Thank you for using Waytrace. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Waytrace website at www.waytrace.com (the “Site”) and any related mobile or software applications (“Waytrace Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future Waytrace users, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Waytrace Platform, you are agreeing to these Terms and concluding a legally binding contract with Waytrace Media Pvt. Ltd. and/or its affiliates or, if you are in the United States, with Waytrace USA, LLC and/or its affiliates (hereinafter collectively referred to as “Waytrace”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Waytrace Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘restaurant business page’ to manage claimed business listings or otherwise.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Waytrace Content” means content that Waytrace creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Waytrace or its users and is available on the Services.
“Restaurant” means the restaurants listed on Waytrace and any related mobile or software applications of Waytrace.
Waytrace may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Waytrace Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Waytrace Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Waytrace and that you shall not disclose such information without Waytrace’s prior written consent.
You agree to protect Waytrace’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Waytrace (or Waytrace’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Waytrace and that you shall not disclose such information without Waytrace’s prior written consent. Unless you have agreed otherwise in writing with Waytrace, nothing in the Terms gives you a right to use any of Waytrace’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Waytrace; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Waytrace’s Content in whole or in part except as expressly authorized by Waytrace.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Waytrace Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Waytrace Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
By submitting Your Content you hereby irrevocably grant Waytrace a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘restaurant business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Waytrace or its Users, any third party services and their users.
You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Waytrace.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of User Content, from such Restaurant’s listing page at its sole discretion.
Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Waytrace is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
User reviews or ratings for Restaurants do not reflect the opinion of Waytrace. Waytrace receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Waytrace is the personal opinion of the user/reviewer only. Waytrace is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Waytrace Platform are independent of the reviews recieved by such advertisers. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular user’s review violates any of the Waytrace’ policies, the restaurant may write to us at email@example.com and bring such violation to our attention. Waytrace may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services