tos.html

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layout: index
Title: Terms of service
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<article role="article" id="tos">
  <h1 class="tos-header">Terms of service</h1>
  <section>
    <div class="more-simply-put">
      <p>Every company has its terms. These are ours.</p>
    </div>
    <p>
      These Terms of Service ("Terms") govern your access to and use of the
      Walden Pond website ("Walden Pond" or the "Service"). Please read these
      Terms carefully, and contact us if you have any questions. By accessing or
      using Walden Pond, you agree to be bound by these Terms and our
      <a href="/privacy">Privacy Policy</a>.
    </p>
  </section>

  <section>
    <h1>1. Our service</h1>
    <div class="more-simply-put">
      <p>
        Walden Pond helps you read the content that you want to read, and lets
        you get offline to do it. It’s customized to you. We need to know what
        you like to build Walden Pond for you.
      </p>
    </div>

    <p>
      Walden Pond helps you discover and do what you love. To do that, we pull
      you things have already signaled that you think are relevant, interesting
      and personal, by saving them to read later. To provide our Service, we
      need to be able to identify you and have access to the place that you save
      articles.
    </p>
  </section>

  <section>
    <h1>2. Using Walden Pond</h1>
    <div class="more-simply-put">
      <p>
        You cannot use Walden Pond if you're under 13 (or older in some
        countries).
      </p>
    </div>
    <h2>a. Who can use Walden Pond</h2>
    <p>
      You may use Walden Pond only if you can legally form a binding contract
      with Walden Pond, and only in compliance with these Terms and all
      applicable laws. When you create your Walden Pond account, you must
      provide us with accurate and complete information. You can’t use Walden
      Pond if it would be prohibited by U.S. sanctions. Any use or access by
      anyone under the age of 13 is not allowed. If you’re based in the EEA, you
      may only use Walden Pond if you are over the age at which you can provide
      consent to data processing under the laws of your country or if verifiable
      parental consent for your use of Walden Pond has been provided to us.
    </p>

    <h2>b. Our license to you</h2>

    <p>
      Subject to these Terms and our policies, we grant you a limited,
      non-exclusive, non-transferable, and revocable license to use our Service.
    </p>
  </section>

  <section>
    <h1>3. Your content</h1>
    <h2>a. Posting content</h2>
    <div class="more-simply-put">
      <p>
        If content ends up in your Walden Pond, it doesn't change who it belongs
        to.
      </p>
    </div>
    <p>
      Walden Pond prints articles that you have permission to view. Anything
      that you make available through Walden Pond is referred to as "User
      Content." You retain all rights in, and are solely responsible for, the
      User Content you post to Walden Pond. The relationship you have with the
      service that saves your content for you likely superscedes these Terms, as
      Walden Pond is a mechanism for viewing content.
    </p>

    <h2>b. How Walden Pond and other users can use your content</h2>
    <div class="more-simply-put">
      <p>
        We might use your history to do aggregate statistics that we show to
        everyone, or to do personalised stats that we just show to you.
      </p>
    </div>
    <p>
      You grant Walden Pond permision to use the data that we have access to to
      produce statistical content that is shown to a wider audience in a way
      that does not disclose any persionally identifiable information. Walden
      Pond may also produce content that is identifiable, but is viewable only
      by the person that that information is about.
    </p>

    <h2>c. How long we keep your content</h2>
    <div class="more-simply-put">
      <p>
        If you choose to post content, you give us permission to use it to
        provide and improve Walden Pond.
      </p>
    </div>
    <p>
      Following termination or deactivation of your account, or if you remove
      any User Content from Walden Pond, we may keep your User Content for a
      reasonable period of time for backup, archival, or audit purposes.
    </p>

    <h2>d. Feedback you provide</h2>
    <div class="more-simply-put">
      <p>We can use your suggestions to make Walden Pond better.</p>
    </div>
    <p>
      We value hearing from our users, and are always interested in learning
      about ways we can make Walden Pond more awesome. If you choose to submit
      comments, ideas or feedback, you agree that we are free to use them
      without any restriction or compensation to you. By accepting your
      submission, Walden Pond doesn’t waive any rights to use similar or related
      feedback previously known to Walden Pond, or developed by its employees,
      or obtained from sources other than you.
    </p>
  </section>

  <section>
    <h1>4. Copyright policy</h1>
    <div class="more-simply-put">
      <p>
        We respect copyrights. You should, too. However, most copyright issues
        happen upstream of us.
      </p>
    </div>

    <p>
      Walden Pond is a paper-based client for reading content later. To that end
      we don't store any of your content, if you think that there's an
      infingement of copyright you should consider taking it up with the saving
      service, for example,
      <a href="https://getpocket.com/report_infringement"
        >Pocket's copyright page is here</a
      >.
    </p>
  </section>

  <section>
    <h1>5. Security</h1>
    <div class="more-simply-put">
      <p>You can help us fight spammers by keeping your password safe.</p>
    </div>
    <p>
      We care about the security of our users. While we work to protect the
      security of your content and account, Walden Pond can’t guarantee that
      unauthorized third parties won’t be able to defeat our security measures.
      We ask that you keep your password secure. Please notify us immediately of
      any compromise or unauthorized use of your account.
    </p>
  </section>

  <section>
    <h1>6. Third party links, sites, and services</h1>
    <div class="more-simply-put">
      <p>
        Walden Pond has links to content off of Walden Pond. Most of that stuff
        is awesome, but we're not responsible when it's not.
      </p>
    </div>
    <p>
      Walden Pond may contain links to third party websites, advertisers,
      services, special offers, or other events or activities that are not owned
      or controlled by Walden Pond. We don’t endorse or assume any
      responsibility for any such third party sites, information, materials,
      products, or services. If you access any third party website, service, or
      content from Walden Pond, you do so at your own risk and you agree that
      Walden Pond has no liability arising from your use of or access to any
      third party website, service, or content.
    </p>
  </section>

  <section>
    <h1>7. Termination</h1>
    <div class="more-simply-put">
      <p>
        We reserve the right to refuse service to anyone, but we will provide
        appropriate notice.
      </p>
    </div>
    <p>
      Walden Pond may terminate or suspend your right to access or use Walden
      Pond for any reason on appropriate notice. We may terminate or suspend
      your access immediately and without notice if we have a good reason. Upon
      termination, you continue to be bound by Sections 3 and 8 of these Terms.
    </p>
  </section>

  <section>
    <h1>8. Indemnity</h1>
    <div class="more-simply-put">
      <p>
        If we are sued because of something you do on or with Walden Pond, you
        have to pay our costs.
      </p>
    </div>
    <p>
      You agree to indemnify and hold harmless Walden Pond, their affiliates and
      their respective officers, directors, employees and agents, from and
      against any claims, suits, proceedings, disputes, demands, liabilities,
      damages, losses, costs and expenses, including, without limitation,
      reasonable legal and accounting fees (including costs of defense of
      claims, suits or proceedings brought by third parties), in any way related
      to your access to or use of our Service, your User Content, or your breach
      of any of these Terms.
    </p>
  </section>

  <section>
    <h1>9. Disclaimers</h1>
    <div class="more-simply-put">
      <p>
        Walden Pond is passed content from your saving service, we don't filter
        your content, so if you're offended by something in your edition, that's
        on you because you put it there.
      </p>
    </div>
    <p>
      Our Service and all content on Walden Pond is provided on an "as is" basis
      without warranty of any kind, whether express or implied.
    </p>
    <p>
      Walden Pond specifically disclaims any and all warranties and conditions
      of merchantability, fitness for a particular purpose, and
      non-infringement, and any warranties arising out of course of dealing or
      usage of trade.
    </p>
    <p>
      Walden Pond takes no responsibility and assumes no liability for any User
      Content that you or any other person or third party posts or sends using
      our Service. You understand and agree that you may be exposed to User
      Content that’s inaccurate, objectionable, inappropriate for children, or
      otherwise unsuited to your purpose.
    </p>
    <p>
      If you're a consumer in the EEA, we don’t exclude or limit any liability
      for gross negligence, intent, or death or personal injury caused by our
      negligence or willful misconduct.
    </p>
  </section>

  <section>
    <h1>10. Limitation of liability</h1>
    <div class="more-simply-put">
      <p>
        We are building the best service we can for you but we can't promise it
        will be perfect. We're not liable for various things. If you think we
        are, let's try to work it out like adults.
      </p>
    </div>
    <p>
      To the maximum extent permitted by law, Walden Pond shall not be liable
      for any indirect, incidental, special, consequential or punitive damages,
      or any loss of profits or revenues, whether incurred directly or
      indirectly, or any loss of data, use, goodwill, or other intangible
      losses, resulting from (a) your access to or use of or inability to access
      or use the service; (b) any conduct or content of any third party on the
      service, including without limitation, any defamatory, offensive or
      illegal conduct of other users or third parties; or (c) unauthorized
      access, use or alteration of your transmissions or content. In no event
      shall Walden Pond's aggregate liability for all claims relating to the
      service exceed one hundred U.S. dollars (U.S. $100.00).
    </p>
    <p>
      If we cause damage to you and you're a consumer in the EEA, the above
      doesn’t apply. Instead, Walden Pond’s liability will be limited to
      foreseeable damages arising due to a breach of material contractual
      obligations typical for this type of contract. Walden Pond isn’t liable
      for damages that result from a non-material breach of any other applicable
      duty of care. This limitation of liability won’t apply to any statutory
      liability that cannot be limited, to liability for death or personal
      injury caused by our negligence or willful misconduct, or if and to
      exclude our responsibility for something we have specifically promised to
      you.
    </p>
  </section>

  <section>
    <h1>11. Arbitration</h1>
    <p>
      For any dispute you have with Walden Pond, you agree to first contact us
      and try to resolve the dispute with us informally. If we need to contact
      you, we will do so at the email address on your Walden Pond account. If
      Walden Pond hasn’t been able to resolve the dispute with you informally,
      we each agree to resolve any claim, dispute, or controversy (excluding
      claims for injunctive or other equitable relief) arising out of or in
      connection with or relating to these Terms through binding arbitration or
      (for qualifying claims) in small claims court.
    </p>
    <p>
      Arbitration is a more informal way to resolve our disagreements than a
      lawsuit in court. For instance, arbitration uses a neutral arbitrator
      instead of a judge or jury, involves more limited discovery, and is
      subject to very limited review by courts. Although the process is more
      informal, arbitrators can award the same damages and relief that a court
      can award. You agree that, by agreeing to these Terms of Service, the U.S.
      Federal Arbitration Act governs the interpretation and enforcement of this
      provision, and that you and Walden Pond are each waiving the right to a
      trial by jury or to participate in a class action. The arbitrator has
      exclusive authority to resolve any dispute relating to the interpretation,
      applicability, or enforceability of this binding arbitration agreement.
      This arbitration provision shall survive termination of this Agreement and
      the termination of your Walden Pond account.
    </p>
    <p>
      Any arbitration will be administered by the American Arbitration
      Association ("AAA") under the Consumer Arbitration Rules then in effect
      for the AAA, except as provided herein. You can find their forms at
      <a href="https://www.adr.org/">www.adr.org</a>. Unless you and Walden Pond
      agree otherwise, the arbitration will be conducted in the county (or
      parish) where you reside. Each party will be responsible for paying any
      AAA filing, administrative and arbitrator fees in accordance with AAA
      Rules, except that Walden Pond will pay for your reasonable filing,
      administrative, and arbitrator fees if your claim for damages does not
      exceed $75,000 and is non-frivolous (as measured by the standards set
      forth in Federal Rule of Civil Procedure 11(b)). If your claim is for
      $10,000 or less, we agree that you may choose whether the arbitration will
      be conducted solely on the basis of documents submitted to the arbitrator,
      through a telephonic hearing, or by an in-person hearing as established by
      the AAA Rules. If your claim exceeds $10,000, the right to a hearing will
      be determined by the AAA Rules. Regardless of the manner in which the
      arbitration is conducted, the arbitrator shall issue a reasoned written
      decision explaining the essential findings and conclusions on which the
      award is based, and any judgment on the award rendered by the arbitrator
      may be entered in any court of competent jurisdiction. Nothing in this
      Section shall prevent either party from seeking injunctive or other
      equitable relief from the courts, including for matters related to data
      security, intellectual property or unauthorized access to the Service. ALL
      CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A
      PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
      PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT
      CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING
      INTO THESE TERMS, YOU AND Walden Pond ARE EACH WAIVING THE RIGHT TO A
      TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    </p>
    <p>
      NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY
      RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy
      regarding Walden Pond or our Service isn’t arbitrable under applicable
      laws or otherwise: you and Walden Pond both agree that any claim or
      dispute regarding Walden Pond will be resolved exclusively in accordance
      with Section 12 of these Terms.
    </p>
    <p>If you're a consumer in the EEA, Section 11 doesn't apply to you.</p>
  </section>

  <section>
    <h1>12. Governing law and jurisdiction</h1>
    <div class="more-simply-put">
      <p>
        It doesn't matter where you are you'll have to sue us here. (In the EEA
        you can sue us in your home courts.)
      </p>
    </div>
    <p>
      These Terms shall be governed by the laws of the State New South Wales,
      without respect to its conflict of laws principles. If you are not a
      consumer in the EEA, the exclusive place of jurisdiction for all disputes
      arising from or in connection with this agreement is New South Wales.
    </p>
    <p>
      If you are a consumer in the EEA, this won’t deprive you of any protection
      you have under the law of the country where you live and access to the
      courts in that country.
    </p>
  </section>

  <section>
    <h1>13. General terms</h1>
    <h2>Notification procedures and changes to these Terms</h2>
    <div class="more-simply-put">
      <p>
        If we're making a big change to the terms, we'll let you know. If you
        don’t like the new terms, please stop using Walden Pond.
      </p>
    </div>
    <p>
      We reserve the right to determine the form and means of providing
      notifications to you, and you agree to receive legal notices
      electronically if that’s what we decide. We may revise these Terms from
      time to time and the most current version will always be posted on our
      website. If a revision, in our discretion, is material, we’ll notify you.
      By continuing to access or use Walden Pond after revisions become
      effective, you agree to be bound by the new Terms. If you don’t agree to
      the new terms, please stop using Walden Pond.
    </p>

    <h2>Assignment</h2>
    <p>
      These Terms, and any rights and licenses granted hereunder, may not be
      transferred or assigned by you, but may be assigned by Walden Pond without
      restriction. Any attempted transfer or assignment in violation hereof
      shall be null and void.
    </p>
    <p>
      If you’re a consumer in the EEA, either you or Walden Pond may assign this
      agreement, and any rights and licences granted under it, to a third party.
      In case of such an assignment by Walden Pond, you are entitled to
      terminate the agreement with immediate effect by deactivating your
      account. Walden Pond will provide you with reasonable notice of any such
      assignment.
    </p>

    <h2>Entire agreement/severability</h2>
    <p>
      These Terms, together with the Privacy Policy and any amendments and any
      additional agreements you may enter into with Walden Pond shall constitute
      the entire agreement between you and Walden Pond concerning the Service.
      If any provision of these Terms is deemed invalid, then that provision
      will be limited or eliminated to the minimum extent necessary, and the
      remaining provisions of these Terms will remain in full force and effect.
    </p>

    <h2>No waiver</h2>
    <p>
      No waiver of any term of these Terms shall be deemed a further or
      continuing waiver of such term or any other term, and Walden Pond's
      failure to assert any right or provision under these Terms shall not
      constitute a waiver of such right or provision.
    </p>

    <h2>Parties</h2>
    <div class="more-simply-put">
      <p>Who you deal with depends on where you live.</p>
    </div>
    <p>
      These Terms are a contract between you and Walden Pond, 111, 1&ndash;13
      Garners Ave. NSW, 2204, Australia.
    </p>

    <p>Effective May 1, 2020</p>
  </section>
</article>

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