Terms of Service
Effective Date: January 23, 2020
Acceptance of Terms
Using or Accessing the Wachanga Service
Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on Wachanga to provide you any particular service or access to any Service.
You agree that you (a) have provided true, accurate, current, and complete information to the Social Networking Site and Wachanga in connection with any use or access of the Service; and (b) will maintain and update this information to keep it true, accurate, current, and complete. We reserve the right to terminate your access to the Service in the event we learn or believe any information provided may be false, inaccurate, not current, or incomplete.
If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Although the Service has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on the Service may be incomplete, may contain errors, or become out-of-date. Wachanga makes no commitment and expressly disclaims any duty to update any of the content on the Service. Wachanga reserves the right to add, modify, or delete any information on the Service at any time.
Limitations on Your Use
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Wachanga in its sole discretion) an unreasonable or disproportionately large load on Wachanga’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted in connection with the Service; (c) bypass any measures Wachanga may use to prevent or restrict access to the Service; or (d) provide any information, including but not limited to email addresses or telephone numbers of friends, if you do not own or have permission to use.
The Service is provided only for your own personal use.
Your Agreement to User Conduct Rules and Regulations
You agree and warrant that your User Content is wholly original to you and you exclusively own all the rights to or have all rights to use your User Content.
Wachanga makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Service and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to Wachanga nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:
a. with respect to User Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available in public areas of the Service (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Website, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available.
You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.
Wachanga will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the public posting areas of this Service or using the Service.; and (c) related to your viewing of any content using the Service that you may find offensive.
Termination and Modification of the Service
Use of the Service on Mobile Devices
Use of the Service on mobile devices may prompt you to use services such as sending a SMS invite or message to a friend that will incur charges from your mobile carrier that will cost you additional money, since standard carrier rates may apply for your use of such features like SMS. In such cases, the Service will attempt to remind you prior to any messages being sent out of the possibility of additional charges. Your decision to use such services like SMS or email are not the responsibility of the Service and any such charges you may incur are not the responsibility of, and not reimbursable by, the Service.
In addition, any purchases made via in-app purchases on mobile devices are final and non-refundable.
Digital Millenium Copyright Act Notice
If you believe that your copyrigited work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify Wachanga's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Wachanga to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Wachanga's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
25 Martiou, 27
1st floor, Office 106
Egkomi, 2408, Nicosia, Cyprus
For clarity, only DMCA notices should go to the Wachanga Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Wachanga customer service through email@example.com.
Third Party Web Site Services, Links, Advertisements and Offers
The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. Wachanga is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. Wachanga is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Wachanga be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties.
In the event that you have a dispute with any such third party, you hereby release Wachanga, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the services. If you are a California (United States) resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.
Limitations on Liability
Wachanga PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, GAMES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. Wachanga AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE, INCLUDING ALL SMS MESSAGES AND EMAILS SENT AND ANY CHARGES INCURRED. Wachanga SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL Wachanga, ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT THE MAXIMUM LIABILITY OF Wachanga IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SERVICE, INCLUDING ANY APPLICATIONS OR GAMES, SHALL BE LIMITED TO $50 IN THE AGGREGATE PER USER.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Wachanga SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Wachanga and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party even if using your password. This Indemnification section of the Terms of Service survives termination of your account with the Service or your use of the Service.
Our Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited.
All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark and other applicable laws.
Disputes with Users of the Service
Wachanga is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Service although we may undertake such action in its sole discretion. In the event of a dispute with another user of the Service, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.
Wachanga makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from jurisdictions where the Service is illegal in any way is prohibited.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules and regulations regarding your online conduct. The Service is controlled and operated by our service provider from offices within the Republic of Cyprus. We make no representation that the content available at or through the Service or any other program or service offered on or through the Service is appropriate or available for use in other locations, and access to them from territories where the content may be illegal is prohibited. Those who choose to access the Service from other locations do so at their own initiative and risk. By using the Service, you expressly agree that any data you may submit will be collected and stored in servers located within Finland and Germany.
Relationship of You and Us When You Use Our Service
Jurisdiction and Contract Terms
If you have any questions or concerns with respect to this Terms of Service you may contact a representative of Wachanga at firstname.lastname@example.org or by mail at Wachanga Ltd, 25 Martiou, 27, 1st floor, Office 106, Egkomi, 2408, Nicosia, Cyprus.