Terms of service

Every company has its terms. These are ours.

These Terms of Service ("Terms") govern your access to and use of the Walden Pond website ("Walden Pond" or the "Service"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Walden Pond, you agree to be bound by these Terms and our Privacy Policy.

1. Our service

Walden Pond helps you read the content that you want to read, and lets you get offline to do it. It’s customized to you. We need to know what you like to build Walden Pond for you.

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

2. Using Walden Pond

You cannot use Walden Pond if you're under 13 (or older in some countries).

a. Who can use Walden Pond

You may use Walden Pond only if you can legally form a binding contract with Walden Pond, and only in compliance with these Terms and all applicable laws. When you create your Walden Pond account, you must provide us with accurate and complete information. You can’t use Walden Pond if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Walden Pond if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Walden Pond has been provided to us.

b. Our license to you

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

3. Your content

a. Posting content

If content ends up in your Walden Pond, it doesn't change who it belongs to.

Walden Pond prints articles that you have permission to view. Anything that you make available through Walden Pond is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Walden Pond. The relationship you have with the service that saves your content for you likely superscedes these Terms, as Walden Pond is a mechanism for viewing content.

b. How Walden Pond and other users can use your content

We might use your history to do aggregate statistics that we show to everyone, or to do personalised stats that we just show to you.

You grant Walden Pond permision to use the data that we have access to to produce statistical content that is shown to a wider audience in a way that does not disclose any persionally identifiable information. Walden Pond may also produce content that is identifiable, but is viewable only by the person that that information is about.

c. How long we keep your content

If you choose to post content, you give us permission to use it to provide and improve Walden Pond.

Following termination or deactivation of your account, or if you remove any User Content from Walden Pond, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes.

d. Feedback you provide

We can use your suggestions to make Walden Pond better.

We value hearing from our users, and are always interested in learning about ways we can make Walden Pond more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Walden Pond doesn’t waive any rights to use similar or related feedback previously known to Walden Pond, or developed by its employees, or obtained from sources other than you.

4. Copyright policy

We respect copyrights. You should, too. However, most copyright issues happen upstream of us.

Walden Pond is a paper-based client for reading content later. To that end we don't store any of your content, if you think that there's an infingement of copyright you should consider taking it up with the saving service, for example, Pocket's copyright page is here.

5. Security

You can help us fight spammers by keeping these security tips in mind.

We care about the security of our users. While we work to protect the security of your content and account, Walden Pond can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

6. Third party links, sites, and services

Walden Pond has links to content off of Walden Pond. Most of that stuff is awesome, but we're not responsible when it's not.

Walden Pond may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Walden Pond. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Walden Pond, you do so at your own risk and you agree that Walden Pond has no liability arising from your use of or access to any third party website, service, or content.

7. Termination

We reserve the right to refuse service to anyone, but we will provide appropriate notice.

Walden Pond may terminate or suspend your right to access or use Walden Pond for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.

8. Indemnity

If we are sued because of something you do on or with Walden Pond, you have to pay our costs.

You agree to indemnify and hold harmless Walden Pond, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.

9. Disclaimers

Walden Pond is passed content from your saving service, we don't filter your content, so if you're offended by something in your edition, that's on you because you put it there.

Our Service and all content on Walden Pond is provided on an "as is" basis without warranty of any kind, whether express or implied.

Walden Pond specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Walden Pond takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

10. Limitation of liability

We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.

To the maximum extent permitted by law, Walden Pond shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content. In no event shall Walden Pond's aggregate liability for all claims relating to the service exceed one hundred U.S. dollars (U.S. $100.00).

If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Walden Pond’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Walden Pond isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

11. Arbitration

For any dispute you have with Walden Pond, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Walden Pond account. If Walden Pond hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Walden Pond are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Walden Pond account.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Walden Pond agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Walden Pond will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Walden Pond ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Walden Pond or our Service isn’t arbitrable under applicable laws or otherwise: you and Walden Pond both agree that any claim or dispute regarding Walden Pond will be resolved exclusively in accordance with Section 12 of these Terms.

If you're a consumer in the EEA, Section 11 doesn't apply to you.

12. Governing law and jurisdiction

It doesn't matter where you are you'll have to sue us here. (In the EEA you can sue us in your home courts.)

These Terms shall be governed by the laws of the State New South Wales, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is New South Wales.

If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.

13. General terms

Notification procedures and changes to these Terms

If we're making a big change to the terms, we'll let you know. If you don’t like the new terms, please stop using Walden Pond.

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Walden Pond after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Walden Pond.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Walden Pond without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you’re a consumer in the EEA, either you or Walden Pond may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Walden Pond, you are entitled to terminate the agreement with immediate effect by deactivating your account. Walden Pond will provide you with reasonable notice of any such assignment.

Entire agreement/severability

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

No waiver

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

Parties

Who you deal with depends on where you live.

These Terms are a contract between you and Walden Pond, 111, 1–13 Garners Ave. NSW, 2204, Australia.

Effective May 1, 2020