Terms & Conditions
Last updated: August 27th, 2018
Overview
The Wapka website located at wapka.org ("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.
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.
1. Eligibility
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 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.
6. Content
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.
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
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. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware.
9. Submissions
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.
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.
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.
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.
13. Limitation of Liability
To the maximum extent permitted by applicable law, 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).
14. Indemnity
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.
15. Notice and Takedown Procedures
If you believe that material available through the Site infringes your intellectual property rights, please notify our agent at site.wapka.com@gmail.com. Please provide a description of the copyrighted work, a description of where the material is located, your contact information, a statement of good faith belief, and a statement under penalty of perjury that the information is accurate.
16. Governing Law
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.
17. General
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. These Terms constitute the entire agreement between you and Wapka with respect to your Account, the Site, and Content.
18. Notices
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 send us notice by mailing it to: site.wapka.com@gmail.com