Terms of Service

Last Updated on May 19th, 2019.

All terms and conditions are applied immediately to those registering accounts. These terms and conditions ("Terms") stipulate and govern your access and use to WeFoos.com ("Site") and its WePlayFoos® Perks Program rewards card. By registering for an account, accessing or using the Site, you agree to adhere to these Terms and agree to enter a legally binding contract with WeFoos LLC, a Phoenix, Arizona company ("WeFoos"). Refrain from using the Site if you are unwilling or unable to be bound by and comply with the Terms. 

  1. Definitions
    1. Parties - "you" and "your" refer to you as a user of the Site. A "member" is a person who registers for an account, accesses the Site, browses or otherwise navigates through, crawls or scrapes data, or in any way uses the Site. "we", "us", and "our" refers to WeFoos LLC, WeFoos.com, and our partners.
    2. "Content" - refers to any form of communication or data including but not limited to: text, images, photos, audio, video, location data, etc posted onto the Site. "Your Content" applies to Content you submit or transmit to, through, or in connection with the Site, such as comments, ratings, RSVP's, messages created, as well as all information you post to your account profile or for public display. "Member Content" refers to Content other than your own submitted to, transmitted to, through, or in connection with the Site. "WeFoos Content" refers to Content that we have created and made available in connection with the Site. "Third Party Content" refers to Content originating from parties other than WeFoos or its members, which is made available in connection with the Site. "Site Content" refers to all of the Content that is accessible with the Site, including Your Content, User Content, Third Party Content, and WeFoos Content.
  2. Changes to these Terms - At any time with our discretion we may modify these Terms, this page displaying the most current version. You acknowledge all Terms and conditions outlined herein govern your access and use of the Site. Notifications of changes to these Terms may be emailed to you as well as posted elsewhere on the Site. Please visit this page on occasion as revisions will be binding to you and your use of the Site. Once posted, all revisions to the Terms are effective immediately. You acknowledge and agree that your continued access to or use of the Site after the posted date of modification to the Terms indicates your agreement and acceptance of the Terms.
  3. Translation of these Terms - English is the default language of the Site. Should the Site be translated into other languages, the English version governs your relationship with WeFoos. Inconsistencies between translated versions will be resolved in favor of the English version. 
  4. Using the Site
    1. Eligibility - You must be 18 years of age or older to access or use the Site. 
    2. Permission to use the Site - Subject to any restrictions in these Terms, we grant you permission to use the Site. Using the site is at your own risk, including risk that you could be exposed to offensive, indecent, inaccurate, objectionable, immoral, or otherwise inappropriate Content.
    3. Site Availability - We may modify, interrupt, suspend, or discontinue the Site at any time without notice or liability. 
    4. User Accounts - In order to access some of the features within the Site you must create an account and provide certain identifying information about you. You are responsible for maintaining the confidentiality of your password as all activities occurring in connection with your account become your own. You agree to notify us immediately of any suspected unauthorized access or use of your account. We reserve the right to close you account at any time for any reason including no reason whatsoever. Your account is for your own personal, non-commercial use only. You may not impersonate another individual, create or use an account for someone other than yourself, provide an email address other than your own, or have multiple accounts regardless of why.
    5. Communications from WeFoos and other Site members - Creating an account requires acceptance of certain essential communications with WeFoos, e.g. changes to policies, account modifications, and overall site adjustments. You can opt-out of newsletter, email campaigns, text messages, and other non-essential communication subscriptions by contacting us.  
  5. Published Content
    1. Responsibilities for your content - Your Content is your sole responsibility that once published cannot always be removed from the Site. You assume all risks associated with Your Content including but not limited to anyone's interpretation or reliance on its accuracy or quality as well as information disclosed in Your Content that could personally identify you. You assert that you own or have necessary permissions to use and authorize the use of Your Content as described herein. You may not insinuate that your content is in any way endorsed or sponsored by WeFoos. Be aware of your exposure to liability if Your Content contains false, intentionally misleading, or defamatory material; violates any third-party rights including copyright, trademark, paten, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains unlawful material including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any current law or regulation.
    2. Our right to use Your Content - It is our option to use Your Content in varying ways including public display, reformatting, incorporating into advertisements, creating derivative works, promoting, distributing, sharing, and allowing other members and Site visitors to do the same in connection with their own websites and social media platforms ("Other Media"). You irrevocably grant us and other Site members world-wide and perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. 
    3. Advertising - Any revenue generated from advertisements linked to, adjacent to, included with, or embedded in Your Content does not give you entitlement to compensation for such advertisements. The mode, extent, and manner of such advertising are subject to modification without any specific need to notify you.
    4. Misc. - Member Content doesn't necessarily reflect opinions of WeFoos. We have the right to remove, edit, screen, or reinstate Content at our discretion without notifying you or for any reason or purpose. We are under no obligation to retain copies of such Content or ensure you have a copy prior to removal from the Site. 
  6. Site Restrictions - We encourage you to let us know if you feel another member violates the Terms and we will reserve the right to investigate and resolve issues or disputes at our sole discretion. We are under no obligation to enforce any portion of the Terms on your behalf against other members.
    1. As a member of the Site you agree not to directly or indirectly aid, encourage, or enable others to use the Site to:
      1. Violate our Published Content Guidelines for offenses such as writing fake or defamatory reviews, comments, trading or conspiring to trade reviews with other businesses, being compensated or compensating someone to write or remove a review;
      2. 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;
      3. Threaten, stalk, harm, harass others, promote bigotry, or discriminate
      4. Use the Site for commercial purposes, promoting a business or commercial event except with an approved account and as permitted by WeFoos;
      5. Submit or transmit pornography or solicit information from minors; or
      6. Violate any applicable law(s).
    2. The following restrictions only apply to the extent permissible under applicable law, however, by using the Site you agree not to, and will not assist, encourage, or enable others to act contrary to them or you risk losing Site and account access along with any included features:
      1. Violate the Terms;
      2. Publicly display, sell, trade, modify, appropriate, reproduce, translate, adapt, modify, distribute, create derivative works or adaptations of the Site or Site Content (other than Your Content) or in any way exploit the Site or Site Content;
      3. Use any process or means, including the use of robots, spiders, or any other automated device, to access, retrieve, scrape, or index any portion of the Site or Site Content;
      4. Reverse engineer any portion of the Site;
      5. Modify or remove any trademark, copyright, or other proprietary rights notice that appears anywhere on the Site or on any materials printed or copied from the Site, Content or otherwise;
      6. Attempt to gain unauthorized access to the Site, member accounts, computer systems, or networks connected to the Site through hacking or any other means;
      7. Use the Site or Site Content to transmit computer viruses, Trojan horses, worms, any other defects or items of destructive nature;
      8. Interfere or attempt to interfere with the proper working of the site;
      9. Use the Site 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 Site or Site Content; or
      10. Damage, circumvent, disable, remove, or otherwise interfere with any security-related features of the Site, including features that prevent or restrict the use of the Site or Site Content, or features that enforce limitations on the use of the Site.
  7. Guidelines and Policies
    1. Published Content Guidelines - By using the Site, you represent that you have read and understand the Guidelines to Publishing Created Content.
    2. Events - WeFoos is not responsible for inaccurate information throughout the Site, which also includes any Events that are posted. Please conact an Event administrator before attendance to ensure correct time, location, etc.
    3. Privacy - By using the Site, you represent that you have read and understand the Privacy Policy
  8. WePlayFoos® Perks Program - Members are given the option to apply for the "Program" at any time after their account is created.
  9. Site Suggestions for Improvements - Should you send us any documentation suggesting improvements to the Site ("Feedback"), you agree that (a) your Feedback does not contain any confidential or proprietary information of third parties, (b) we have no obligation of confidentiality, express or implied, with respect to your Feedback, (c) we may have something similar to your Feedback already being considered or in development, and (d) you grant us all rights to claim your Feedback as our own.
  10. Links from Third Party Websites - We may include links from our Site to other websites or applications (each being a separate "Third Party Site"). We do not control or endorse any Third Party Site and you agree to release from liability and hold harmless WeFoos, the Site, or any of our partners and affiliates. Use of any Third Party Site is at your own risk.
  11. Indemnification - You agree to indemnify, defend, and hold WeFoos, 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 "WeFoos Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of the Site, (b) your violation of the Terms, (c) any products or services purchased or obtained by you in connection with the Site, or (d) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WeFoos 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 WeFoos. WeFoos will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such matters.
  12. Disclaimers and Limitations of Liability - PLEASE READ THE FOLLOWING SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ALL WEFOOS 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 REGISTERING FOR AN ACCOUNT OR ACCESSING THE SITE IN ANY WAY. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, FULLY UNDERSTAND, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
    1. THE SITE IS AVAILABLE TO YOU "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITH YOUR EXPRESS UNDERSTANDING THAT WEFOOS ENTITIES MAY NOT MONITOR, CONTROL, OR FILTER USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE WEFOOS ENTITIES MAKE NO CLAIMS OR PROMISES CONCERNING THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. AS SUCH, THE WEFOOS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM, FOR EXAMPLE, THE SITE'S INOPERABILITY, UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
    2. THE WEFOOS 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 MEMBERS. ACCORDINGLY, THE WEFOOS ENTITIES ARE NOT LIABLE TO YOUR FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ANY BUSINESS OR ADVERTISER LISTED OR FEATURED ON THE SITE. YOUR PURCHASES AND USE OF ANY PRODUCT OR SERVICES OFFERED BY WEFOOS OR ANY THIRD PARTY THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
    3. THE WEFOOS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY LISTED BUSINESSES 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 ANY ASSOCIATED WEFOOS ENTITY SHALL CREATE A REPRESENTATION OR WARRANTY.
    4. 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 YOUR ACCOUNT AS WELL AS ACCESS TO, OR USE OF THE SITE FOR ANY PURPOSE.
    5. THE WEFOOS ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOUR FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO THE WEFOOS ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) $100.00USD.
    6. THE WEFOOS ENTITIES DISCLAIM LIABILITY FOR ANY (a) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (b) LOSS OF PROFITS, (c) BUSINESS INTERRUPTION, (d) REPUTATIONAL HARM, OR (e) LOSS OF INFORMATION OR DATA.
  13. Resolution of Disputes - Arizona law governs these Terms as well as any claim, cause of action, or dispute that might arise between you and WeFoos (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 Maricopa County, Arizona.
  14. Termination of Accounts - You may close your account at any time for any reason and your obligation to abide by these Terms will be immediately terminated. We may close your account or suspend any ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason whatsoever, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. In the event of any termination of these Terms, whether by you or by us, enforcement of some sections of these Terms pertaining to your rights and privileges to access the Site, Site Content, Your Content, communicating with Site members may remain in effect.
  15. General Accepted Terms and Conditions - (a) We reserve all rights to modify, update, or discontinue the Site at our sole discretion, at any time, for any reason or none whatsoever, and without notice or liability; (b) We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communication through the Site; (c) Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party; (d) The Terms contain the entire agreement between you and us regarding the use of the Site, 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; (e) Any failure on our 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 construe a waiver of any further rights hereunder; (f) 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; (g) The Terms, and any rights or obligation hereunder, are not assignable, transferable or sublicensable by you except with WeFoos' 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; (h) Title names within these Terms have no legal or contractual effect but are for convenience only.

Copyright © 2017 WeFoos LLC, Phoenix, Arizona 85018, U.S.A.

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