Terms of Service
This agreement ("Agreement") is a contract between you and ("Waplog.com") and governs your use of the Waplog.com Website services (the "Service"). By using the Waplog services, you agree to be bound by the following terms and conditions (the "Terms of Service"), whether or not you register as a member ("Member").
Please choose carefully the information you post on Waplog.com and that you provide to other Members. Your Waplog.com profile may not include the following items: nude, violent or offensive images or text. Information posted by other Waplog.com Members may contain inaccurate, inappropriate or offensive material, products or services and Waplog.com assumes no responsibility or liability for this material.
Waplog.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
If you become a Waplog subscriber and pay by credit or debit card (or other payment method associated with an automatically renewing subscription), your subscription will automatically renew for certain periods of time if you do not cancel prior to the end of the term. See Paid Services section for more information on the automatic renewal terms applicable to subscriptions.
- Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 17 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
- Term/Fees. This Agreement shall remain in full force and effect while you use the Website and/or the Service. Waplog.com may terminate your membership for any reason, at any time, without notice. If Waplog.com terminates your Membership in the Service, you shall not be entitled to the refund of any unused portion of subscription fees, if any. Even after membership is terminated, this Agreement will remain in effect. Waplog.com's Terms of Service and/or subscription fees, if any, that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that Waplog.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service if necessary, as required by this Agreement. Standard usage charges for SMS, MMS and other data charges may apply and may be billed on your wireless service bill or deducted from your prepaid balance.
- Non-commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Waplog.com. Illegal and/or unauthorized use of the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Waplog.com for any illegal or unauthorized use of the Website.
- Proprietary Rights in Content on Waplog.com. Waplog.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Waplog.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site. a. You understand and agree that Waplog.com may review and delete any content, messages, photos, profiles, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of Waplog.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. c. By posting any Content to the public areas of the Website, you hereby grant to Waplog.com the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the Website, including without limitation distributing part or all of the Website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Waplog.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs or email addresses. g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Waplog.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Waplog.com reserves the right to restrict the number of messages which a Member may send to other Members in any period to a number which Waplog.com deems appropriate in its sole discretion. h. You may not attempt to impersonate another user or person who is not a member of Waplog.com.
- Links. The sites linked to by the Waplog.com Website are developed by people over whom Waplog.com exercises no control Waplog.com cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that Waplog.com will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the Waplog.com Services.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Waplog.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Waplog.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Waplog in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Waplog; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. Waplog's Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: [email protected]
- Member Disputes. You are solely responsible for your interactions with other Waplog.com Members. Waplog.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. Waplog.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Waplog.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Waplog.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Waplog.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Waplog.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Waplog.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Waplog.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Waplog.com takes no responsibility for third party advertisements which are posted on this Waplog Website or through the Waplog Service, nor does it take any responsibility for the goods or services provided by its advertisers.
- Limitation on Liability. IN NO EVENT SHALL Waplog.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF Waplog.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Waplog.com.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Waplog.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.
- Indemnity. You agree to indemnify and hold Waplog.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Waplog.com and any User of the Service.
General: If you purchase any Services that we offer for a fee (the "Paid Services"), such as a subscription to our Services or virtual coins (as described below), you authorize Waplog and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Waplog's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this section).
Payment Method: Waplog may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize Waplog to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
Waplog's Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account or your Google Play account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
Automatic Renewal of Subscriptions: If you pay for a subscription by credit or debit card (or other payment method identified on our services or a social networking site as involving an automatically renewing subscription) and you do not cancel your subscription as set forth in section 13(d) below prior to the end of the subscription term, your subscription will be automatically extended at the end of each term for successive renewal periods of the same duration as the subscription term originally selected (for example, unless you cancel, a one month subscription will automatically renew on a monthly basis and a six month subscription will automatically renew on a six month basis). unless otherwise indicated in any applicable additional terms or communications we send to your registered email address, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless we notify you at least 10 days prior to the end of your current term that the subscription fee will increase. You acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. you acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.
Cancellation of Subscriptions: If you purchased a subscription through a third party account, you will need to cancel your subscription through that third party and in accordance with that third party’s terms and conditions. If you cancel your subscription, your subscription benefits will continue until the end of your then current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then current subscription term.
Current Information Required: You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Waplog. You agree to promptly notify Waplog if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
- Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Waplog.com regarding the use of the Website and/or the Service. The failure of Waplog.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Waplog.com is a trademark of Waplog, Inc. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.