WAPKA WEB SITE TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
Effective: August 27th, 2018
The Wapka website located at (wapka.org, wapka.co, wapka.site, wapka.website, wapka.xyz) ("Site") is comprised of web pages containing information and resources provided by Wapka("we", "our", or "us"). Your access to the Site is offered to you conditioned on your acceptance of these Terms of Service together with our statement of privacy practices, which is incorporated herein by this reference and found at http://wapka.org/wap/tos ("Terms"). Please read these Terms carefully before accessing or using the Site. By accessing the Site or registering with the Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not register for, access or use the Site. We reserve the right to change these Terms (including the privacy statement) at any time, see Section 2 for more information.
You must be 18 years of age or older to become a user. By using the Site, you represent and warrant that you are at least 18 years of age. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your use of the Site immediately and without notice.
2. Changes to These Terms
Please note that we reserve the right to change these Terms at any time upon notice. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. You can review the most current version of Terms at any time at wapka sites . The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Site and if, you have an Account, terminate it before the effective date. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms. You agree that you will periodically return to the Site and review the Terms to ensure that you are familiar with the most current version of the Terms.
3. Changes to the Site
You may use the Site if and when it is available. We do not guarantee availability of the Site or any particular feature. A particular feature may be a pre-release version and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release it. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Site at any time without notice.
4. Additional Terms
We may present additional terms when you use certain portions or features of the Site. Unless set forth otherwise in those additional terms, those additional terms are a part of these Terms and, if there is a conflict between the additional terms and the most current version of these Term posted on the Site, the additional terms will govern.
5. Site Use
The Site contains communication facilities designed to enable you to communicate with us and other users. You agree to use the Site only to post, send and receive information and material that are appropriate and related to the purpose of the Site. You are responsible for and represent and warrant to us that you will comply with the Wapka Code of Conduct ( http://wapka.org/wap/coc ) and that your use of the Site will comply with the Code of Conduct, these Terms, and all applicable local, state, agency and national laws, rules and regulations. If we suspect violations of these Terms, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with us in investigating suspected violations by you or others, unless applicable law prohibits us from requiring you to cooperate. We reserve the right to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that we consider to be illegal or a violation of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms and any other activities that may subject us or our users to harm or liability.
All information, files, graphics, text, images, sound files, video, development kits, software, tools, and other materials that are provided through this Site ("Content") are owned by us and our licensors. If a license is presented when you access or download Content, use of that Content is governed by that license. If no license is presented, these Terms apply and we grant you a personal, non-exclusive, nontransferable, limited license to use the Content in connection with your use of the Site to create a mobile web site hosted by us. You may not modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Site or any Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.
7. Third Party Websites
The Site may contain links to third party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for any Linked Site, including any content contained in a Linked Site or any changes or updates to a Linked Site. We provide links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
8. Account Registration; Use of Your ID
In order to access certain portions of the Site or Content, you must set up an account ("Account"). If you set up an Account, you must provide current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it. You are solely responsible for all activities that occur under your Account, even when your log-in information is used by someone else. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. We may change your log-in information at any time.
Our Site may enable you to submit and upload information and materials such as photographs and other pictures, text, graphics, illustrations and other images, files, videos, sounds, data, links, and other materials (including feedback) (collectively, "Submissions"). You are solely responsible for all Submissions originating from your Account. We do not control and are not responsible or liable for any Submissions. Although we do not monitor or screen Submissions or access to or use of your Account, we reserve the right to monitor, screen, filter, restrict, block, move, refuse, modify, or remove Submissions and access to your Account at any time in our sole discretion, without prior notice.
10. License to Submissions
We do not claim ownership of your Submissions. However, you grant us an unlimited, irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, display, and perform (publicly or otherwise) your Submissions in connection with our business, including advertising and the promotion of our business and the Site. We may sublicense the rights granted in this Section to third parties. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use of Submissions submitted through your Account does not violate any law or the rights of any third party (including any individuals portrayed in your Submissions). If Submissions are provided through your Account that infringe others’ copyrights or other intellectual property or privacy rights, you are breaching these Terms.
11. No Warranties
To the maximum extent permitted by applicable law, the Site and Content are provided "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" and the entire risk of use and performance, remains with you. WAPKA, its suppliers, and licensors DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement. In particular, WAPKA, its suppliers, and licensors make no warranty that the Site or Content: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) any information or content obtained through the SITE will be accurate, complete, or reliable; or (D) that any defects or errors therein will be corrected. All Content you download or obtain through the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You may have additional rights under your local laws that THESE TERMS cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into this document but WAPKA’S liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation.
12. Disclaimer of Certain Damages
In no event will WAPKA, ITS suppliers, or licensors be liable for any consequential, special, incidental, indirect, OR punitive damages; for LOSS OF profits, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, even if WAPKA, IT suppliers, or licensors HAVE been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential DAMAGES, LOSS, or LIABIlity FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 12 will be interpreted AS excluding liability which cannot under applicable law be excluded In those jurisdictions. If you LIVE, or are otherwise subject to the laws IN one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, the limitations AND exclusions IN THIS SECTION 12 may not apply to you.
13. Limitation of Liability and Exclusive Remedies
To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, WAPKA’S and its suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these Terms, the Site, or Content will be to recover the actual damages you incur based upon reasonable reliance on the Site or Content up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site or Content will not enlarge or extend the limitation of money damages.
Some jurisdictions do not allow certain DAMAGE LIMITATIONS SUCH AS the LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 13 will be interpreted as excludING liability which cannot under Applicable law be excluded. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU.
14. Independent Remedies
The exclusion of damages under Section 12 is independent of your exclusive remedy in Section 13 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12 and 13 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You hereby agree to defend, indemnify, and hold us, our directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any Submission made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use of the Site and Content; (c) any violation by you of these Terms; or (d) your violation of any another party’s rights or applicable law.
16. Notice and Takedown Procedures
You agree to respect the intellectual property rights and other rights of Wapka and third parties. If you believe that material available through the Site infringes your intellectual property rights or the intellectual property rights of any third party or is defamatory, please notify our agent at [email protected]
for copyright infringement notices. If you believe that copyright has been infringed by materials on the Site, please provide us the written information specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
After receiving notice, we may remove or disable access to any infringing or defamatory material. We have the right to terminate your access to the Site and Account for infringement of our or another other party’s rights.
17. Copyright and Trademark Notices
We own the Site which is protected by U.S. and international copyright and other applicable laws. Copyright © 2018 Wapka, all logos and all product and services names referenced on or in connection with the Site are trademarks, service marks and trade names owned by us and our suppliers. All rights not expressly granted herein are reserved by Wapka and its suppliers.
8. Governing Law and Jurisdiction for Resolving Disputes
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in California for any and all disputes, claims and actions arising from or in connection with the Site, the Content, and these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Wapka intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Wapka agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your Account. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in a written document signed by us. These Terms (including any incorporated terms) constitute the entire agreement between you and Wapka with respect to your Account, the Site, and Content. Both you and Wapka warrant to each other that, in entering these Terms, neither Wapka nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. All choices (no matter how described) by us under these Terms are to be made in its sole discretion, unless stated otherwise. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and Wapka, or Wapka’s successors and permitted assigns, will have any right to enforce any of these Terms.
We may give you all notices (including legal process) that we are required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to us. You agree to keep your Account information current including your email and mailing addresses and to check for notices posted on the Site. You agree to send us notice by mailing it to our "Address for Legal Notices" which is: [email protected]