These Terms govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, audio, video, information or other materials available through the Site and Services “Content” and constitute a binding legal agreement between you and Wassa.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY WASSA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Wassa will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing User. Wassa may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the services and wassa properties
The Website, the Services, and the information and content made available (“CONTENT”) by Wassa on the Website and in the Services (collectively, the “WASSA PROPERTIES”) are protected by copyright laws throughout the world.
1.1. Certains restrictions
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Wassa Properties, (b) you shall not use framing techniques to enclose any trademark, logo, or other Wassa Properties; (c) you shall not use any metatags or other “hidden text” using Wassa’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Wassa Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the Wassa Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Wassa Properties. Any future release, update or other addition to the Wassa Properties shall be subject to the Terms. Wassa, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Wassa Properties terminates the licenses granted by Wassa pursuant to the Terms.
2. Responsibility for content
2.1. Types of content
You acknowledge that all Content, including the Wassa Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Wassa, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through the Wassa Properties (“YOUR CONTENT”). Other Users of the Wassa Properties, and not Wassa, are similarly responsible for all Content such other Users Make Available through the Wassa Properties (“USER CONTENT”).
2.2. No obligation to pre-screen content
You acknowledge that Wassa has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Wassa reserves the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, including the User Code of Conduct set forth in Section 5.4 hereof, and/or (3) otherwise creates liability for Wassa.
3.1. Wassa properties
Except with respect to Your Content and User Content, you agree that Wassa and its suppliers own all rights, title and interest in the Wassa Properties. Wassa’s name and other related graphics, logos, service marks and trade names used on or in connection with the Wassa Properties are the trademarks of Wassa and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Wassa Properties are the property of their respective owners.
3.2. Your content
Your Content shall at all times remain your sole property and you agree that you have no right, title or interest in or to any other Content that appears on or in the Wassa Properties. You represent that you have all necessary right, power and authority to post Your Content to the Wassa Properties. You agree to allow Wassa and its applicable contractors to freely host, reproduce, transmit, modify, display and otherwise use Your Content (in whole or in part) as reasonably necessary to provide the Services to you, and in accordance with Wassa’s agreement with your Entity, if applicable.
3.3. User code of conduct
As a condition of use, you agree not to use the Wassa Properties for any purpose that is prohibited by the Terms or by applicable law. Do not post, or permit others to post, content on the Wassa Properties or on your profile that (i) encourages illegal activities, is fraudulent, or is unlawful; (ii) insults, defames, harasses, or threatens others; (iii) violates the copyright or intellectual property or privacy rights of others; (iv) contains obscene, vulgar, pornographic, or libelous material; (v) harms or impersonates others, including other Users; or (vi) advertises or sells a product or service. Do not attempt or engage in, any potentially harmful acts that are directed against the Wassa Properties, including but not limited to violating or attempting to violate any security features of the Wassa Properties, introducing viruses, worms, or similar harmful code into the Wassa Properties, or interfering or attempting to interfere with use of the Wassa Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Wassa Properties. If you believe that someone has violated this code of conduct, contact email@example.com with your concerns.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Wassa through its contact, feedback, or similar pages (“FEEDBACK”) is at your own risk and that Wassa has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Wassa a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Wassa Properties.
4. Interactions with other users
4.1. Content provided by other users
The Wassa Properties may contain User Content provided by other Users. Wassa is not responsible for and does not control User Content. Wassa has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
5. Third-party websites
The Wassa Properties may contain links to third-party websites (“THIRD-PARTY WEBSITES”). When you click on a link to a Third-Party Website, we will not warn you that you have left the Wassa Properties and are subject to separate terms and conditions or privacy policies. Such Third-Party Websites are not under the control of Wassa. Wassa is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
You agree to defend, indemnify, and hold Wassa, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
7. Disclaimer of warranties
THE SITE, SERVICES, CONTENT AND USER CONTENT (OTHER THAN YOUR OWN USER CONTENT) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WASSA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WASSA MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WASSA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, CONTENT OR USER CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR USER CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WASSA OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WASSA DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES WASSA MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. WASSA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
8. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CONTENT AND USER CONTENT REMAINS WITH YOU. NEITHER WASSA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WASSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WASSA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, SOFTWARE, CONTENT OR USER CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WASSA FOR USE OF THE SITE, SERVICES, SOFTWARE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO WASSA, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WASSA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Copyright policy
Wassa respects copyright law and expects its users to do the same. Wassa has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
10. Term and termination
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Wassa Properties, unless terminated earlier in accordance with the Terms.
10.2. Termination of services by Wassa
If you have breached any provision of the Terms, or if Wassa is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Wassa has the right to suspend or terminate any Services provided to you or to delete any of Your Content.
You agree that all terminations for cause shall be made in Wassa’s sole discretion and that Wassa shall not be liable to you or any third-party for any termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service.
11. General provisions
11.1. Electronic communications
The communications between you and Wassa use electronic means, whether you visit the Wassa Properties or send Wassa e-mails, or whether Wassa posts notices on the Wassa Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Wassa in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wassa provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.
You hereby release Wassa Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Wassa Properties.
You may not assign or transfer these Terms, by operation of law or otherwise, without Wassa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wassa may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.4. Force majeure
Wassa shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11.5. Entire agreement
These Terms constitute the entire and exclusive understanding and agreement between Wassa and you regarding the Site, Services, Content and User Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wassa and you regarding the Site, Services, Content and User Content.
11.6. Governing law
These Terms will be governed by and construed in accordance with the laws of France, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The French Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The French Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding the foregoing, you agree that Wassa shall have the right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Wassa (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Wassa to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wassa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
10.9. Contact us
If you have any questions about these Terms, please contact Wassa at firstname.lastname@example.org