WOKEALLY Terms and Conditions
Effective Date: Jan 1, 2020
- Our Terms
- Welcome to WOKEALLY! WOKEALLY provides a platform for dating, making friends, reading content, finding out about local events, or just chatting with the biggest community for queer people worldwide.
- IMPORTANT — THIS AGREEMENT (“AGREEMENT” or “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” or “YOUR”) AND ACUFINANCE LIMITED HEREINAFTER “WOKEALLY,” “WE”, “US” OR “OUR”) THAT sets forth the legal terms and conditions for your access to and use of https://weareher.com and any other website owned and operated by WOKEALLY (the “Website(s)” OR “site(s)”) and ANY WOKEALLY software, INCLUDING ANY WOKEALLY mobile applications (the “APP(s)”) or other services offered by WOKEALLY from time to time and other PRODUCTS OR services offered BY third parties USING WOKEALLY functionality (collectively, the website(s), App(s) and services are referred to as “Service(s)”).
- PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WOKEALLY HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST WOKEALLY TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 14 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST WOKEALLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 14 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 14 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- Why should you read these Terms? These terms create a legally binding agreement between you and us. By accessing or using the Site, you are accepting these Terms. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you.
- BY USING ANY SERVICES FROM WOKEALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Some of our services may have additional rules, policies and procedures (collectively, “ADDITIONAL TERMS”). Where Additional Terms apply, we will make them available for you to read through in connection with your use of that service. By using that service, you agree to the Additional Terms. You confirm that you can enter the Agreement. You confirm and promise to us that you have the right, authority, and capacity to enter into these terms.
- Which provisions of the terms should you pay particular attention to? The key terms that you should consider in particular detail are Sections: Changes to the Site and these Terms; 9. Disclaimer; Limitation of Liability and Indemnification; 12. Termination and 14; Arbitration Agreement.
- What to do if you don’t want to accept these terms? If you do not agree with all of the provisions of these terms, do not access and/or use the Services.
- Information about WOKEALLY and contact details
- Who we are. WOKEALLY is a U.K. corporation located in London, U.K. You can contact us by writing to us at 97 Beechcroft Road, London, SW177BP
- How we may contact you. If we have to contact you we may do so by text or email to the number and/or address you provided when you registered for an Account.
- Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving communications from WOKEALLY by email.
- Changes to the Services and these Terms
- Notice of Changes.We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by WOKEALLY at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s)
- Material Changes. In the event of a more significant change to the Services and/or this Agreement, meaning that the changes materially impact your rights under this Agreement or your use of the Services, we may also require you to provide consent to the updated agreement before further use of the Services is permitted. By continuing to use any Services after the new effective date, you agree to be bound by such changes. If the modified terms are not acceptable to you, except as otherwise required by law, your only recourse is to cease using the Services.
- Service Description and Participation/Account Creation/Eligibility
- Service Description and Participation. WOKEALLY provides an online platform that connects our users with other that are interested in connection for dating purposes, friendship, making connections and other similar purposes (such users collectively referred to herein as “Customer” or “User”). As a User of the Services, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete. You hereby grant WOKEALLY the right to use and distribute the information that you have provided to WOKEALLY for the purpose for which it was provided. YOU UNDERSTAND AND AGREE THAT THE WOKEALLY HAS NO CONTROL OVER THE CONDUCT OF USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO RELEASE WOKEALLY FROM ALL LIABILITY ARISING OUT OF OR RELATED TO ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS THROUGH YOUR USE OF THE SERVICES OR ANY ACT OR OMISSION OF OTHER USERS.
- Account Creation. In order to access certain features of the Website and Apps and to use certain Services, you may be required register to create an account (“Account”). In connection with setting up your Account with WOKEALLY, we may supply you with a User identification and/or password. In connection with any future use, you may be asked to input your User identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and User identification. You can delete your Account at any time, for any reason, by following the instructions on the Site.
- Eligibility & Age Restrictions. Persons under 18 are prohibited from providing personal information on our Websites or via our Apps. If you are under the age of eighteen (18), you may not use the Services under any circumstances. Further, you agree and represent and warrant that you will not show pictures of anyone under the age of 18 or talk about or share information regarding other people (whether or not they are Users of the Services) on or through the Services.
- Acceptable Use
- You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to WOKEALLY.
- When you use the Services, you agree that you will not:
- violate this Agreement or any WOKEALLY rules regarding use of the Services;
- violate any law or regulation;
- send any nudes or pornographic shots, including nipples, genitals or backsides;
- solicit sex or any kind of sexual favors;
- breach any agreements you enter into with any third parties;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;
- stalk, harass, or harm another individual;
- post any defamatory content or use the Services as a means to bully or degrade any other Users of the Services
- impersonate any person or entity or perform any other similar fraudulent activity;
- impersonate any individual when interacting with other Users through the Services;
- use any means to scrape or crawl any Web pages or Content contained in the Websites or Apps (although WOKEALLY may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and WOKEALLY reserves the right to revoke these exceptions either generally or in specific cases);
- attempt to circumvent any technological measure implemented by WOKEALLY or any of WOKEALLY’s providers or any other third party (including another User) to protect the Websites or Apps; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Subject at all times to this Agreement, if you elect to download the App, the following also applies: WOKEALLY grants you a licence to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the licence is: a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove Your Materials (as defined in Section 8) at our discretion at any time. Furthermore, with respect to any App accessed through or downloaded from an App Store such as Google Play or the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third party App Store is also subject to the provisions of Section 106.
- Payments, WOKEALLY Premium Plans and Cancellation
- WOKEALLY Free Services. If you don’t choose to purchase WOKEALLY Premium, you can simply use WOKEALLY for free.
- WOKEALLY Premium. WOKEALLY Premium offers Users with access to new features, including unlimited swipes, changes in locations, views of whose liked you, read receipts, WOKEALLY has multiple subscription options to choose from, starting as low as £5.00 GBP per month.
Payment Breakdowns and Models for WOKEALLY Premium:
1 month: £5.00 and £10.00 GBP plus card fees as notified at the time of the transaction and any additional fees and currency exchange rate fees
If you choose to purchase WOKEALLY Premium, payment will be charged to your iTunes or Google Play account (as applicable). All subscription prices are in GBP and are listed in full above. Prices may vary in other countries than the U.K. and except where prohibited by law, are subject to change without notice.
- Where to find the price. We may charge fees in connection with your use of the Services. If you are using the paid-for version of the Services, the price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct. However please see Section 7.4 for what happens if we discover an error in the price of your order.
- When you must pay and how you must pay. Your Account will be charged for renewal within 24 hours prior to the end of the current subscription period (regardless of the length of the subscription period). Auto-renewal may be turned off at any time by going to the iTunes Store or Google Play Store (as applicable) after purchase and must be turned off at least 24 hours before the end of the current subscription period to take effect. We may change the fees we charge or may choose to temporarily change the fees for our Services and such changes are effective when we post the change on the Service. You agree to pay all charges incurred by you or any Users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Customers must provide WOKEALLY with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or any other payment or financial mechanism specified by WOKEALLY (“Payment Provider”). The Customer’s Payment Provider agreement governs its use of the designated credit or debit card or other mechanism, and the Customer should refer to that agreement and not this Agreement to determine its rights and liabilities. By providing WOKEALLY with your payment and/or financial information, you agree that WOKEALLY and any of its third party payment processors are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify WOKEALLY of any change in your payment and financial information. WOKEALLY reserves the right at any time to change its prices and billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive.
- Ownership & Copyright
- The parties agree that all proprietary rights in the Services are and will remain the property of WOKEALLY. This includes non-personally identifiable aggregate data collected by WOKEALLY in connection with providing the Services, as well as usage statistics and traffic patterns, any and all rights, title and interest to which are hereby assigned to WOKEALLY by you.
- Copyright Restrictions.
- The Websites and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are copyrighted under U.K. copyright and other laws by WOKEALLY or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps or elsewhere. You may not delete any legal or proprietary notices in the Websites, Apps or elsewhere.
- Except as noted in Section 8 below: (1) the Websites and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified; and (2) except to the extent permitted by applicable law, you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps or any Content or components that are available on the Websites or Apps.
(c) You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. WOKEALLY reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under WOKEALLY’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, WOKEALLY may revoke any of the foregoing rights and/or your access to the Services, including the App, or any part thereof, at any time without prior notice.
- Copyright Permission. Permission is granted for viewing the Website pages and Content on the Internet and via the Apps, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites or Apps, the information, including any Content, data or files incorporated in or generated by the Websites or Apps are owned by WOKEALLY and WOKEALLY retains complete title to the information and all property rights therein. All other rights are reserved.
- Content Licence. As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). We may also post a photograph or other visual likeness of you (“Your Image”). By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you hereby grant to WOKEALLY the right to use Your Materials and Your Image as necessary to provide the Services and improve the Services. You also hereby grant to WOKEALLY the right to use Your Materials (but not Your Image) to promote and market the Services. WOKEALLY does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials.
- Copyright Policy. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to WOKEALLY (or any other User as applicable) the rights in Your Materials, as contemplated under this Agreement; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or WOKEALLY’s use of Your Materials or Your Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Trademarks/Use of Name or Brand. All Content, product names, trademarks, service marks and logos appearing as part of the Services, unless otherwise noted, are wholly owned or validly licensed by WOKEALLY. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
- Feedback. If you submit any ideas, suggestions or testimonials “Feedback” to WOKEALLY, you hereby transfer to us all rights in such Feedback without charge. You also agree that WOKEALLY shall have the right to use and fully exploit such Feedback in any manner that we consider appropriate, including posting on the Internet. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.You may only submit ideas and material if you have obtained appropriate copyright and other permission to submit such materials and to permit WOKEALLY to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
- Disclaimer; Limitation of Liability and Indemnification
- WOKEALLY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY THERAPISTS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE THERAPIST OR CUSTOMER (AS APPLICABLE) AND NOT WOKEALLY. THE SERVICES ARE PROVIDED ON A STRICTLY “AS IS” BASIS, WITH ALL FAULTS. YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY DAMAGES TO YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WOKEALLY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) ARISING FROM: (i) YOUR USE OF AND/OR ACCESS TO THE SERVICES AND/OR ANY CONTENT ACCESSED OR PROVIDED THROUGH THE SERVICES; (ii) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICES; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (iv) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; AND/OR (v) YOUR VIOLATION OF ANY LAW OR REGULATION. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES.
- LIMITATION OF LIABILITY. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WOKEALLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR THE FAILURE TO OBTAIN AND MAINTAIN ANY LICENSES IN OR TO SUCH CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT SOURCED FROM A THIRD PARTY; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WOKEALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT WOKEALLY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
- WHAT WE DO NOT EXCLUDE. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:
- DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS;
- FRAUD OR FRAUDULENT MISREPRESENTATION;
- ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
- Location of the Services. The Services are controlled by WOKEALLY from its facilities in the United Kingdom. WOKEALLY makes no representations or warranties that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all applicable local laws and regulations.
- Third Party Links & App Store.
- Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Services contain links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. WOKEALLY does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms.
- App Store. When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 7):
- Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
- You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between WOKEALLY and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WOKEALLY.
- You and we acknowledge that, as between WOKEALLY and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between WOKEALLY and the App Store Owner, WOKEALLY, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- You represent and warrant that (1) you are not located in a country that is subject to a U.K. Government embargo, or that has been designated by the U.K. Government as a “terrorist supporting” country; and (2) you are not listed on any U.K. Government list of prohibited or restricted parties.
- Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- When we might suspend or terminate your Account or Site access. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement and/or your access to the Services, and (b) deactivate or cancel your Account.
- What happens when these Terms terminate? In the event WOKEALLY terminates this Agreement or your access to the Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder.
- Your right to cancel. You may cancel your Account at any time by contacting us. Please note that if your Account is cancelled, we do not have any obligation to delete or return to you any of Your Content that you have posted to the Services, including, but not limited to, any reviews or Feedback.
- Our right to cancel. If we terminate this Agreement and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.
- Other Important Terms
- Anti-Spam. WOKEALLY prohibits the sending of unsolicited bulk email or text messages (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient. WOKEALLY also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with WOKEALLY, and/or any products and Services. WOKEALLY prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO WOKEALLY’S SERVICES, PLEASE CONTACT US PROMPTLY VIA THE CONTACT MECHANISM MADE AVAILABLE VIA THE WEBSITE SO THAT WE MAY TAKE APPROPRIATE ACTION.
- Governing Law and Jurisdiction. This Agreement will be governed by and interpreted in accordance with the laws of the United Kingdom, England and we both agree to submit to the non-exclusive jurisdiction of the Law Courts of United Kingdom. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the United Kingdom or in the EU country in which you live.
- Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Rights and Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
- Severability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
- The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
- We may transfer these Terms to someone else. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by without restriction. We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
- Nobody else has any rights under these Terms. These Terms are between you and us. No other person or party shall have any rights to enforce any of its terms.
- Notice to California Users. Under California Civil Code Section 1789.3, Users of the Services from California are entitled to the following specific consumer rights notice. You may report complaints to The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Arbitration Agreement and Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with ACUFINANCE LIMITED (doing business as WOKEALLY) and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with WOKEALLY will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or WOKEALLY may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST WOKEALLY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH WOKEALLY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST WOKEALLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
- Arbitration Rules and Forum. This Arbitration Agreement is governed by the Arbitration Act 1996 in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, 97 Beechcroft Road, London, SW177BP. The arbitration will be conducted by the Arbicon under all their rules. All details can be found here: https://arbicon.co.uk. Payment of all filing, administration, and arbitration fees will be governed by the Arbicon’s rules. We will reimburse those fees for claims totalling less than £1,000 unless the arbitrator determines the claims are frivolous. Likewise, WOKEALLY will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If Arbicon is not available to arbitrate, the parties will select an alternative arbitral forum.
- Arbitrator Powers. The arbitrator, and not any national, district, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and WOKEALLY. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and WOKEALLY.
- Waiver of Jury Trial. YOU AND WOKEALLY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and WOKEALLY are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and WOKEALLY over whether to vacate or enforce an arbitration award, you and WOKEALLY waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor WOKEALLY is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in this Section 14 (Exclusive Venue) below.
- Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor WOKEALLY can force the other to arbitrate. To opt out, you must notify WOKEALLY in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your WOKEALLY username (if any), the email address you used to set up your WOKEALLY account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: [email protected] and 1760 Mission Street, San Francisco, CA, 94103. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
- This Arbitration Agreement will survive any termination of your relationship with WOKEALLY.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and WOKEALLY agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the United Kingdom courts located in the applicable county within Greater London.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
Last revised February 1, 2020
Last Updated: February 1, 2020
Website and Mobile App. As a part of the Services, you may access and login into the Mobile App. The Mobile App allows you to connect with other members of the LGBTQ community, as further described herein. The Website provides users with the chance to learn more about WOKEALLY, its products and services, purchase gear and clothing, and the ability to post their thoughts and comments to the Website. Through the Website, users may view the various products and services offered by WOKEALLY, learn more about the Mobile App and post comments and thoughts on the Website blog.
How Services Work. Our Services allow you to connect and communicate with other members of the LGBTQ community for dating, fun, friendships and more!
Children. Our Services are not directed to children and no one under the age of 18 is eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain Personal Information from people we actually know are under 18 years of age, and no part of our Services is designed to attract people under 18 years of age. If we later learn that a user is under 18 years of age, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Services.
Information We Collect
In general, the Personal Information we gather enables us to provide the Services to you and helps us learn more about the use of the Services.
Specifically, we collect the following types of Personal Information:
Voluntary Information: We also collect other types of Personal Information that you provide to us voluntarily, such as information that you provide directly to us in order to enable us to provide you with the Services. We may also receive requested information if you contact us via e-mail regarding support for the Services.
Usage/Account Information: We collect Personal Information that you submit to us voluntarily at registration and in the course of your use of the Website. To use our Mobile App, we may require you to create an “Account”.
Indexing/Third Parties: We may obtain information about you from third parties or through our indexing and analytics tools (including through cookies or other tracking technologies, please see below for more details) .
Communications: When you communicate with us by sending us an email, communicating with us through the Mobile App, or by responding to push notifications we send you, we will collect and store any information that is contained in your communications with us.
Surveys: When you participate in one of our surveys, we may collect additional profile information.
Sweepstakes: If you participate in a sweepstakes, contest or giveaway through the Services, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
Location Information. If you have enabled location services on your phone, we collect rough geolocation information to give users you interact with an approximate estimate of their distance from you. If you do not want this information collected by us, you can disable location services on your phone.
Other: We may also collect Personal Information at other points through our Services that state that Personal Information is being collected.
We collect the following types of Anonymous Information:
Information Collected by Our Servers. To make our Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Log Files. As is true of most mobile services, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Website, see which links users click and how they navigate around the Website, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Website again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Information.
You can read the relevant policies of advertisers we work with here:
You may opt out of receiving interest-based advertising from some of our partners by emailing [email protected] If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org. If you’re in the EU, you can find additional information about your choices with respect to advertising networks and online behavioral advertising by clicking here: http://www.youronlinechoices.eu/.
Disclosure – Analytics.
Information Collected from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above. You or the third party may contact us at [email protected] to request the removal of this information from our database. As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including Facebook Friends and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process. We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code.
How We Use Information
We will use your Personal Information to:
- Identify you as a user in our system;
- Facilitate the creation of and administration of your Account;
- Allow you to communicate with other users of the Services;
- Provide you with the Services and complete your transactions;
- Provide you with customer support;
- Help understand your needs and tailor the features and content of the Services to you;
- Respond to and, as applicable, fulfill your requests, resolve disputes and/or troubleshoot problems;
- Verify your compliance with your obligations in our Terms of Service;
- Send you administrative e-mail notifications, such as security, or support and maintenance advisories;
- Send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes;
- Improve the quality and functionality of the Services;
- Communicate with you about the Services.
We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.
We use the Anonymous Information we collect to analyse trends, administer and improve the Services, gather demographic information about our user base as a whole, and better tailor the Services to our users’ needs. However, we reserve the right to use Anonymous Information for any purpose, and to disclose Anonymous Information publicly without restriction. We provide analytics based upon our customer’s use of the Services to prospective partners, other customers, advertisers and other third parties. We may also disclose, on an anonymous basis, actual statements, verbatim, as made by our customers.
How We Disclose Information
We may also disclose certain Personal Information to:
- Third Parties Designated by You. When you use the Services, the Personal Information you provide will be shared with the third parties that you authorize to receive such information (e.g., other individuals that you wish to connect with via the Services).
- Third Party Service Providers. We may share your Personal Information with our third party service providers who provide services such as data analytics, website hosting, payment processing (e.g., Stripe), information technology, customer service, email delivery, auditing, and other services.
- Public Profile. Certain portions of the information you provide to us may also be displayed in your Profile. As an essential element of the Services, most of the Personal Information you explicitly provide to us when you register or update your Profile is displayed on your Profile. In order for your Profile to be made public, you must go to your profile settings and then to profile visibility. By default, your Profile is not for public viewing. Your photos, posts, friends, and other content you post through the Services are also meant for pubic consumption. We may display this content through the Services and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Information in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
Your Choices Regarding Your Information
- Email Communications. We will communicate with you primarily in the form of push notifications and emails. You can manage the frequency and/or opt out of receiving these communications by changing your settings on your mobile device and/or clicking the “Unsubscribe” link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you administrative communications (e.g., emails related to your Account), though please note if you disable push notifications on your mobile device you may not be able to receive or view such administrative communications we send you via push notification.
- Cookies. If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services.
- De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
- You can stop all collection of information by the Mobile App by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. To serve ads in our Mobile App where Cookie technology is not available, WOKEALLY hashes users’ device ID. Users may choose to reset or opt out of anonymous IDs at any time. You may at any time opt-out from further allowing us to have access to your location data by disabling location services on your mobile device.
Information Disclosed to Third Parties
Mobile App & Services, Specifically. We may also collect non-personal information from your mobile device if you have downloaded our Mobile App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Mobile App and information about the type of device you use. In addition, in the event the Mobile App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Mobile App. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
How We Respond to Do Not Track Signals
We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on the Website.
WOKEALLY App Guidelines:
WOKEALLY Community Guidelines are here for YOU. To make WOKEALLY a place where everyone can unapologetically be themselves, feel safe and build wonderful relationships that are based on trust, identity and community.
What we LOVE seeing:
- There will be lots of opinions in the community – respect others comments, engage in fun humour and be appropriate. No judgement, no drama.
- We want to encourage love, open minds, and comfort.
- Trust that everyone in the app is here with good intentions. If someone says something that is unintentionally hurtful, name it. This could lead to a better understanding for the person and the community.
- Diverse content to connect the commonalities among people in the community
- Show value in each other. People take the time out of their day to be vulnerable, open and themselves. Acknowledge each other, comment, have discussions and pay it forward
- These communities are for LGBTQ+ womxn, trans and non-binary people to be able to discuss and share in a space that is exclusively for them. Respect is absolutely required when engaging with other WOKEALLY Community Members
- Have a good time:
- Whether in person or on the app, we want you to fully enjoy the community we have within WOKEALLY
- Post links, questions, gifs and comment on posts related to the communities you have joined and the topics they are about
- This is an area for you to connect with more people. Ask a question, start a photo thread, share what’s trending and join the conversation
- It is required to have a profile image of yourself to verify your identity. We understand not everyone feels comfortable/safe enough to do so, we will be releasing a tool in the near future to help with this.
- Only post photos of yourself. Don’t post photos of anyone else, unless you are included in the image. If it doesn’t belong to you, don’t share it.
- Third party content can be shared, but don’t take credit for content that is not yours.
- No Copyright/Revenge Posts: This Community will not tolerate revenge porn, posts from Pornhub, Redtube, etc., trafficking, or selling of photos. If it doesn’t belong to you, don’t post. If this has happened to you, please share the post to [email protected] so we can remove it immediately.
Speaking of Photos and Posts:
Here’s what not to do:
- NUDES – sorry, we can’t #freethenipple in the entire app until Apple & Google change their policies. Please keep everything covered. This means no genitals, no nipples, butts, etc. we want to keep the app open for you all to connect. Any posts of this nature could result in removal from the app
- NO bullying or shaming behaviour – here you can sit with us. Everyone has their preference, do not judge if they are different than your own. No hate speech, unnecessary drama, fighting, vulgar language, triggers, etc.
- NO fake news. Just. Don’t.
- NO self advertising. Kik, Instagram handles, snapchat, phone numbers, etc. all that can go down in the DM’s, We want to keep the space active for users to engage, not another platform to gain followers
- NO purposeful triggers. Everybody has a story, be respectful
- NO spamming or scamming. This means personal information, posting the same thing in every community, social media handles, cashapps, etc. You will be warned, and if you continue then you will be removed from the app.
- NO cross posting. Any post seen more than 5 times (either in one Community or across more than one Community) will be removed
Any post or profile is at liberty to be removed by WOKEALLY staff or WOKEALLY moderators if they do not comply with the community rules
All WOKEALLY users are automatically a member of this community. We are all different shapes, sizes, colours, identities and that’s pretty badass that we can share this space together. We have a zero tolerance policy on WOKEALLY for any phobic, discriminatory, aggressive, shaming, abusive/harassing, racist, sexist, ableism, ageism, trolling, attacking and/or graphic behaviour. Treat people the way you want to be treated (as cheesy as it sounds, you know it’s true) and report those who aren’t following these guidelines in any way, shape or form. Profiles are at liberty for being removed from the in app space if these behaviours are displayed.
Age is only a number…
And in this case the number is 18+. No one under the age of 18 is allowed on the app. We know FOMO is real, but you can follow us on all of our social media platforms until you reach 18 ?
As much as we love unicorns, please don’t come to find yours within the app. Community members are not here to fulfill a fetish, there are other spaces for this. Open relationship? Polyamory? Loving freely? Awesome! Anything else will be removed from the app
Any behaviour breaking the law of your local territory will be removed and made available to relevant authorities.
Profiles are suspended for breaking any of the community guidelines, engaging in illegal activity and fake profiles. If you feel that your profile does not fit the reasons listed above, please contact [email protected] with the following information:
- Email address linked to your Facebook account
- Your Instagram username
- Phone number
- First and Last Name and/or Nickname on the app
In App Safety:
Fake people and Fake profiles have no place on WOKEALLY. While we do all we can to prevent this from occurring, we want you to have the resources to safely navigate this online space. If at any point you feel unsafe, uncomfortable or that the person you are talking with is suspicious please do the following:
- Report the profile by tapping the “^” arrow on their profile. Scroll to the bottom of their profile and select “Report” or “Report Profile” and select the reason you are reporting
- If it is a more serious issue and you feel in danger, please contact local authorities and then share the profile to [email protected] before reporting the profile
- To share the profile you tap the “^” arrow on their profile > scroll to the bottom of their profile> Choose share profile button
- Please read about scammer safety here
We have moderators within each community. Moderators are volunteers who are giving their personal time to help keep the community a safe space for everyone. They can’t see every comment or read every post, but they work extremely hard to review. It is important that as a community member, if you see a post or comment that breaks community guidelines to please report it so that we can get it removed as quickly as possible. If you see something that needs to be dealt with immediately, you can also send the link/post/profile to [email protected] to be removed. If you are ever interested in being a moderator, reach out to the moderators of the community you are interested in and they will be happy to discuss with you.
We understand everyone has battles that they are working through. Here are some resources to help you fight, and seek the support you need. You’ve got this. Most of these resources are available in the USA, Canada, U.K and Australia, but have links to worldwide resources.
- PFlag – PFlag is the nation’s largest family and ally organisation.
- GLAAD: Transgender Resources – GLAAD amplifies the voices of the LGBT community by ensuring that the stories of LGBT people are shared through the media
- OStem – Out in science, technology, engineering and mathematics is a non-profit professional society focused on LGBTQ people in the STEM community
- The Canada Lifeline – a registered non-profit committed to positive mental health and suicide prevention in Canada and Worldwide
- Australia ReachOut – ReachOut is Australia’s leading online mental health organisation
- Black Dog Institute – a translational research institute that aims to reduce the incidence of mental health illness and the stigma around it
Questions about the community guidelines? You can ask questions in the WOKEALLY community or contact [email protected]
No glossary could encompass the range of identities and terms that are used within LGBTQA communities. If you hear a term you don’t recognize, or feel like someone is using a term in a new way, ask the individual what the term means to him or her. This glossary is meant as an introduction to the community, and is not the definitive answer as to how everyone understands these terms.
Woke: as a political term which refers to a perceived awareness of issues concerning social justice and racial justice. The grammatical aspect refers to a continuing awareness of these issues.
Ally: An ally is a person who confronts heterosexism, sexism, homophobia, biphobia, transphobia, etc., in themselves and others out of self-interest and a concern for the well-being of LGBTQ people, and who is committed to social justice and equal rights.
WOKEALLY = WOKE + ALLY
Androgynous: Gender expression that falls somewhere in between masculinity and femininity, or perhaps on some other dimension all together.
Aromantic: Someone who does not experience romantic attraction to others.
Asexual: Someone who does not experience sexual attraction towards other people, and who identifies as asexual. May still have romantic, emotional, affectional, or relational attractions to other people. Asexuality is distinct from celibacy, which is the deliberate abstention from sexual activity. Some asexuals do have sex. There are many diverse ways of being asexual. Sometimes shortened as “ace.”
Agender: Without gender. Often used as an identification for people who do not identify with or conform to any gender.
Bigender: Having two genders; exhibiting cultural characteristics of male and female roles.
Biphobia: Fear or hatred of people who are bisexual, pansexual, omnisexual, or nonmonosexual.
Bisexual: A person who is emotionally, romantically, sexually, affectionately, or relationally attracted to both men and women, or who identifies as a member of the bisexual community. Also referred to as “bi-affectionate” or “bi.”
Cisgender: A term for individuals whose gender identity generally matches with that assigned for their physical sex. In other words, a person who does not identify as transgender. Derived from the Latin root “cis,” meaning “on the same side.”
Closeted: Used as slang for the state of not publicizing one’s sexual/gender identity, keeping it private, living an outwardly heterosexual/cisgender life while identifying as LGBT, or not being forthcoming about one’s identity. At times, being in the closet also means not wanting to admit one’s identity to oneself.
Coming Out: To disclose one sexual identity or gender identity. It can mean telling others or it can refer an internal process of coming to terms with one’s identity. In some situations, a heterosexual ally may feel the need to come out about her or his identity.
Crossdresser: Individual who dresses in clothing usually associated with a sex that differs from the one assigned at birth. This is done for a variety of personal reasons. Crossdressing is not indicative of sexual orientation. This term replaces the sometimes pejorative term transvestite.
Demisexual: A person who may experience sexual attraction after a strong emotional attachment is formed. May be seen as falling on the asexual spectrum.
Drag: A public performance that involves playing with gender norms and expectations. Often refers to a man who wears women’s clothing (a drag queen), or a woman who wears men’s clothing (a drag king).
FTM: Female-to-male transsexual or transgender person. Probably identifies as a trans man. Someone assigned female at birth who identifies on the male spectrum.
Gay Male: A man who is emotionally, romantically, sexually, affectionately, or relationally attracted to other men, or who identifies as a member of the gay community. At times, “gay” is used to refer to all people, regardless of gender, who have their primary sexual and or romantic attractions to people of the same gender. “Gay” is an adjective (not a noun) as in “He is a gay man.”
Gender: A socially constructed system of classification that ascribes qualities of femininity and masculinity to people. The attributes of gender can change over time and differ between cultures. Terms for gender identity include woman, man, genderqueer, and agender.
Gender Confirmation Surgery (GCS): The procedures that some trans individuals might undergo so their external bodies can better reflect their internal gender identities. Other names involve sexual reassignment surgery and gender affirmation surgery. These procedures may be called “top surgery” (e.g. reshaping a chest or providing breast augmentation) and “bottom surgery” (e.g. reshaping genitals).
Gender Expression: How one expresses oneself externally, in terms of dress, speech, and mannerisms that society characterizes as “masculine” or “feminine.”
Genderfluid: A person who shifts in gender identity and/or gender expression. May be a gender identity itself. Refers to the fluidity of identity.
Gender Identity: A person’s internal sense of their own gender. Cisgender, transgender, man, woman, and genderqueer are all examples of gender identities.
Genderism: The belief that there are, and should be, only two genders and that one’s gender is inevitably tied to one’s assigned sex.
Gender Non-Conforming: A person who does not subscribe to gender expressions or roles expected of them by society.
Genderqueer: A person whose gender identity and/or gender expression falls outside of the masculine/feminine gender binary.
Heteronormativity: Processes through which social institutions and policies reinforce the notion that there are only two possibilities for sex, gender, and sexual attraction: male/masculine/attracted to women and female/feminine/attracted to men.
Heterosexism: Norms and behaviors that result from the assumption that all people are or should be heterosexual. This system of oppression assumes that heterosexuality is inherently normal and superior and negates LGBTQ peoples’ lives and relationships.
Heterosexual: A person who is emotionally, romantically, sexually, affectionately, or relationally attracted to members of a different sex. Often called a straight person.
Homophobia: Fear of, hatred of, or discomfort with people who love and sexually desire members of the same sex. Homophobic reactions often lead to intolerance, bigotry, and violence against anyone not acting within socio-cultural norms of heterosexuality. Because most LGBTQ people are raised in the same society as heterosexuals, they learn the same beliefs and stereotypes prevalent in the dominant society, leading to a phenomenon known as internalized homophobia.
Homosexual: The clinical term, coined in the field of psychology, for people with a same-sex sexual attraction. The word is often associated with the idea that same-sex attractions are a mental disorder, and is therefore offensive to some people.
Hormone Replacement Therapy (HRT): The process by which trans individuals choose to take a prescription of artificial hormones. For trans women, that may include estrogen as well as testosterone-blockers. For trans men, testosterone, or T.
Intersex: Term used for a variety of medical conditions in which a person is born with chromosomes, genitalia, and/or secondary sexual characteristics that are inconsistent with the typical definition of a male or female body. The term differences of sex development (DSD) also describes these conditions. Replaces the inaccurate term “hermaphrodite.”
Lesbian: A woman who is emotionally, romantically, sexually, affectionately, or relationally attracted to other women, or someone who identifies as part of the lesbian community. Bisexual women may or may not feel included by this term.
LGBTQIAA: Abbreviation for Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex, Asexual and Ally. An umbrella term that is used to refer to the community as a whole. Often shortened to LGBT or LGBTQ, but not as a means to exclude other identities.
Lifestyle: A word often used outside the LGBTQ community to describe life as an LGBTQ person, e.g. “the homosexual lifestyle.” Many people find this word inappropriate because it trivializes identity, implies that sexual orientation is a choice, and ignores the variety of lifestyles that LGBTQ people live.
Mono-amorous: The state or practice of having a single romantic relationship during a period of time.
MSM: An abbreviation for men who have sex with men. This term emphasizes the behavior, rather than the identities of the individuals involved.
MTF: Male-to-female transsexual or transgender person. Probably known as a trans woman. Someone assigned male at birth who identifies on the female spectrum.
Non-binary: An umbrella term describing anyone whose gender identity falls outside the binary of woman/man.
Omnigender: Possessing all genders. The term is specifically used to refute the concept of only two genders.
Pangender: Exhibiting characteristics of multiple genders; deliberately refuting the concept of only two genders.
Pansexual: A person who is emotionally, romantically, sexually, affectionately, or relationally attracted to people regardless of their gender identity or biological sex. Use of the term often signals a repudiation of the concept of binary sexes (a concept implied by “bisexual”).
Polyamorous: The state or practice of having more than one romantic relationship during a period of time.
Queer: Term describing people who have a non-normative gender identity, sexual orientation, or sexual anatomy — can include lesbians, gay men, bisexual people, transgender people, and a host of other identities. Since the term is sometimes used as a slur, it has a negative connotation for some LGBT people; nevertheless, others have reclaimed it and feel comfortable using it to describe themselves.
Questioning: Refers to individuals who are in the process examining their sexual orientation and/or gender identity.
Romantic Orientation: A way of characterizing one’s attraction to other people characterized by the expression or non-expression of love/romance/non-sexual interaction. People use a variety of labels to describe their romantic orientation, including aromantic, homoromantic, and heteroromantic.
Same-Gender Loving (SGL): How some African Americans prefer to describe their sexual orientation, seeing “gay” and “lesbian” as primarily white terms. “Same-sex loving” is also in use.
Sex: A biological term dividing a species into male or female, usually on the basis of sex chromosomes (XX = female, XY = male); hormone levels, secondary sex characteristics, and internal and external genitalia may also be considered criteria. Terms to describe sex include female, male, and intersex.
Sexuality: The complex range of components which make us sexual beings; includes emotional, physical, and sexual aspects, as well as self-identification (including sexual orientation and gender), behavioral preferences and practices, fantasies, and feelings of affection and emotional affinity.
Sexual Fluidity: The concept that sexual orientation can vary across the lifespan and in different contexts. This does not mean that it can be changed through volition or therapy.
Sexual Orientation: An enduring emotional, romantic, sexual, and/or affectional attraction. Terms include gay, lesbian, heterosexual, bisexual, pansexual, and asexual. Sexual orientation is fluid, and people use a variety of labels to describe their own.
SGM: An abbreviation for sexual and gender minorities. Used as an umbrella term rather than as an identity for a specific person, particularly in international contexts.
SOGI: An abbreviation for sexual orientation and gender identity.
Stealth: A description for people who, after beginning their transition and living as their preferred genders, do not readily tell others about their pasts, specifically their birth-assigned genders. Others may choose to be more or less open about their trans statuses.
Third Gender: A term for those who belong to a gender category not recognized in the Western binary. For example, Native American two-spirit people, hijra in India, kathoeys in Thailand, and travestis in Brazil. Recognizes that people’s identities are specific to their culture.
Transgender: An umbrella term for those individuals whose gender identity does not match with that assigned for their physical sex. Includes, among others, transsexuals, genderqueer people, and crossdressers. In its general sense, it refers to anyone whose behavior or identity falls outside of stereotypical expectations for their gender. Transgender people may identify as straight, gay, bisexual, or some other sexual orientation. Sometimes shortened as trans or trans*.
Transition: An individualized process by which transsexual and transgender people move from living as one gender to living as another gender. There are three general aspects to transitioning: social (e.g. name, pronouns), medical (e.g. hormones, surgery), and legal (e.g. gender marker and name change). Each path through transition is unique to the individual.
Transsexual: Term referring to a person whose gender identity consistently differs from what is culturally associated with his/her biological sex at birth. Some choose to physically change their body so it matches their gender identity. Use caution with this term as many trans people do not identify with it.
Transphobia: Fear of, hatred of, or discomfort with people who are transgender or otherwise gender non-normative.
Two-Spirit: Contemporary term chosen to describe certain Native American and Canadian First Nation people who identify with a third gender, implying a masculine and a feminine spirit in one body. Replaces the problematic term berdache.
WSW: An abbreviation for women who have sex with women. This term emphasizes the behavior, rather than the identities of the individuals involved.