic® Apps may or may not be updated and certain Apps you are using may be updated while others will not be updated. You will not rely soley on the information provided in Wonderiffic® Apps to make your plans, you will verify all information with other sources unrelated to Wonderiffic®.
You understand that Wonderiffic® travel related Apps cannot be relied on fully for your travel plans. Wonderiffic® is not responsible for any plans that you've made using Apps that did not work out to your satisfaction. In one example, but not limited to this one example, Wonderiffic® would not be responsbible for incorrect addresses, locations, events that no longer exist, incorrect event times, lost or missing reservations, or the expenses related to unnecessary flights, hotels, meals, or any other travel expenses that were incurred by you as a result of making plans using Wonderiffic® Apps. There are many other examples of situations that could possibility not work out to your satisfaction and you fully understand that all information provided by the Apps should be checked by your own sources.
The goal of Wonderiffic® is to provide a variety of interesting information from a variety of different sources. While Apps might explicitly or implicitly imply that one recommendation is better than another recommendation, all recommendations in Wonderiffic® Apps have been selected for variety of reasons. They may suggest and refer you to venues, businesses, restaurants, shops, hotels, motels, clubs, or advertisers in regards to the theme of the App, for the purpose of paid and complimentary affiliate marketing. Please note that some recommendations or advertising in the Apps may be paid and some recommendations or advertising may be offered as a courtesy to associates, friends, or acquaintences of Wonderiffic®. You understand that all recommendations in both the content and explicit or implicit advertising is provided in Apps for entertainment purposes only and you agree that Wonderiffic® will not be held responsible in any way for any recommendation.
Wonderiffic® may offer a variety of products for sale through various Apps. You are aware that Wonderiffic® is an affiliate only and is not responsible for availability, fulfillment, delays, lost orders, cancellations, discrepencies, or customer service of any product ordered through any Wonderiffic® App. You should contact the merchant directly for all issues and support required for any product purchased. Wonderiffic® Apps open a browser window connecting you to merchant websites which allows you to know which merchant to contact with your questions regarding that merchant.
Some Apps are provided free and others have a charge. You understand certain Apps that are sometimes free at later times may have a charge, and apps that sometimes have a charge may at later times be free. You also understand any charges are for licensing the software codes created by Wonderiffic®; the licensed content from third parties provided inside the Apps is never sold and all rights belong to the respective rights holder. You understand that licenced content may be added, changed, or removed from Apps at any time. Wonderiffic® does not promise the continued availability of content in any app.
Photography, icons, illustrations, videos, and product images, in the Apps have all been obtained from licensed sources. All photography is for illustrative purposes only. Some event images are used with permission from Goldstar Events, Inc. Product images are used from affiliated merchants. The appearance of any person in any photo at any location does not indicate their affiliation, approval, or endorsement of that location, restaurant, store, venue, club, or business. In addition, the sexual orientation of any person appearing in any photo should absolutely not be assumed regardless of the nature, location, or focus of the business.
Some Apps incorporate API data obtained from providers including Google, Inc., Living Social, Yelp, Goldstar. In addition to the terms of this agreement, you are also bound by the terms of the respective provider(s) as well.
Google Terms of Service Policy
Living Social Terms and Conditions
Yelp Terms of Service
Goldstar Terms of Service
This Arbitration section sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court. As used in this Arbitration section, the term "Claim" means any claim, dispute, or controversy (whether in tort, contract, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Wonderiffic®, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Wonderiffic®") arising from or relating to the software, these Terms, their interpretation, or the breach, termination or validity thereof, the relationships which result (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories), Wonderiffic®'s advertising, or any related purchase. For the purposes of this Arbitration Provision, "you" and "us" and "Wonderiffic®" also includes any corporate parent, or wholly or majority-owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors, and representatives of any of the foregoing, and other persons referred to below in the definitions of "Claims." "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "Claim" also includes claims by or against any third party using or providing any product, service, or benefit in connection with our software or services if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) software or services or (b) advertisements. As used in this Arbitration section, "you" and "us" also include any corporate parent, wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, asignees and all agents, employees, directors and representatives of any of the foregoing, and other persons referred to above in the definition of "Claim." ANY CLAIM SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available at http://www.arb-forum.com, or at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and these Terms, these Terms shall control. The arbitration will be limited solely to the dispute or controversy between you and Wonderiffic®. NEITHER CUSTOMER NOR WONDERIFFIC® SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. At your written request, we will pay all fees up to $100.00 charged by the arbitration administrator for any Claim(s) asserted by you in the arbitration, after you have paid an amount equivalent to the fee, if any, for filing such Claim(s). If you are required to pay any fees in excess of $100.00 to the arbitration administrator ("additional fees"), we will consider a request by you to pay all or part of the additional fees. To the extent that we do not approve your request, the arbitrator will decide whether we or you will be responsible for paying any such additional fees. If the arbitrator issues an award in our favor, you will not be required to reimburse us for any of the fees we have previously paid to the administrator or for which we are responsible. Each party shall bear the expense of that party's attorneys', experts', and witness fees, regardless of which party prevails in the arbitration, unless applicable law and/or the User Agreement gives a party the right to recover any of those fees from the other party. If any Customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
Please see the additional disclaimers regarding the West Hollywood App on Wonderiffic®'s West Hollywood App website.