Willow Terms:

Willow App LLC (“Willow”) operates the Willow mobile app and related website www.thewillowapp.com. By using Willow in any way, you accept these Terms and Conditions (“Agreement”).

Who May Use Willow

  • You must be at least 18 years old to use Willow. Use is void where prohibited. By using Willow, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Willow, you represent and warrant that you are not required to register as a sex offender with any government entity.

License to Use Willow

  • Willow provides you a limited, non-exclusive license to access and use Willow for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
  • Except as expressly permitted by Willow in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Willow. Nor will you take any measures to interfere with or damage Willow. All rights not expressly granted by Willow are reserved.

Privacy

  • Your privacy rights are set forth in our Privacy Policy (“Privacy Policy”), which forms a part of this Agreement. Please review the Privacy Policy to learn about:
    • 1.What information Willow may collect about you;
    • 2.How Willow may use that information; and
    • 3.With whom Willow will share the information we collect about you and why theinformation is being shared.

    Registration

    • To use Willow, you must have a personal Facebook account. By registering with Willow, you are authorizing Willow to access certain information in your Facebook account, the extent of which is detailed in our Privacy Policy. By using Willow, you acknowledge that the Facebook account in use is your own, and certify that all information provided by Facebook to Willow is accurate and truthful.

    Term and Termination: Account Deletion

    • This Agreement begins on the date you first use Willow and continues until terminated in accordance with this Agreement.
    • Willow may in its sole discretion, consistent with applicable law, without notice, to suspend, disable, or delete your account (or any part thereof). Grounds for such account termination may include, but are not limited to, the following:
      • 1.Willow determines that you may have violated any provision of this Agreement;
      • 2.Your conduct or content would tend to damage Willow's reputation or goodwill;
      • 3.You are found by Willow to be bothering or harassing other Willow users in ways that negatively impact the Willow community; or
      • 4.You have taken any other actions that Willow determines might negatively impact the Willow community.
    • If Willow deletes your account, you may not re-register under a different name.
    • Upon termination, all licenses granted by Willow will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Willow is not responsible for the loss of such content.

    Disclaimers: Limitation of Liability

    • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER WILLOW USERS. YOU UNDERSTAND THAT WILLOW CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WILLOW ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WILLOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. WILLOW RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING LAWFUL MEANS.
    • IN NO EVENT SHALL WILLOW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE WILLOW SERVICE OR PERSONS YOU MEET THROUGH WILLOW. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
    • Willow reserves the right to modify the terms and conditions pertaining to Willow at any point in time. If such modification occurs, Willow will post the updated Terms and Conditions at www.thewillowapp.com/terms.
    • Willow provides Willow on an “as is” and “as available” basis. You therefore use Willow at your own risk. Willow expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Willow makes no representations or warranties:
      • 1.That Willow will be permitted in your jurisdiction;
      • 2.That Willow will be uninterrupted or error-free;
      • 3.Concerning any content submitted by any user;
      • 4.Concerning any third party’s use of content that you submit;
      • 5.That any content you submit will be made available on Willow or will be stored by Willow;
      • 6.That Willow will continue to support any particular feature of Willow; or
      • 7.Concerning sites and resources outside of Willow, even if linked to from Willow.

      Code of Conduct: Prohibited Activities

      • In using Willow, you must behave in a civil and respectful manner at all times. Further, you will not:
        • 1.Harass or stalk any other person;
        • 2.Harm or exploit minors should they find themselves on the app;
        • 3.Act in a deceptive manner by, among other things, impersonating any person;
        • 4.Collect information about others for exploitative or commercial purposes;
        • 5.You will not express or imply that any statements you make are endorsed by Willow without our specific prior written consent;
        • 6.You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
        • 7.You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
        • 8.You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site; or
        • 9.You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

        Content Restrictions

        • Willow has the right, but not the obligation, to monitor all conduct on and content submitted to Willow.
        • You are solely responsible for the content that you publish or display (hereinafter, “post”) on Willow, and the information you transmit to other Willow users. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Willow or to any other user. If information provided to Willow or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
          • 1.Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
          • 2.Harasses or advocates harassment of another person.
          • 3.Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
          • 4.Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
          • 5.Contains sexually explicit content;
          • 6.Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
          • 7.Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
          • 8.Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
          • 9.Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
          • 10.Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
          • 11.Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
        • Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

        Licenses Granted by You

        • You grant Willow and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Willow permission to view your content for their personal, non-commercial purposes. If you make suggestions to Willow on improving or adding new features to Willow, Willow shall have the right to use your suggestions without any compensation to you.

        Your Representations and Warranties

        • For each piece of content that you submit, you represent and warrant that:
          • 1.You have the right to submit the content to Willow and grant the licenses set forth above;
          • 2.Willow will not need to obtain licenses from any third party or pay royalties to any third party;
          • 3.The content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
          • 4.The content complies with this Agreement and all applicable laws.

          Indemnification

          • You will indemnify, defend, and hold harmless Willow and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
            • 1.Arise from your activities on Willow.
            • 2.Assert a violation by you of any term of this Agreement.
            • 3.Assert that any content you submitted to Willow violates any law or infringes any third party right, including any intellectual property or privacy right.

            Third Party Copyrights and Other Rights Copyright Policy

            • Willow respects the intellectual property of others, and we expect our users to do the same. Each user is responsible for ensuring that materials uploaded to Willow do not infringe any third party copyright.
            • Willow will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Willow may, in its sole discretion, terminate the accounts of copyright infringers.

            DMCA Takedown Notice

            • If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
              • 1.Your name, address, telephone number, and email address (if any)
              • 2.A description of the copyrighted work that you claim has been infringed;
              • 3.A description of where the material that you claim is infringing is located on Willow, sufficient for Willow to locate the material;
              • 4.A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
              • 5.A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf; and
              • 6.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
            • You may submit this information via email: legal@thewillowapp.com

            Other Complaints

            • You may send non-copyright complaints via email: support@thewillowapp.com

            General Provisions

            • GOVERNING LAW: This Agreement shall be governed by the laws of the State of Maryland, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
            • DISPUTES: Any action arising out of or relating to this Agreement or your use of Willow must be commenced in the state or federal courts located in Maryland, United States of America (and you consent to the jurisdiction of those courts).
            • INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Willow in exercising any right hereunder will waive any further exercise of that right. Willow's rights and remedies hereunder are cumulative and not exclusive.
            • SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Willow’s prior written consent. No third party shall have any rights hereunder.
            • NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Willow electronically. Willow may provide all such communications by email or by posting them on www.thewillowapp.com. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us electronically at support@thewillowapp.com

            Modification

            • This Agreement may be modified at any time and for any reason. A revised Agreement will be posted by Willow on thewillowapp.com/terms and within the Terms of Service section of the Willow app. A revised Agreement will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Willow and you, the user, and supersedes any prior agreements and understandings.