PREAMBLE
A. Subject
WonderBlah has developed a content creation platform accessible on a website at the address www.wonderblah.com, and soon in the form of a mobile application, and designed to allow any registered user (hereinafter referred to as the "Wonder") to create, share, like, comment Blahs and/or submit these created Blahs to the Games & Partnerships developed by WonderBlah (hereinafter referred to as the “Platform”) and its partners.
These Terms and Conditions of Services have the purpose of governing access to and the terms of use of the Platform. Please read them carefully. You understand and recognize that WonderBlah is not party to any agreement, contract or contractual relations, of any nature, entered into between the users of its Platform.
B. Definitions
In this document, “Account” means the account that must be created in order to become a Wonder and access certain services offered by the Platform; "Blah" means a content creation including photos, punchlines, quotes, captions and other written and/or visual materials; "Game" means any game developed by a game author and licensed to WonderBlah for edition and commercial purposes; “Platform” has the meaning given to it in Article A above; “Services” and/or "Service'" mean all services delivered by WonderBlah via the Platform; “TCS” and/or "Terms" mean these Terms and Conditions of Services; “ToS” and/or "Terms" mean these Terms and Conditions of Services; “Website” means the website accessible at the address www.wonderblah.com and wonderblah.com; “Wonder” means any individual and/or organization having created an Account on the Platform; “WonderBlah” has the meaning given to it in Article A above; “Wonder Content” has the meaning given to it in Article 3 below;
1. Using WonderBlah
You may use our Platform only if you can form a binding contract with WonderBlah, and only in compliance with these TCS and all applicable laws. When you create your WonderBlah account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these TCS and bind the entity to these TCS, and that you agree to these TCS on the entity's behalf.
BY CLICKING “TURN ME INTO A WONDER !” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “TURN ME INTO A WONDER !” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
2. License
Subject to these TCS and our Policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform.
In addition, you grant to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Wonder Content through the Service, and to use, reproduce, distribute, share, display, adapt, prepare derivative works of, compile, make available, communicate to the public such Wonder Content, along with your WonderName, to the extent permitted by the functionality of the Service and in accordance with these Terms.
3. Creating Blahs & using the Platform
WonderBlah allows you to post content, including photos, punchlines, quotes, captions and other written and/or visual materials. Anything that you post or otherwise make available on our Platform is referred to as "Wonder Content". You retain all rights in, and are solely responsible for, the Wonder Content you post to WonderBlah.
You grant WonderBlah and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your Wonder Content on WonderBlah solely for the purposes of operating, developing, providing, and using the WonderBlah Platform. Nothing in these TCS shall restrict other legal rights WonderBlah may have to Wonder Content, for example under other licenses. We reserve the right to remove or modify Wonder Content for any reason, including Wonder Content that we believe violates these TCS or our Policies.
Following termination or deactivation of your account, or if you remove any Wonder Content from WonderBlah, we may retain your Wonder Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, WonderBlah and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your Wonder Content that other users have stored or shared through WonderBlah or - but not limited to - their email, text messaging and SMS apps, social networks, blogs and/or websites.
4. Prohibited Content & Conduct
You agree not to engage in any of the following activities :
4.1. Violating laws and rights : You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
4.2. Solicitation : You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
4.3. Disruption : You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4.4. Harming others : When using the Platform you undertake : - not to send WonderBlah (notably upon creation or updating of your Account) or the other Wonders any false, misleading, malicious or fraudulent information; - not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of WonderBlah or a third party or contrary to good morals; - not to infringe the rights and image of WonderBlah, notably its intellectual property rights; - to comply with these TCS and the Privacy Policy. You may not intimidate or harass another through the Services.
4.5. Impersonation or unauthorized access : You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services; You may not use or attempt to use another’s account or personal information without authorization; and You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
5. Copyright, Reporting and Notice & Takedown Policy
5.1. . WonderBlah respects the intellectual property rights of others and expects users of the Service to do the same.
5.2. If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information : a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; 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 a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following : a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
5.3. Your notice should be sent to us by email to contact (at) wonderblah.com.
5.4. If you discover any content on the Service that you believe infringes any of your other proprietary rights (including but not limited to trademarks, or rights of personality), please report this by following the above guidelines and send your notice to contact (at) wonderblah.com.
5.5. If you receive or encounter Blahs or other content which you find offensive via the Service, or you believe a user is in violation of these Terms and / or the Privacy Policy, we recommend contacting the relevant user directly and attempting to reach a mutually agreeable solution. If this does not result in a satisfactory outcome, please report it to us via email to contact (at) wonderblah.com. You understand that we may forward your notification to the author of the allegedly infringing content for a counter statement. We also reserve the right to transmit a user’s contact data to a rights owner who has substantiated an infringement by such user for the purposes of enforcing its statutory rights.
6. Feedback on WonderBlah
We value hearing from our users, and are always interested in learning about ways we can make WonderBlah more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, WonderBlah does not waive any rights to use similar or related Feedback previously known to WonderBlah, or developed by its employees, or obtained from sources other than you.
7. Security
We care about the security of our users. While we work to protect the security of your content and account, WonderBlah cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
8. Termination
By WonderBlah : WonderBlah may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by WonderBlah at any time and for any reason.
By you : If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for two years after termination.
9. Disclaimers
The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WONDERBLAH OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WONDERBLAH DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY WONDERBLAH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WONDERBLAH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
WonderBlah takes no responsibility and assumes no liability for any Wonder Content that you or any other Wonder or third party posts or transmits using our Platform. You understand and agree that you may be exposed to Wonder Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WONDERBLAH BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF WONDERBLAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WONDERBLAH IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL WONDERBLAH'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
11. Changes to the Terms
From time to time, WonderBlah may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. All new and / or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms. If you do not agree to the new terms, please stop using the Services.
WonderBlah reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.
12. Governing law and juridiction
These Terms shall be governed by the laws of France, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a court located in Paris, France.
13. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WonderBlah without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14. Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with WonderBlah in connection with the Services, shall constitute the entire agreement between you and WonderBlah concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
15. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WonderBlah's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless WonderBlah, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
17. Privacy Policy
WonderBlah is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
18. Trademarks.
WonderBlah and other related graphics, mottos, logos, service marks, and trade names used on the Platform are the trademarks of WonderBlah 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 the Site are the property of their respective owners.
Effective date : January 1st, 2020
