Kong is a quick and easy place to express yourself, and interact with new and familiar faces.
Don't be mean to others through Kong. It doesn't matter who started it. Really.
Try to create Kong posts related to the #channel. At least pretend to drink coffee in #coffee.
Others could record your Kong posts. We'll try to let you know if someone screenshots it.
Let's keep Kong free of spam. It only belongs in cans and Monty Python songs.
Avoid sharing stuff that would offend others on Kong. We don't want to see you naked.
Don't create Kong posts featuring illegal activities, or use Kong for any nefarious purposes.
Kong is a simple way to create GIF selfies to share with friends.
Scroll to the top of the channel. Press and hold on the circle to record.
Tap on your camera view (top left tile). Keyboard will launch. Type!
Swipe left or right to change filters and fonts.
Home is your default channel where you can follow friends. You will see Home posts of people you follow.
You can think of your Home post as your status update.
A channel can be many things! It's a collection of members' posts. Each member of a channel has one post per channel.
Public channels are places to share themed posts (e.g. #badhair, #emoji), or posts about the same topic (e.g. #philz, #sanfrancisco).
Private channels are places to share posts with a select group of people. Posts in private channels can only be seen by members invited to the channel. People use private channels in many ways - sometimes like a group message for friends or family - sometimes like an alternative status update for classmates and colleagues.
Some channels live forever. Others live for a night.
Private channels that are inactive for a while are deleted.
To start a channel, simply:
To join a channel, simply type in the channel name and post to it!
Extra points for posts that fit the channel! Posting in #emoji? Think about adding an emoji :) #badhair? Try first thing in the morning or right after a work-out. :)
To join a private channel, a member of channel needs to add you to the channel.
Press on + on any channel or from home and invite friends by any of the options listed (SMS, Email, Twitter, etc.)
Tap on + at the bottom of any channel and invite people via iMessage, Facebook, Twitter.
On Android you can invite people using additional apps that are installed on your phone.
You can also always point your friends to www.kong.wtf to download the app.
Each time you post, you can immediately choose to share your post. You can also tap on your post in any channel and then tap the share button.
On iOS, you can share to Twitter, Instagram, iMessage, Email, Facebook. You can also tap More... to share using iOS8 extensions.
On Android, you can share your posts using the apps downloaded on your phone.
Each time you post, you can immediately choose to save your GIF or video from the menu that appears.
You can also tap on your posts in any channel, tap the share button, and then save your post from the menu.
Easy! Just download the app from www.kong.wtf, and sign up with a username and password.
On iOS, press on the channel name (next to the hashtag) to open the channel list. Swipe left on the channel you want to leave and press LEAVE.
On Android, press and hold on the channel name in the channel list. When asked if you want to leave the channel, tap yes.
Leaving a channel will delete your post from that channel.
Press on the channel to open the channel list. Scroll to the bottom of the list of channels. Press sign out. (Don't forget your username!)
If you want to delete your Kongs, simply leave all the channels you have posted in. Don't forget that new posts replace old posts in a channel - so that's another way to delete your post.
If you want to delete your account, contact us at: hello@kong.wtf
Terms are at www.path.com/terms
Privacy policy is at www.path.com/privacy
There's no way to reset passwords yet! Try making a new account instead!
❤️ @username #channel
Someone with the mentioned username liked your post in the specified channel.
💌 @username added you to #channel
Someone with the mentioned username added you to the specified channel.
@username #channel
Someone with the mentioned username posted to the specified private channel.
📷 @username #channel
Someone with the mentioned username took a screenshot of the specified channel.
We’ve tried to make our Terms of Use and Privacy Policy (collectively, the “Terms”) as simple and straightforward as possible, but please read them carefully. The Terms exist to keep Path and Kong fun and safe. Please be respectful of others. We want you to be able to communicate and express yourselves freely and creatively!
The Terms govern and apply to your access and use of www.path.com and other websites operated by Path, Inc. (“Path”, “we” or “us”) on which a link to the Terms is posted (“Site”) and Path’s mobile apps in which the Terms are made available (collectively, “Apps”). The Site and the Apps are collectively referred to as the “Service.”
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “SIGN UP” ON THE SITE OR BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE APP(S) OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE PRIVACY POLICY. By accessing or using our Service, you agree to be bound by all of the terms and conditions described in the Terms. If you are not eligible or do not agree to all of the Terms, do not use our Service.
You acknowledge and agree to the following:
Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App(s) from a legitimate marketplace (such as Apple’s App Store or Google Play) to your mobile device, and to access and use the Service, in each case, for your own personal use. You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.
In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. or Google (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Path is not responsible for any act or omission of any Service Provider. Path does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify Path immediately to suspend services.
In order to access and use the Service, you may need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide your mobile number in order to verify your Account by text message. Please be aware that your Carrier’s text messaging fees apply for mobile number verification. When creating an Account, you also may be required to provide certain personal information about yourself and will establish a username and a password. We reserve the right to remove or reclaim a username if we believe it is appropriate, for example, if your username suggests that you are a person other than yourself.
You agree to provide and maintain accurate, current and complete information about your Account, including without limitation your mobile phone number. Without limiting the foregoing, in the event you change or deactivate your mobile phone number, you will update your Account information promptly to ensure that your messages are not sent to the person who acquires your old number.
When creating an Account, don’t:
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, then you must immediately notify us at service@path.com.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Access to the Service, or to certain features of the Service, may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. The Privacy Policy is incorporated by reference into these Terms.
Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you make available to the Service, including without limitation its legality, reliability, and appropriateness. You retain any and all of your ownership rights to any Content you make available on or through the Service and you are responsible for protecting those rights.
By making Content available on or through the Service (other than the “Talk” App), you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Without limiting the foregoing, you agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to the Terms. By making Content available on or through the “Talk” App, you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to reproduce and distribute such Content to the intended recipient through the “Talk” App.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed on the Service and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You also have the option of either temporarily disabling or permanently deleting your Account by visiting your Account settings in most Apps. If an App does not have Account settings, you can contact us to temporarily disable or permanently delete your Account. For some Apps, you may only have the option of permanently deleting you Account. If you disable your Account, we log you out of your Account and cease sending you push notifications, but we will save your information (including without limitation your Content) in case you later decide to reactivate your Account. Your profile and Content will still be visible by other users. If you delete your Account, we will permanently delete your Account information and Content, and we will delete your messages according to our regular retention schedule. Please note that we will continue to store certain information (including without limitation your Content) for analytics purposes, but that information will not include your personal information such as name, email address, or telephone number. We will also retain any information (including without limitation your Content) as required by law. Comments or emotions you make on Content shared by others, or messages you send, may also remain visible to other users after you delete your Account.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and to grant us the right and license granted in the Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our on-line community and other users when posting Content and using the Service. You agree not to:
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service.
Since the Service may not always be available and your Content on the Service may not always be available, you agree not to rely on the Service for the purposes of Content access, storage or backup. Path will not be liable to you for any modifications, suspension or discontinuation of the Service or the loss of any Content.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, including relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. If notified by a user or content owner that Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at dmca@path.com or by mail at Copyright Agent, c/o Path Inc., 301 Howard St. Suite 2200, San Francisco, CA 94105.
Path will promptly terminate the Accounts of users that are determined by Path to be “repeat infringers." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Content repeatedly removed from the Service.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including without limitation spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, interfere or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing; or (vii) interfere with any user’s enjoyment of the Service, including without limitation by (a) making unsolicited offers or advertisements to other users of the Service or (b) attempting to collect, personal information about users or third parties without their consent. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.
You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. Path may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
Our Service (including without limitation the App(s)) is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service (including without limitation the App(s)), including all associated intellectual property rights. Except as expressly provided in the Terms, you may not make use of the Service, and Path reserves all rights to the Service. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including without limitation the App(s)). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (including without limitation the App(s)) (“Feedback”) will be the sole and exclusive property of Path and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the provisions of the Terms, your permission to use the Service will terminate automatically. Additionally, we have the right in our sole discretion to suspend or disable your access to or use of the App(s) and/or Service or to terminate your Account and the Terms at any time, with or without notice. You may terminate the Terms at any time, with or without notice, by deleting your Account and discontinuing all access to and use of the Service. If you or we terminate or delete your Account or terminate the Terms, you will promptly remove all copies of the App and parts thereof from your possession and control. Upon termination of the Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, this sentence and the following provisions: the last paragraph of “Use of the Service,” as well as “Payment,” “Privacy Policy” (for information provided during the duration of the Terms), the license you grant in “Content Submissions,” “Copyright Policy,” “Indemnity,” “Links to Third Party Sites,” “Ownership,” “Limitation of Liability,” “Exclusions,” “General,” “Dispute Resolution and Arbitration,” and “Special Terms Regarding Apple.”
YOU UNDERSTAND AND AGREE THAT SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS OR BE FREE OF ERRORS OR HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) AND YOUR DEALINGS WITH OTHER SERVICE USERS.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO USD $100.00. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OBTAINED FROM THE SERVICE); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. To the extent that any lawsuit or court proceeding is permitted under the Terms, you and Path agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes. We operate the Service from our offices in California, and we make no representation that the Service is appropriate or available for use in other locations. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
In the interest of resolving disputes between you and Path in the most expedient and cost effective manner, you and Path agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND PATH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Path will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Path.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, via the email address associated with your Path account ("Notice"). Path's address for Notice is: Path, Inc., Attention: General Counsel, 301 Howard Street, Suite 2200, San Francisco, CA 94105. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Path may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Path shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Path shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Path in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
In the event that you commence arbitration in accordance with the Terms, Path will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your home address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Path for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND PATH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Path agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that Path makes any future change to this arbitration provision (other than a change to Path's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Path's address for Notice, in which case your Account shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If the class action waiver two paragraph(s) above is found to be unenforceable or if the entirety of this Dispute Resolution and Arbitration section is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in in the General section shall govern any action arising out of or related to the Terms.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing.
If you are a California resident, you may have the Terms mailed to you electronically by sending a letter using the contact information provided in the “Questions & Contact Information” provision with your electronic mail address and a request for the Terms. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
The Places messaging feature of the Service is a communications service that enables you to send messages to and receive responses from businesses identified through the feature (“Place(s)”), as communicated through our agents.
Our goal is to communicate, in a timely and accurate manner, the messages that you send to and the responses you receive from Places. However, we have no control over, or responsibility for, the quality, suitability, safety, legality or any other aspect of any Places or their products or services, including the accuracy or reliability of their responses, and we make no representations, warranties or guarantees in connection with any of the foregoing. We do not conduct any screening or other verification with respect to Places, their representatives, products, services and responses. You acknowledge sole responsibility for and assume all risk arising from your communications and other interactions with the Places, their representatives, products, services and responses, including any information that you choose to provide to Places and their representatives through the Service. You release us and our affiliates (and our respective officers, directors, employees, agents and representatives) from any and all claims, demands and damages (actual, consequential and otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and any Place. If you feel that a response from a Place is not appropriate, please contact us immediately at service@path.com; however, we have no obligation to be involved in resolving any dispute between you and a Place related to or arising out of the Service.
You agree to be a courteous user of the Service and subject to any applicable policies of a Place, to abide by and be fully responsible for any appointment, reservation, order or similar commitment that you make with such Place through the Services. In addition, you agree that you are solely responsible for identifying, reviewing and understanding the applicable policies of any Place.
We don’t have an obligation to monitor, review or edit any messages that you may send to Places or responses that you may receive, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or not transmit any messages or responses that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service. We may set a limit on the number of messages that you may send to or responses that you may receive from Places through the Service, at our sole discretion.
By submitting messages through the Places messaging feature, in addition to the rights that you grant us for any Content that you make available through the “Talk” App, you also grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such messages, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
The Services are offered by Path, Inc., located at 301 Howard Street, Suite 2200, San Francisco, CA 94105. Please contact us if you have any questions about our Terms. You may contact us by sending correspondence to the foregoing address or by emailing us at service@path.com.
Effective Date: April 14, 2015
Thanks for visiting our Privacy Policy. At Path, we are committed to protecting your privacy, and we believe in being transparent about what information we collect and how we use it. In keeping with these principles, our Privacy Policy explains how Path and its corporate affiliates (“Path,” “we” or “us”) collect, use, and share information when you register for and use our websites on which a link to this Privacy Policy is posted (including www.path.com) or our mobile applications in which this Privacy Policy is made available (collectively, our “Services”). This Privacy Policy reflects our current data collection, use, and sharing practices. We encourage you to keep your mobile applications up to date.
This Privacy Policy operates alongside our Terms of Use and covers the following:
In order to provide you with our Services, we collect certain information from you when you register and interact with our Services. The information we gather falls into two categories: information you actively provide (for instance when you create an account), and information we collect through your use of our Services.
We may receive information about you from other users, such as when they connect their address book to our Services, invite you to use our Services, post a photo of you, or include you in a moment or at a location.
We use this information for the purposes described below:
We will not share the information we have collected from you except as described below:
We will share your information, including personal information, location information, friends list, and moments with certain social networking or other third party applications or services, if you choose to connect them to our Services.
We will share your information with service providers and other third parties who are working with us to perform functions and process user data on our behalf. We may share information with third party partners in order to understand how you interact with advertisements. To opt out of sharing information with third party partners for advertising purposes, please send an email to opt-out@adjust.com from the email address you used to register your Path account. Service providers have access to your personal information only to perform services on our behalf and are obligated not to disclose it or use it for any other purposes). Some of these service providers and other third parties, such as analytics providers, may collect information about your online activities over time and across different websites or online services when you use our services. We are not responsible for the actions of third parties, nor are we responsible for any additional information you provide directly to any third parties.
You may be able to access and modify certain profile information or delete content you have posted through our Services. You can either temporarily disable or permanently delete your account through our Services. For some Services, you may need to contact us to temporarily disable or permanently delete your account, and for some services you many only be able to permanently delete your account.
If you disable your account, we log you out of your account and cease sending you push notifications, but we will save your information in case you later decide to reactivate your account. Your profile and content will still be visible by other users.
If you delete your account, we will permanently delete your account information and moments and we will delete your messages according to our regular retention schedule. Please note that we will continue to store certain information for analytics purposes, but that information will not include your personal information such as name, email address, or telephone number. We will also retain any information as required by law. Comments or emotions you make on content shared by others, or messages you send, may also remain visible to other users after you delete your account.
Our settings may allow you to adjust certain sharing preferences, including the automatic sharing of your location with others. Please carefully use our Services and review your account settings.
Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from Path, you may opt out by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about your account and our Services.
The Places feature in Talk allows you to submit inquires or requests to other businesses through us. Here’s how it works: you message us, we contact the business, and we provide you with a response. We store the messages you send us and may use them to provide, improve, and enhance our Services, make recommendations, and show you advertisements for products and services that we think may be of interest to you. We also use information we collect through Places as described in this Privacy Policy.
If you use Places, we may provide your personal information such as name, telephone number, or address to a business in order to facilitate your request, such as making a reservation or appointment. We display a sampling of messages that users have submitted using Places. The messages you send using Places may be included in the sample messages and, if they are, will be viewable by other Talk users. However, we will only display the content of the messages and not any associated account or other identifiable information. If you delete your account, sample messages will continue to be displayed. We also share information we collect through Places as described in this Privacy Policy.
Places is a messaging service and is not meant to facilitate the payment of goods or services. Users should not provide any payment or other sensitive personal information when using Places.
If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there (or in any other country in which we operate). By using our Services, you consent to the collection, transfer, use, storage, and disclosure of your information as described in this Privacy Policy.
Our Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will delete such information.
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
Any information that is collected is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise our privacy policy from time to time. If we make any material changes to this policy, we will notify you of such changes by posting them on this page or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use our Services after those changes become effective, you are agreeing to be bound by the revised policy.
Please contact us at service@path.com if you have any questions about our Privacy Policy.
Effective Date: April 14, 2015