Terms of Service
Effective Date: January 23, 2020
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. WE ARE WILLING TO LICENSE OUR SERVICES TO YOU ONLY UPON THE CONDITIONS THAT YOU ACCEPT THE TERMS OF USE. USING THE SERVICES PROVIDED THROUGH THE WACHANGA SERVICES INDICATES THAT YOU UNDERSTAND THE THIS TERMS OF SERVICE AND ACCEPT ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, DO NOT USE THE WEBSITE OR SERVICES.
All the services are available only for individuals aged 13 years or older. If you are 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review this terms of use with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this terms of use. You agree to have your parent or guardian review and accept this terms of use on your behalf. If you are a parent or guardian agreeing to this terms of use for the benefit of a child over 13, then you agree to and accept full responsibility for that child's use of the services, including all financial charges and legal liability that he or she may incur.
Acceptance of Terms
These Terms of Use govern your use of the applications, games, and other services (collectively the “Service”) offered by Wachanga LTD, a company organized under the laws of the Cyprus (“Wachanga”) regarding use of this website (the “Website”) and the Services and available on Facebook (“Social Networking Site”) or any mobile device. These Terms of Use apply to all users of the Service, including users who are also contributors of content, information and other materials to the Service. Any access, browsing or use of the Service constitutes your agreement to follow and be bound by these Terms of Use without modification, and all other operating rules, policies and procedures that may be published from time to time by Wachanga. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Service. The Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you.
Changes to the Terms of Use
We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes to these Terms of Use, and these additional or revised terms will become part of the agreement. You should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Your continued use of the Service constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by Wachanga as referenced above.
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.
Service is made available only to users thirteen (13) years of age or older, consistent with the policies of the Social Networking Site and these Terms of Use.
Wachanga's use of the information provided in connection with the Service or by the Social Networking Site will be used solely in connection with the operation of the Service and consistent with the Privacy Policy set forth below.
Content
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.
Privacy
Please refer to the Privacy Policy for information and notices about how Wachanga collects, uses and shares your personally identifiable information in connection with the Services.
Limitations on Your Use
You agree to abide by all applicable local, state, national, and international laws and regulations in using the Service, and not to use the Service for any purpose that is prohibited by the Terms of Use. You agree not: to (a) use Service for illegal purposes; (b) use Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Service to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable, (d) use the Service for any commercial purpose; (e) post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (f) use Service to provide materials which contain viruses or other contaminating or destructive features; (g) impersonates any person or entity, including any employee or representative of a third party; (h) cheat or copy in any form with respect to any Services offered; or (h) create an account or provide any other information under false pretenses, with false or incomplete information, or to mislead others.
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
Wachanga is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the Service, such as Chat, Message Boards, and Profiles. Acceptance of Wachanga's Terms of Use constitutes your agreement to abide by any Conduct Rules or Regulations posted, as well as the restrictions and responsibilities outlined in these terms of use. You agree to take full responsibility and liability for the accuracy and appropriateness of any of your posted content, and any consequences that may arise from posting in public areas of the Service.
You may create, submit, post, display, transmit content or other material using the Service (“User Content”). Wachanga reserves the right in its sole discretion to delete, move, or edit any User Content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. Wachanga may delete, edit, or reject User Content at any time for any reason without notice to you. In particular, Wachanga reserves the right to remove content at the request of a third party copyright or other intellectual property owner.
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
These Terms of Use are effective until terminated. You agree that Wachanga may terminate your access to the Service at any time for any reason without prior notice or liability. Wachanga may change, suspend, modify or discontinue all or any aspect of the Service at any time, including the availability of any feature, without prior notice or liability. If you wish to terminate your access to the Service, you may simply discontinue using 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
Wachanga Ltd
25 Martiou, 27
1st floor, Office 106
Egkomi, 2408, Nicosia, Cyprus
copyright@wachanga.com
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 info@wachanga.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.
Indemnification
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.
Except as provided below, Wachanga and its affiliates and licensors retain all right, title and interest in and to the Service, excluding your User Content ("Wachanga Intellectual Property"). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Wachanga Intellectual Property, in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Wachanga. You agree to use the Service only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Wachanga website.
Please be advised that any information related to the Service including but not limited to, service scores and user rankings, are the property of Wachanga by operation of these Terms of Use. Wachanga reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice. Further, as the sole owner of all such content, feedback, opinions, and strategies, Wachanga may elect to utilize such information and to make changes or improvements based on that information without any payment or consideration of any kind to any party who provides information.
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.
International Use
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
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use. Neither party has any authority of any kind to bind the other in any respect. We reserve the right to tweak user flows, customize application methods, etc as we see fit to create the best user experience. We may also discontinue support of an application or game at any time due to resource restrictions.
Severability
If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.
Jurisdiction and Contract Terms
These Terms of Use are governed by and construed in accordance with the laws of the Republic of Cyprus, excluding conflict of interest laws. You agree to submit to the jurisdiction of the Republic of Cyprus for any cause of action arising out of or relating to the Service, or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Wachanga may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Wachanga’s service must commence within one (1) year after the cause of action arose.
Contact Information
If you have any questions or concerns with respect to this Terms of Service you may contact a representative of Wachanga at info@wachanga.com or by mail at Wachanga Ltd, 25 Martiou, 27, 1st floor, Office 106, Egkomi, 2408, Nicosia, Cyprus.