Welcome to Wajas®
WAJAS ONLINE SITE TERMS AND CONDITIONS
Please be sure to read these entire Terms and Conditions. The Terms and Conditions contain important information concerning the rules of the game and payment information. If you (“You”) don't agree to any of these Terms and Conditions, Your only remedy is not to use WAJAS and to stop using any Account or services for which You may have registered.
If You are between the ages of 14-18 (19 in Alabama) (or the age of majority in your jurisdiction) Your account must be created and maintained, and these Terms and Conditions accepted, by Your parent or guardian. This site is not intended for use by children 13 years of age or under. Please see additional information on age restrictions, below.
Wajas may revise these Terms and Conditions at any time with or without notice, so check back frequently. Your continued use of WAJAS after any revised Terms and Conditions is posted on WAJAS means that You accept all such revisions.
PLEASE NOTE PROHIBITIONS CONCERNING MULTIPLE ACCOUNTS, BELOW. FAILURE TO ABIDE BY THE MULTIPLE ACCOUNT OR ANY OTHER GAME RULES MAY LEAD TO FREEZING OR FORFEITURE OF YOUR ACCOUNT(S) AND LOSS OF ALL WAJAS, PRIZES, MATERIALS AND OTHER GAME BENEFITS WITH NO REFUNDS OR FEE ADJUSTMENTS. IF YOU VIOLATE THE GAME OR SITE RULES, WE MAY FREEZE OR DISCONTINUE YOUR ACCESS TO YOUR ACCOUNT(S) IMMEDIATELY AND WITHOUT PRIOR NOTICE.
ALL PAYMENTS ARE THROUGH PAYPAL ONLY. ALL SALES ARE FINAL. ALL SUBSCRIPTION AND OTHER FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. TERMINATION OF YOUR ACCOUNT DOES NOT RELIEVE YOU OF ANY PREVIOUSLY INCURRED PAYMENT OBLIGATIONS. YOU ARE NOT PERMITTED TO CHARGE-BACK FOR ANY SERVICE PROVIDED BY WAJAS. YOUR ONLY REMEDY IS TO STOP USING THE SITE. ANY ATTEMPTED CHARGE-BACKS OR OTHER PROHIBITED ACTS MAY SUBJECT YOU TO AN ENFORCEMENT ACTION BY WAJAS AS WELL AS RECOVERY OF WAJAS’ REASONABLE ATTORNEYS’ FEES AND COSTS OF ANY ACTION.
WAJAS SERVICES ARE PROVIDED “AS-IS,” “WHERE-IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND MERCHANTABILITY. Nothing in these Terms requires WAJAS to continue to offer all or any services. We reserve the right to modify, update, or discontinue the site at our sole discretion, at any time, for any or no reason, and without notice or liability.
Some jurisdictions do not permit disclaimer of warranties, so this may not apply to You.
PLEASE NOTE THAT WAJAS IS NOT INTENDED FOR USE BY CHILDREN 13 YEARS OF AGE OR UNDER. If You are underage, You must stop using the site. Please see these Terms and Conditions for players between the ages of 14-18 or the age of majority in your jurisdiction.
Wajas respects the privacy rights of our visitors and users and recognizes the importance of protecting the information collected about You. WAJAS adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection that went into effect in October, 1998.
Please note that this policy applies only to sites maintained by WAJAS, and not to web sites maintained by other companies or organizations to which we link or might link in future.
What is personal information and when does WAJAS collect it?
Personal information is information that identifies You and may be used to contact You on-line or off-line. WAJAS collects personal information from our visitors during (1) registration for games or special game-specific event participation, (2) marketing surveys and email campaigns, (3) registration for membership on our sites, (4) when You order products, services or subscriptions from us, we collect Your PayPal email address in respect of the transaction. PayPal email addresses are not saved or recorded; we just need the email address in order to verify You paid. We do not collect or have access to the credit card information You provide PayPal.
Information collected will vary depending upon the activity and may include Your name, email address, phone number, cell-phone number, home address, birth date, and PayPal email information. We do not accept credit cards. In addition, we may collect demographic information such as gender, zip code, information about Your computer, hardware, software, platform, media, IP address and connection, information about activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that You may provide in surveys or profiles, for instance. We may combine demographic information with personal information. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill Your requests and our legitimate business objectives.
We encourage You only to use Your Player ID/screen name in communicating with other users. We discourage You from posting any personal information about Yourself on the site.
Your California Privacy Rights
IF YOU ARE BETWEEN THE AGES OF 14-18 (19 in Alabama) OR UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST OBTAIN YOUR PARENT(S)’ OR GUARDIAN(S)’ CONSENT TO USE THIS SITE AND YOUR PARENT OR GUARDIAN MUST BE THE ACCOUNT HOLDER.
PARENTS AND GUARDIANS: YOU ARE THE ACCOUNT HOLDER FOR ANY ACCOUNT YOU PERMIT YOUR CHILD TO MAINTAIN, AND ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IN ADDITION TO YOUR OTHER OBLIGATIONS, YOU ARE RESPONSIBLE FOR ANY CHARGES INCURRED BY YOUR CHILDREN OR ACTIONS TAKEN BY YOUR CHILDREN ON THIS SITE.
What happens to the information provided?
Information You disclose in chat rooms and information You provide to other gamers while using WAJAS is public information. Do not post personally identifiable information to the site.
WAJAS does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, regardless of parental consent, or share or disclose personal information other than as set forth in this section, provided however, that in the event of an acquisition of WAJAS assets by a third party, merger or the unlikely event of bankruptcy, WAJAS customer information may be transferred to its successor or assigns. WAJAS does not provide Your personal information to any other person or entity except our outside contractors who may need such information to update the site or for our internal business purposes (and then under obligations of confidentiality), for payment obligations and for enforcement of the Terms and Conditions.
We may also use Your personal information for our internal marketing and demographic studies, so we can consistently improve our sites to better meet our visitors' needs, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have, in our sole discretion, reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage. We may in our sole discretion also disclose personal information to law enforcement or appropriate civil authorities.
II. WAJAS TERMS OF SERVICE
Your use of WAJAS is subject at all times to these Terms and Conditions, as these may be amended by us from time to time. Your WAJAS member Account (“Account”) and all of our games, activities and other services, regardless of when they are added to WAJAS, are governed by these Terms and Conditions.
Our player community is always evolving, so it's important that You periodically check here (as well as the rules and instructions in Your favorite game areas) for updates and new information. WAJAS may update or revise the Terms and Conditions at any time. If we revise the Terms and Conditions, such revision shall be effective thirty (30) days after posting the new Terms and Conditions on the WAJAS website. You agree to review the Terms and Conditions periodically to become aware of such revisions. You can view the Terms and Conditions at any time by clicking on the Terms and Conditions link at the bottom of our home page. We may provide notice of changes to these Terms and Conditions, but we are not required to do so. It is Your responsibility to review the Terms and Conditions and abide by these conditions of use of the Wajas site.
If You violate our Terms and Conditions, in our sole discretion we may issue You a warning about the violation, or we may choose to freeze or to terminate any and all Accounts that You have established immediately and without prior notice. You agree that WAJAS is not required to provide You with notice before freezing or terminating Your Account. In no event will any refund be available. Occasionally, if after our investigation Your frozen Account is terminated, we will permit reinstatement on the condition that the Account holder adhere to these Terms and Conditions, but Wajas is not required to do so.
The Terms and Conditions and any posted rules or instructions regarding a particular game or activity, constitutes the entire agreement between You and WAJAS regarding Your rights and obligations in Your use of WAJAS. If there is any conflict between the Terms and Conditions and any other rules or instructions posted on WAJAS , WAJAS will resolve the conflict in its sole discretion. If You have questions about the Terms and Conditions, please contact us at email@example.com.
You may not provide false information during the registration process. You must provide truthful and accurate information in creating Your WAJAS Account.
You may not use a login name that is used by someone else, and neither Your nickname nor Your login name may be vulgar, infringe on the identity or intellectual property rights of a third party, otherwise be offensive, or be used in any way that violates the Terms and Conditions.
You are solely responsible for all activity on Your Account and for the security of Your computer system or video console system. You may not reveal Your password to other users. If You forget Your password, You must email us confirming Your Account email and login. We will email You a new password which You can change when You login.
You agree to indemnify and hold WAJAS harmless for any improper or illegal use of Your Account. This includes illegal or improper use by You or someone to whom You have given permission to use Your Account. Your Account is at risk if You let someone use it inappropriately. Your Account and any of our services is subject to immediate termination without prior notice if You or anyone using Your Account violates our Terms and Conditions. If Your Account is terminated, You may not join WAJAS again without our prior express permission, which Wajas reserved the right to withhold. If You wish to rejoin the service, please contact us at firstname.lastname@example.org.
ACCOUNT TERMINATION: IF YOUR ACCOUNT IS TERMINATED, YOU WILL LOSE ALL WAJAS AND WAJAS MATERIALS WHETHER YOU PAID FOR THEM OR ACQUIRED THEM THROUGH GAMES. YOUR ACCOUNT ID WILL BE REPOSSESSED AND MAY BE TRANSFERRED TO ANOTHER PLAYER IN THE DISCRETION OF WAJAS.
MAXIMUM NUMBER OF ACCOUNT RULES: When permitted by the particular game, You may maintain a maximum of two Accounts in which to play games, swap Wajas and store items.
However, if a contest or game states, “one Account only,” or it is obvious from the nature of the game that maintaining more than one Account for that game would give You an unfair advantage over other players, You may NOT use an additional Account to acquire prizes or other site benefits. You also may not hoard Accounts to "sell" or "auction" Accounts to other users. Suspicious activity in what otherwise appear to be unrelated Accounts that is traced back to You will result in immediate termination of all the suspect Accounts.
By way of example, for purposes of the MAXIMUM NUMBER OF ACCOUNT RULES, an “Account” is any Account maintained by You under any user name and/or Accounts paid through the same PayPal Account or Accounts maintained by related individuals and individuals sharing the same household, including parent/child, partner/spouse, grandparent/grandchild, roommates, friends and the like. You may not use Your spouse, partner, friend or roommate to attempt to accrue prizes and benefits through use of an Account actually under Your control or direction. Any violation of the MAXIMUM NUMBER OF ACCOUNT RULES subjects You to immediate freezing and/or termination of all suspect Accounts without prior notice and without refund. All Wajas and Wajas materials, whether You paid for them or acquired them playing Wajas, will be forfeited.
TRADING AND SALES. WAJAS GAME REFERENCES TO TRADING AND IN-GAME “SALES” ARE SOLELY FOR GAME CURRENCY PER THE RULES OF THAT GAME. SALES OR TRADES OF ANY WAJAS-RELATED CONTENT IN CASH OR CURRENCY OF ANY NATION OR FOR ANY DIGITAL NON-GAME CURRENCY IS STRICTLY PROHIBITED AND MAY RESULT IN FREEZING AND/OR IMMEDIATE TERMINATION OF YOUR ACCOUNT WITHOUT PRIOR NOTICE. IF YOUR ACCOUNT IS TERMINATED, YOU WILL LOSE ALL WAJAS AND WAJAS MATERIALS WHETHER YOU PAID FOR THEM OR ACQUIRED THEM THROUGH GAMES. WAJAS MAY, BUT IS NOT OBLIGATED TO, MONITOR CHAT ROOMS OWNED BY WAJAS AND THIRD PARTIES TO MONITOR SALES AND TRADING IN WAJAS CONTENT. VIOLATORS ATTEMPTING TO SELL WAJAS CONTENT MAY BE TERMINATED EVEN IF THE SALES ARE ATTEMPTED/CONSUMMATED ON A THIRD PARTY SITE OR OFF-LINE. Even advertising Wajas Content for sale in cash is strictly prohibited – so don’t do it!!!
You must have access to the internet to establish a Wajas Account. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using WAJAS, even when we offer a free trial subscription.
WAJAS reserves the right to change our fees or billing methods at any time. If You pay a periodic (e.g. monthly or yearly) subscription for the Service, WAJAS will provide You with notice of any changes to our fees or billing methods at least thirty (30) days in advance by posting such changes on WAJAS. NO INDIVIDUAL NOTICES ARE SENT. You are responsible for reviewing WAJAS to obtain timely notice of such changes. Your continued use of WAJAS thirty (30) days after posting of the changes on WAJAS means that You accept such changes. If any change is unacceptable to You, You may stop using Your subscription at any time, but WAJAS will not refund any fees that may have accrued to Your Account before termination of Your subscription or if You stop using WAJAS, and we will not pro-rate fees for any subscription. If Your use of our services is subject to use or sales tax, then WAJAS may also charge You for any such taxes in addition to the subscription or other fees published in the billing section of WAJAS . For further information please contact us at email@example.com.
You “terminate” or “cancel” Your Account or any subscription by not using it anymore. You understand and agree that ceasing from further use of Your Account or a particular subscription is Your remedy with respect to any dispute with WAJAS. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms and Conditions or our enforcement or application of this Agreement; (2) the Content available through WAJAS and any change in Content provided through WAJAS; (3) Your ability to access and/or use WAJAS; and (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can stop using Your Account or a particular subscription at any time. WAJAS reserves the right to collect fees, surcharges or costs incurred before You stop using Your Account or a particular subscription. In addition, You are responsible for any charges incurred to third-party vendors or content providers before You stop using Your Account. In the event that Your Account or a particular subscription is terminated or if You stop using Your Account, no refund will be granted; no time or other credits (e.g., points in a game) will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account or anything within or associated with WAJAS (such as points, tokens or in-game items). Active WAJAS Account holders may not allow former Account holders whose Account has been terminated by WAJAS to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with WAJAS must be settled before WAJAS will consider permitting You to register again. Whether or not to accept, continue or reinstate any Account is in the sole and exclusive judgment of WAJAS. You have no right to use or continue to use WAJAS.
You are responsible for all of our reasonable collection fees, including reasonable attorneys’ costs and fee. Payment obligations and WAJAS collection rights survive termination of Your Account and this Agreement.
Termination due to inactivity: Repossession of ID’s
Please note that in the event there is no activity in Your Account for one (1) year or more, or if an Account is terminated by WAJAS, WAJAS may in its discretion repossess that account ID.
Termination of Account on Notice to WAJAS
You may "terminate" (or "cancel") Your Account at any time for any reason by going to Your “Account Settings” and choosing the "Close Account" tab option. You will be given a thirty (30) day grace period to change Your mind and keep Your Account.
If You have not restored Your account during this 30 day grace period in accordance with the posted instructions, Your Account will be permanently terminated. ALL YOUR ACCOUNT INFORMATION WILL BE PERMANENTLY DELETED IN ITS ENTIRETY. THIS INCLUDES, WITHOUT LIMITATION, YOUR ID, WAJAS, ITEMS, MONEY, ETC., WHETHER PURCHASED, WON OR OTHERWISE ACQUIRED.
If You decide You would like to play again after You have voluntarily terminated Your Account, You will have to set up a new Account with a new ID. None of the Wajas, items, materials, money, etc. will be transferable or available for the new Account.
By "Content," we mean software, emails, communications, images, sounds, text, characters, and all the material and information You see on WAJAS in any media or format. Please Note: Tags must not be larger than 150 high and 150 wide. Any larger and You'll be asked to remove the tag and make it smaller, or place a different one up. You warrant that all information and materials You post is Your property and does not infringe on the intellectual property or proprietary rights of any third party. Do not post materials You do not create Yourself or otherwise own.
As further provided below, vulgar language, inappropriate comments (cruel, rotten, vicious, references to people’s gender, race, ethnicity, drug or alcohol use, opinions about supposed criminal activities, supposed sexual preferences or just plain old mean), crude or explicit sexual references and hate speech of any kind are always inappropriate Content for WAJAS. Content we deem, in our sole judgment, to be inappropriate may subject You to immediate termination without prior notice.
While there may be other outlets for these things, on WAJAS, don’t post:
- Intellectual property of any third party that You have not obtained written consent to post
- Mature Roleplaying (Cybering, Yiff, etc.)
- Online Dating
- Discussions about religion
- Discussions about politics
- Harassing remarks, flames, or insults towards another player (or WAJAS!)
- Personally identifiable information
- Personal information You may have obtained about other players
Content standards may vary depending on where You are on WAJAS, the type of game You are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use Your best judgment posting Content. We don’t care how You act in person. If it is mean, crude or vulgar, take it elsewhere or risk losing Your Account.
We will not freeze or terminate Your Account if You post an opinion or question as long as it’s done maturely and within the parameters of these Terms and Conditions. We are always happy to consider the reasonable and mature suggestions and comments of our community. Even if we don’t respond to every post, we hear You, but please remember we and Your fellow players do have feelings. We aren’t robots; we are a community of artists, friends and family, so please respect us and Your other gamers. Don’t treat WAJAS or others in the community in a hurtful manner.
We expect all players to report any bugs they find, no matter how small or large, so that we can work to make WAJAS as enjoyable an experience as possible. If You want to post a criticism, suggestion or opinion, or are not satisfied with how we run things, we encourage You to tell us. Just do it maturely, and with respect for us and the entire community. Good post: “The site is running kind of slow, can You guys try to do something about it? Maybe get a new server, clean files up or something? Thanks!” Bad post: “The site is so slow! You guys are useless, stupid people! I hate You! And by the way, I hear that ____________ is a junkie.”
Cheating and stealing are wrong and will get You in trouble with the rest of the community and with WAJAS. If You abuse a bug or Account to gain credits, pears, Wajas, CWP’s or other benefits, that is CHEATING and Your Accounts may be frozen or terminated immediately in our sole discretion without prior notice. If caught cheating or stealing from other players or us on our site, we may freeze and/or terminate Your Account even if You’ve bought customs, subscriptions, etc. If Your account is frozen and Wajas determines there has been a breach of these Terms and Conditions , Your account may be terminated by Wajas without further notice.
No user “gets a free pass” on violating these Terms and Conditions because of his/her status, length of time playing the game or previous purchases. All Wajas and items on terminated Accounts will be reclaimed by us and redistributed among other players or forfeited to us in our discretion. Furthermore, Your ID may be repossessed and assigned to another player in Wajas sole discretion.
Respect Your fellow players. Wajas likes honesty and players who want to play a great game in a fun, artistic community. So be honest, be kind, have fun, don’t hack, don’t steal, don’t scam and You’ll be perfect for our community.
WAJAS representatives may monitor Your communications on WAJAS, but we have no responsibility to do so. We cannot monitor all of the Content on WAJAS, and we do not attempt to do so. If You encounter something You don't want to see, tell us, but nicely as above. WAJAS does not endorse, approve, or prescreen any Content that You or other users communicate on the Service. To the maximum extent permitted by applicable law, WAJAS does not assume any responsibility or liability for Content that is generated by You or other guests on WAJAS. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. WAJAS does not assume any liability removing or any failure to remove, or any delay in removing, Content.
If we remove Content that You created, we may send You a warning and/or freeze Your account. If it's a serious offense or You've violated our rules before, we may ban You from participating on WAJAS and terminate Your Account immediately without prior notice.
You also acknowledge that the time that You spend on WAJAS is solely for entertainment purposes, and that no value can be attributed to such time. In particular (but without limitation), You understand that no value can be attributed to the time that You may spend accumulating digital objects (such as points, pears, Wajas, tokens and other in-game objects) or developing Content. We are not responsible for, and You bear the entire risk of, the completeness, accuracy or usefulness of Content found on WAJAS whether posted by You, us or third parties.
You agree that You will be personally responsible for Your use of WAJAS and for all of Your communication and activity on WAJAS , including any Content You contribute, and that You will indemnify and hold harmless WAJAS, its affiliates, employees, agents, officers and directors from any liability or damage whatsoever arising from Your conduct on WAJAS , including any Content that You contribute.
You will violate the Terms and Conditions if You (or others using Your Account) do any of the following:
- Anything that interferes with our systems and software or prevents use of our system or software by another player.
- Post, transmit, promote, or distribute personal information about Yourself or any other user!
- Post, transmit, promote, or distribute Content that is illegal anywhere.
- Interfere with, hack into or decipher any transmissions to or from the servers running WAJAS and/or use or distribute on our site(s) “auto” software programs, “macro” software programs or other “cheat utility” software program or applications. You will not attempt to reverse engineer our site.
- Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: don't say bad things about anyone in our community, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If You disagree with someone, fine, but don’t attack them personally.
- We welcome Your comments about us and our service if they are constructive, but please don’t hurl invective at us either.
- If You encounter another user violating our Terms and Conditions, we appreciate Your letting us know, but please do not waste our time and try to injure someone else with false reports. This will only hurt You.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. We do not tolerate hate speech!
- Disrupt the flow of chat in chat rooms with disruptive conduct, like excessive shouting, trying to overload images, “spamming,” flooding or otherwise interfering with or hacking into WAJAS.
- Impersonate another person (including celebrities), indicate that You are an WAJAS employee or a representative of WAJAS, or attempt to mislead users by indicating that You represent WAJAS. Do not attempt to get a password, other Account information, or other private information from any other user on WAJAS . Remember: WAJAS representatives will NEVER ask for Your password. Don't give Your password, reminder words, or billing information out to anyone.
- Upload any Content that You do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software or illegal off-line conduct, like drug sales, prostitution, etc.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communications about WAJAS games and legitimate site activities, including without limitation advertising, promotional materials, chain letters (illegal), pyramid schemes (illegal). Although we are a commercial service, Your participation on WAJAS is for Your own personal entertainment use only. You may not make any commercial use of our service.
- Exploit any bug to gain unfair advantage in the game or obtain services without paying for them, either for Yourself or another player.
- You will not now or in future attempt to play Your WAJAS game on or through any service that is not controlled or authorized by WAJAS . You will not now or in future participate in any service that provides features or game play for Your WAJAS game that is not authorized by WAJAS.
- You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of Your password or other membership account information and further agree to indemnify and hold WAJAS harmless for any improper or illegal use of Your password
WAJAS does not recognize or condone any outside service that may be used for the exchange of points, credits, assets or attributes that You may accumulate as a result of participating playing WAJAS. TRADING OR SELLING IN ANY CURRENCY (IN OTHER WORDS, SELLING OR TRADING FOR CASH, NO MATTER IN US DOLLARS, EUROS OR ANY OTHER NATIONAL CURRENCY) IS STRICTLY PROHIBITED other than as specifically provided in this Agreement with respect to creation of tags or adoptables for Your game customers as provided below. This includes the exchange of points on services including eBay™ or Yahoo!™ Auctions. We don’t assume any responsibility for, and won’t support, such transactions. If we find out about it, and we hope we do, we will terminate Your Account and the Account of any purchaser.
THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK HERE FROM TIME TO TIME TO REVIEW CHANGES. YOU FURTHER AGREE THAT THESE RULES APPLY TO ANYONE THAT YOU SHARE YOUR ACCOUNT OR USER ID WITH, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING PAYMENT OBLIGATIONS AND FREEZING OR TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY PERSON BREAKS THESE RULES USING YOUR ACCOUNT OR USER ID.
WAJAS MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, OUR SITE AND GAMES. WHILE WE TRY TO PREVENT LOSS OR DISRUPTION OF DATA, THESE CHANGES MAY CAUSE YOU SETBACKS OR OTHER DAMAGE. YOU RECOGNIZE THAT THESE UPDATES AND RESETS ARE NECESSARY TO KEEP THE GAME(S) VITAL AND RUNNING PROPERLY IN THE LONG RUN, AND YOU WILL NOT HOLD WAJAS RESPONSIBLE FOR SUCH CHANGES, EVEN IF THEY RESULT IN LOSS OR DAMAGE TO YOU.
4. Public Nature of Communications; Ownership of WAJA and WAJAS Content; Ownership of Your Content.
You understand that all communications with other users via chats, conferences, bulletin boards, games, threads and everywhere on any WAJAS site are public and not private communications. You have no expectation of privacy concerning Your use of WAJAS. If You post personal information, it will be seen and may be used by others in a manner neither You nor we can control, so we strongly encourage You not to disclose any personal information about Yourself on WAJAS or link to or post anything that you do not want to be public information. WAJAS is not responsible for use any third party makes of Your communications or Your Content.
A. These terms apply to all Your Content.
OWNERSHIP OF YOUR CONTENT. Except for Content You create based on a WAJA or WAJAS text or art or text, or art or text created by a third party and displayed on WAJAS, You are the sole owner of Content you create, post, link to or send over WAJAS (“Your Content”), whether You create it for someone else or Yourself.
CONTENT THAT CONTAINS A WAJA or WAJAS ARTWORK OR TEXT. All WAJA variations or suggestions you draw or otherwise create are derivative works of characters owned by WAJAS. All text or other materials You create based on something already displayed in the game is owned by WAJAS.
WAJAS owns all rights in every WAJA and all other text and art we provide on the game. You cannot use WAJA or WAJAS text or art or other WAJAS Content without our prior written permission in each instance, except for these permitted uses:
- You can create tags and adoptables featuring WAJA or our other art and sell them to other players for CWP or currency. You and they can display these on other sites. However, neither You nor Your customers can create any other products based on Your tags or adoptables (like stuffed animals, greeting cards or stamps).
- You are not allowed to create or use tags or accessories for an illegal purpose or purposes that are detrimental to the reputation of WAJAS (for instance, You can’t post, distribute or sell pornographic images of WAJA, tags that contain images of other people (unless you have their permission), images you have not created yourself or images that otherwise are in violation of these Terms and Conditions whether You created them or not).
- You warrant to WAJAS that all of Your Content is Your original work and does not infringe on the rights of any third party or defame a third party (this would be an illegal use).
YOUR CONTENT ON A THREAD. All of Your Content on a thread is owned by You (except for WAJA or WAJAS Content). You can print it and sell copies, make stickers or statues from it, license it to third parties or do whatever else You want with it, but remember that once you post it or link to it on a WAJAS thread, it is publicly available and WAJAS is not responsible if someone else copies it from the thread and uses it without Your or our permission.
SUGGESTIONS FOR THE GAME YOU POST ON THREADS: If You send a game suggestion or a drawing as a proposed accessory, wallpaper, foreground, pet, or other item for use with the game, remember that only WAJAS can decide whether or not to include it in the game. If we decide to include Your suggestion in the game, our own artists will draw the game use. You still own your original drawing and can use it for any purpose You want, but once You send us the suggestion, anything we create from the suggestion belongs to WAJAS. You agree that WAJAS will not owe You any compensation if we use Your suggestion.
WAJAS USE OF YOUR CONTENT. In order for the game to function, You understand and agree that any content You email to, link to, post or otherwise communicate to or through WAJAS may be used by WAJAS for our internal use, game use, and/or promotional activities for the game (including other games we may create in future) throughout the world in every media forever. WAJAS may modify or create new works from Your Content. You may be credited with the creation of Your Content, but you agree that WAJAS does not have to credit you.
All other Content of every kind on the WAJAS site is owned by WAJAS. WAJAS reserves all rights in WAJAS Content not expressly granted to You under this Agreement.
B. WAJAS PROPRIETARY RIGHTS; COPYRIGHTS AND TRADEMARKS.
Content for Your own personal and private use. Making unauthorized copies of any Content found on WAJAS can lead to the termination of Your WAJAS Account(s) (or revocation of guest status, if You are a guest) and may subject You to further legal action. Similarly, other content owners may take criminal or civil action against You. In that event, You agree to indemnify and hold harmless WAJAS from and against any loss or damage to which we may become subject due to Your actions.
As further provided above, You must have the legal right to upload any Content to WAJAS before You do so. WAJAS respects the intellectual property rights of others. You may not upload or post on WAJAS any Content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) You are the owner of the Intellectual Property Rights; or (ii) You have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content. WAJAS may, without prior notice to You, remove from WAJAS any Content that WAJAS in its sole business judgment believes may infringe the Intellectual Property Rights of a third party. If You are a repeat infringer of a third party’s Intellectual Property Rights, WAJAS may immediately terminate Your WAJAS Account without prior notice to You. If Your Account is terminated, no refund will be granted, and You will lose access to everything associated with Your Account. If You are a copyright owner and You believe that any Content posted on WAJAS infringes Your rights, You may submit a written notification to us.
WAJAS is the registered trademark of Wajas, Inc. ESTUKO is the trademark of Wajas, Inc. All breeds are the copyrighted material and trademarks of Wajas, Inc. All Content ©2004-2017 Wajas, Inc. All rights reserved. This Section will survive termination of this Agreement.
WAJAS rights in and to its intellectual property survive expiration or termination of this Agreement for any reason.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WAJAS IS TO STOP USING THE SERVICE, AND TO LET ANY SUBSCRIPTION EXPIRE/NOT USE YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WAJAS, INC. , ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, LICENSORS AND AFFILIATES (COLLECTIVELY, "WAJAS AFFILIATES") ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF WAJAS. IN NO CASE WILL WAJAS AFFILIATES’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO WAJAS FOR THE SERVICE. IN NO CASE WILL WAJAS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF WAJAS , WAJAS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR ACCOUNT WITH WAJAS . BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WAJAS AFFILIATES' LIABILITY WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. WAJAS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH WAJAS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, some states do not permit certain warranty or liability exclusions, so some warranty and liability exclusions may not apply to You. This Section will survive termination of this Agreement.
The laws of the State of Vermont, excluding its conflicts-of-law rules, govern this Agreement and Your Account in all respects, and You expressly agree that in the unlikely event of any dispute that cannot be resolved amicably, (I) exclusive jurisdiction for any claim or dispute with WAJAS or relating in any way to Your Account and Your use of WAJAS resides in the courts of Vermont; and (ii) You further agree and expressly consent to the exercise of personal and subject matter jurisdiction in the courts of Vermont in connection with any such dispute including any claim involving WAJAS or its Affiliates, subsidiaries, employees, contractors, officers, directors, vendors and Content providers; and (iii) You agree You will not contest venue as appropriate in Vermont, provided only that we may choose to enforce any of Your payment or other obligations in any court with subject matter jurisdiction in Your home state or country. To the extent permitted by relevant law, You waive any right to trial by jury. As noted above, Your conduct may be subject to other local, state, national, and international laws.
All Terms and Conditions that by their nature survive, whether or not specifically noted, survive expiration or termination for any reason.
This site is owned and operated by Wajas, Inc., a Vermont USA corporation (“WAJAS.” Depending on the context, “WAJAS” may also refer to the copyrighted characters and registered trademark of Wajas, Inc.
Revised and implemented November 2018.