Terms and Conditions

1. Acknowledgement of names

This is the official terms and conditions of agreement ("Agreement") between you and www.WakaFun.com Website (WakaFun). The Website is owned by Radamar Pty Ltd.

In this Agreement, the term “Website”, “we”, “our” or any variations thereof appearing within this agreement includes all websites, web pages and content within WakaFun Website as well as any equivalent, mirror, substitute or back-up websites, as well as our services, features, graphics, publications, correspondence, newsletters and all else that may be deemed to belong to WakaFun Website.

The words "user", "users", or "you" and all other words that may be considered to have a similar meaning, appearing within this Agreement means at any time an individual (or individuals) or any party (or parties) who “use” or “using” the Website at any time by directly or indirectly, with or without the aid of a appliance, device or machine, doing or trying to access, interacting with the Website in any way, transmitting, extracting or exchanging data or communicating with the Website, contributing of any type of content, information or other materials, or in any way using, obtaining benefits, interacting with any function, service or feature of the Website, for any purpose altogether.

2. Acceptance

The terms and conditions regarding your use of WakaFun constitute a legally binding agreement between you and WakaFun.

By using this Website, you acknowledge, understand and signify your agreement to these terms and conditions and WakaFun Website's Privacy Policy, found at http://www.wakafun.com. If you do not agree to any of these Terms and Conditions or the Privacy Policy, please do not use WakaFun. This Agreement will stay in its full force and effect as long as you use WakaFun and in the event of cancellation of your account or service provided, you will still be confined by your obligations under this Agreement and the Privacy Policy, including any compensation, warranties and limitations of liability.

WakaFun's Terms and Conditions, and any rights and licenses granted under these Terms and Conditions, may not be transferred, designated, ascribed or assigned by you, but may be transferred, designated, ascribed or assigned by WakaFun without limitation or restriction.

WakaFun retains sole rights to alter or revise these Terms and Conditions and policies from time to time without any notice given to you, and you agree to be bound by such amendments or changes.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This is the entire and exclusive Agreement between you and us regarding use of the Website. WakaFun Website may contain links to third party websites that are not owned, related or controlled by WakaFun. Additionally, WakaFun assumes no accountability or responsibility for content censoring and editing, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve WakaFun from any and all liabilities that may arise from your use of any third-party website.

This Website is offered for use only to users 18 years of age or older as there are certain areas of the Website that contain mature or adult content. By using or attempting to use WakaFun, you certify that you comply with age requirements of the Website. Please discontinue using WakaFun immediately if you are not yet 18 years old or if you are a person barred from receiving services under the laws of the United States or other country's, state's or territory's applicable jurisdiction.

3. Registration

We necessitate each user to have a unique user name and password to use certain features and functions of the Website. Your user name and password are personal to you and you should not permit anyone to use your user name or password under any circumstances. We hold no responsibility for damage, loss or harm caused or related to the theft, fraud or illicit use of your user name or password, disclosure of your user name or password, or your approval of anyone else to use your user name or password. You accede to give us immediate notice if you perceive or descry that there is or may have been any unauthorized use of your user name or password or any other reason to make your user name and password inactive due to security concerns. Despite the fact that WakaFun will not be liable for any damage, loss or harm caused by any authorized or unauthorized use of your account, you may still be liable for the losses of WakaFun or others due to such use.  

You obliged to provide true, accurate and complete information about yourself during registration process and update your registration information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, out-dated or incomplete, or we have reasonable grounds to suspect that information is untrue, inaccurate, out-dated or incomplete, we reserve the right to cancel your registration with WakaFun and refuse all current and future use of the Website. You are solely responsible for all activities, operations and inadvertences that occur in, from, through or under your user name or password.

4. Termination

You may terminate your account registration with WakaFun at any time and for any reason through your account setting. WakaFun reserves the right to terminate your use of and registration on the Website, with or without cause, at any time and for any reason, without prior notice given to you and without any obligation, responsibility, amenability or liability for any loss or damage of any sort to you or any other party.

5. General Use of the Website

  1. You agree not to change, alter, modify, disrupt, copy, impair, reproduce, compile, obtain, gather, view, delete, display, reveal or distribute in any medium any part of the Website without WakaFun's prior written permission and authorization.
  2. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit the Website for any commercial use, whether or not for financial or any other form of compensation, unless you have the prior written permission and authorization of Wakafun. Examples of interdicted commercial use of the Website include, but not limited to, any of the following actions without WakaFun's prior written permission and authorization:
  1. You consent not to use the Website in any manner that affects negatively on us, in a way that will adversely reflect on our goodwill, name, reputation or cause discomfort to us or discourage any person or enterprise from using, linking, advertising or becoming a supplier with the Website.
  1. You agree not to use any automatised systems, including but not limited to, "robots," "spiders," that access the Website in a way that sends more request messages to the Website servers in a set period of time than a human can acceptably produce in the same period of time by using a conventional on-line web browser. However, this restriction does not extend to public search engines' “robots” or “spiders” to copy Website's materials for the purpose of creation of publicly available searchable indices of the materials, but not caches or archives of such materials. WakaFun retains the right to recall this exception either generally or in specific cases.
  2. You agree not to be involved in the transmission or distribution of any kind of unsolicited messages, such as, but not limited to, chain letters, junk e-mails or spam.
  3. You agree not to be involved in the transmission, distribution or uploading of any materials or programs that may contain spiteful or vindictive code, such as, but not limited to, viruses, timebombs, cancelbots, worms, trojan horses and spyware.
  4. WakaFun reserves the sole right to cease, sever, discontinue or make unavailable, temporarily or permanently, any part, function, feature or aspect of the Website at any time and without notice, and carries no liability for exercising this right.
  5. You agree that your use of the WakaFun website shall be at your sole risk. To the fullest extent permitted by law, WakaFun, its officers, directors, employees and agents disclaim all warranties, express or implied, and are not responsible for any direct or indirect losses, personal injury or property damages, claims, liabilities or problems that may be incurred during your involvement with WakaFun, submissions made to the Website, or any other actions performed on the Website. You agree that any cause of action arising of or related to the WakaFun website must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred.
  6. As a result of your use of the Website you may communicate with, receive communications from, be re-directed to, interact with, deal with or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners. All such interaction, correspondence, communication or participation in promotions including your use of URLs or hyperlinks referenced or included anywhere on the Website or any other form of link, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings is exclusively between you and third parties. You agree that WakaFun shall not be accountable, answerable, responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

6. Content Regulations on the Website

Additionally to general use conditions and restrictions, following conditions and restrictions apply specifically to your use of content on WakaFun. All content of the Website, including but not limited to, software, design, logo, images, text, illustrations, trademarks, trade names, artwork, graphics, other materials, personally identifiable information and copyrightable or otherwise protectible elements of the Website are property of the WakaFun and protected under the copyright, patent, or any other law(s), regulations or treaties whether local, state, federal, or otherwise. You must not change, remove or conceal any copyright or other notifications contained on the Website, including but not limited to, notifications on any material you broadcast, circulate, publish, distribute, display, transmit, print, download or reproduce from WakaFun without prior written permission and authorization of WakaFun. You agree not to interfere with security and related its features of the Website.

You may use user comments, publications and submissions only for your information and personal use as implied through the normal operation and functionality of the Website and they may not be copied, used, reproduced, distributed, broadcasted, displayed, transmitted, sold, licensed, downloaded or exploited in any other way, either commercial or non-commercial, not intended by normal operation or functionality of the Website or prohibited in this Website's Terms and Conditions. User publications or submissions could only be of noncommercial nature and you may not post publications or submissions in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

WakaFun is not responsible for the quality, completeness, accuracy, safety, usefulness, intellectual property rights and validity of user comments, publications and submissions within this Website. Furthermore, inaccurate data, errors, or missing data is possible. The Website takes great efforts to provide accurate information; this Website makes no guarantees that the information anywhere on or within the Website is entirely accurate, complete, or holds any validity whatsoever. The judgment of these factors should be made solely by the user.

You acknowledge that WakaFun's content may be deemed offensive, objectionable or indecent but agree not to hold the Website responsible for any or all liability in connection with use of publications or submissions. WakaFun reserves the right to temporarily remove or delete completely from the Website's search results pages any material published or submitted by users without prior notice. Furthermore, you acknowledge that the content within the Website do not necessarily reflect the views and opinions of this Website.

You shall be solely responsible for ensuring that no material submitted or published to this Website by you violates or breaches, in any way, Terms and Conditions of this Agreement, trademark, copyright, patent, any other law(s) or subject to third party proprietary rights, including privacy and publicity rights whether local, state, federal, or otherwise, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WakaFun all of the license rights granted herein, and you will be solely responsible for any consequences of posting or publishing any materials on WakaFun.

You grant WakaFun a non-exclusive, royalty-free, worldwide, transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display user publications or submissions for any purpose, in any way, in any media worldwide. Your user publications or submissions automatically become the property of WakaFun without any obligation of WakaFun to you and you are not entitled to any indemnification or payment of any kind from Yahoo! under any circumstances.

Additionally, you grant each user of WakaFun a non-exclusive license to access your user publications and submissions through the Website and use it in any way as permitted through functionality of the Website and under these Terms and Conditions. You agree that WakaFun may keep copies of user publications or submissions that have been temporarily removed or permanently deleted. You agree that WakaFun has no obligation or liability for the removal, deletion or failure to store to any user publications or submissions.

You agree that all correspondence and newsletter(s) released and distributed by WakaFun are a privilege and not a right for a user. We reserve the right to remove, withdraw or prohibit a user from our correspondence and newsletter(s) at any time without prior notice.

7. Copyright or Intellectual Property Infringement

If you believe that any user publications, submissions or other content on WakaFun infringes upon your copyrights or your intellectual property rights have been otherwise violated, please notify WakaFun in writing with the following information, pursuant to the Digital Millennium Copyright Act:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. identification and description and location of the copyrighted work or other intellectual property, reasonably sufficient to locate the material, that you claim to have been infringed;
  3. your contact information, such as an address, telephone number and e-mail address;
  4. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
  5. a statement by you, made under penalty or perjury, that the above information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please note that only Digital Millennium Copyright Act notices should go to our Copyright Agent by e-mail: copyright@wakafun.com, any other feedback, comments, requests for technical support, and other communications should be directed to WakaFun customer service by email: support@wakafun.com. You understand and agree that if you fail to comply with all of the requirements of Section 5(D) of Digital Millennium Copyright Act then your notice may not be valid and we may refuse to act upon it.

8. Violations

Please report any violations of the Terms and Conditions to our customer service by email: support@wakafun.com.