TERMS OF SERVICE
[The TERMS OF SERVICE and PRIVACY POLICY were purposely written in as plain an english as possible while still being effective in the eyes of the law. They are meant to be legible and "not so fine print". If you have any questions about anything mentioned here, please contact us.]
Welcome to Whale Wonder (DBA: Turtle Tank) a creative playspace that grows radical systems for a more human world. We teach "the art/science of doing things". We create virtual incubators, provide educational experiences and build partnerships to support entrepreneurs, artists, healers, activists and educators with launching and growing their radical projects. The Whale Wonder website and service including (without limitation) all websites, mobile applications, live events, travel experiences, in- person trainings, and other means through which the service is delivered (collectively, the "Service") are owned, operated and distributed by Whale Wonder Inc. (referred to in these Terms of Service as "Whale Wonder" or "we" and through similar words such as "us," "our," etc.). By accessing any part of the Service, you or “User” or “Users” are agreeing to the terms and conditions described below (these "Terms of Service"), the terms and conditions of our privacy policy (the "Privacy Policy") and any other legal notices published by us on the Service (collectively, the "Governing Documents"). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service, those who engage in the Service offline and users who have registered as members of Whale Wonder.
We may, at our sole discretion, modify these Terms of Service at any time, however, we will inform you of any substantive changes as they are made. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of April, 2017.
Description of Service
The Whale Wonder Service is a creative playspace that grows radical systems for a more human world. We teach "the art/science of doing things". We create virtual incubators, provide educational experiences and build partnerships to support entrepreneurs, artists, healers, activists and educators with launching and growing their radical projects.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses and User Submissions
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Whale Wonder, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Whale Wonder in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Whale Wonder in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Whale Wonder or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the Whale Wonder name or trademarks without the express written consent of Whale Wonder.
Content submitted by Users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as "User Submissions." Whether or not any User Submission is published, it will be subject to these Terms of Service. Whale Wonder does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize Whale Wonder to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
When you submit any material to the public space on the Services, you hereby grant to Whale Wonder a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to Whale Wonder by all means and in any media now known or hereafter developed. You also grant to Whale Wonder the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Whale Wonder for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Whale Wonder.
Whale Wonder will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Whale Wonder notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of admin@whalewonder.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Account Terms
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
You must be 13 years or older to use the Service.
You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, valid email address, zip code, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Whale Wonder will not be liable for any loss or damage from your failure to comply with this security obligation.
You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.
You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
Fees
We reserve the right, at any time, to introduce fees, change any fees for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
Conduct on Service
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service. You agree that you will not act in a way or upload, share, post, or otherwise distribute or facilitate distribution of any User Submission — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the conduct of Users or contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See "Copyrights, Licenses and User Submissions" above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, disallow your use, terminate your membership, account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Cancellations and Refunds
Unless Whale Wonder indicates otherwise, Whale Wonder is not responsible or liable for any refunds for classes, experiences or content for any reason.
Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Whale Wonder spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER WHALE WONDER PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE, NOR ANY OTHER WHALE WONDER PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and the other Whale Wonder Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Miscellaneous
You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over Whale Wonder, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between Whale Wonder and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE, THE PRIVACY POLICY OR THE OTHER GOVERNING DOCUMENTS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.
These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Whale Wonder concerning the Service and the services provided by Whale Wonder. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Whale Wonder' failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Whale Wonder may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.
Most communication between Whale Wonder and you will be sent and received electronically. You agree that all electronic communication between Whale Wonder and you shall satisfy any legal requirements that such communications be in writing.
PRIVACY POLICY
Welcome to Whale Wonder / Turtle Tank. We are a creative playspace that grows radical systems for a more human world. We teach "the art/science of doing things". We create virtual incubators, provide educational experiences and build partnerships to support entrepreneurs, artists, healers, activists and educators with launching and growing their radical projects.
The Whale Wonder web site and service including (without limitation) all websites, mobile applications, telephonic communication, live sessions, in-person activities and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Whale Wonder, Inc., its affiliates and subsidiaries, (referred to in this Privacy Policy as “Whale Wonder” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (this “Privacy Policy”) and the terms and conditions of our terms of service (the “Terms of Service”). If you do not agree to any of these terms, you should not use the Service. This Privacy Policy applies to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Whale Wonder.
We may, at our sole discretion, modify this Privacy Policy at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of February 2017.
General
Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Personal Information
When your register with us and become a Whale Wonder Member, when you choose to interact with the Services, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you. This includes, but is not limited to, your name, email address, but does not include your credit card number of billing information. PayPal processes all of the transactions on Whale Wonder, and the information you provide to PayPal is subject to its privacy policy. We do not receive any of the credit card information you provide to PayPal.
In order to send you e-mail from Whale Wonder, we need your e-mail address. To provide you with additional services, we may also request your name, geographical coordinates, and telephone number. We may give some or all of this information to the teachers for classes that you sign up for so that they can coordinate their classes. We will not give your name, email, or other personal information to unaffiliated third parties except with your consent or as otherwise set forth in this privacy policy. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law or when we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process that we receive or to protect our interests or the safety of others. In addition, we may provide personal information to employees, consultants or other business or persons for the purpose of processing such information on our behalf. In such circumstances, we require that these parties agree to protect the confidentiality of such information and to comply with the terms of this Privacy Policy.
Other Information
We use your IP address to help diagnose problems with our server, to administer our Service, and to analyze traffic patterns on the Service. We use cookies, web beacons and similar technology to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit. We may also use web beacons and similar technology in emails that we send to you in order to track whether the emails have been opened. In addition, our web servers track information about the visits to the Service. For example, we compile statistics that show the daily number of visitors to the Service, the daily requests we receive for particular files on the Service, and what geographical areas those requests come from. These aggregated statistics are used internally to better provide services to the public and may also be provided to others.
Voluntary Disclosure
Though any disclosure in a private section of the service shall remain private, any personal information or content that you voluntarily disclose in public areas becomes publicly available and can be collected and used by other users for any reason. Your profile pages and any online classrooms you participate in are typically publicly available, although you have the ability to change the settings to limit access to these areas. You should exercise caution before disclosing your personal information via these or any other public venues.
For example, if you choose to sign up for a free Whale Wonder account, you may have a Profile page on the site, containing your Full Name and some basic information including your location and bio. You may also add additional optional information to your Profile. You may control what type of Profile information is shown to other through your Account Settings. Any information you choose to provide as part of your profile should reflect how much you want other Whale Wonder users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.
Children’s Privacy
You must be at least 13 years old to register to use the Service. Accordingly, we do not collect any personal information from children.
Anonymous Tracking
In order to improve the quality of the Services, we track user behavior anonymously.
Other Sites
The Service may contain links to other Web sites or services. We are not responsible for the privacy practices or the content of such Web sites or services, and you should review the privacy policy of each such Web site or service to make sure that you are comfortable with it before providing any personal information. For example, all payments for classes are processed through PayPal. As discussed above, we do not receive any of the information you provide to PayPal, and all such information is subject to PayPal’s privacy policy.
Miscellaneous
In the event that we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
The Service is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.
California Civil Code Section 1798.83 permits users of the Service who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the heading to admin@whalewonder.com or write us at the address listed below.
Contact Us
If you have any questions, you can contact us at admin@whalewonder.com.