Terms of Service
last modified 10/26/2024 (MM/DD/YYYY)These Terms of Service apply to the website "wamellow.com," all its associated subdomains, and our Discord bot application(s) with the user ID(s) "1125449347451068437". "we", "us", and "our" refer to the online service Wamellow.
General
This page contains the Terms of Service ("Agreement," "Terms of Use") that all users must adhere to. We are required to clearly define the applicable rights and limitations. By using our service, you …- (1.) … accept these Terms of Service.
- (2.) … accept our Privacy Policy.
- (3.) … automatically enter into a contract between you (the "Consumer," "User"), us, and these Terms of Service.
- (4.) … confirm that you have reached the digital age of majority in your country or have the consent of your legal guardian.
If you do not agree to these Terms of Service or the Privacy Policy, you agree not to use this service in any way. If you use a translator and there is any discrepancy, the English and original versions shall prevail.
Services “AS IS”
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEES REGARDING THE AVAILABILITY, UPTIME, OR RELIABILITY OF THE SERVICE. THE SERVICE MAY GO OFFLINE AT ANY POINT WITHOUT NOTICE, AND ANY DATA STORED OR TRANSMITTED THROUGH THE SERVICE MAY BE LOST OR VANISH AT ANY TIME WITHOUT PRIOR WARNING OR LIABILITY. ADDITIONALLY, FEATURES OF THE SERVICE MAY BE ADDED, MODIFIED, OR REMOVED AT ANY TIME WITHOUT NOTICE.Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAMELLOW AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:- (1.) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
- (2.) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- (3.) ANY CONTENT OBTAINED FROM THE SERVICE; AND
- (4.) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL WAMELLOW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
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. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Restrictions
When using our Services, you must comply with these Terms and all applicable laws, rules and regulations and use the Services only for authorized and acceptable purposes. Generally, you must not do, attempt to do, or encourage or assist others to do any of the following:- Do not use the Services to cause harm to yourself or others. This includes, but is not limited to, attempting to gain access to another user's account or non-public portions of the Services, violating the intellectual property rights of others or other proprietary rights, harassing, bullying, spamming, auto-messaging, or autodialing anyone through our Services.
- Do not use the Services to harm Wamellow. This includes, but is not limited to, attempting to access or attack our systems, scraping, transmitting viruses or other malicious code onto our Services, abusing or defrauding us or our payment systems, copying our products or using our intellectual property without permission, and abusing our reporting or customer service mechanisms.
- Do not use the Services to do anything else that is illegal. This includes using the Services to commit a crime or infringe the intellectual property rights of others.
Intellectual Property
Virtual elements (including but not limited to images, graphics, design, text, videos, music, sound) that belong to us and/or represent, reflect or identify us may not be reproduced by your own. You agree not to edit, distribute, develop, publish, sell as your property, or otherwise reuse it without the express written permission of an authorized person who owns the proprietary rights. Any media uploaded is done so with the users consent and Wamellow and its developers are not responsible for users uploading copyrighted/trademarked content at any given time or instance. This includes but is not limited to- Rank, Greet & Farewell banners
- Leaderboard Rank Card emojis
- Leaderboard banners
- Discord user avatars or banners
Age requirements
By accessing our Services, you confirm that you are at least 13 years old and meet the minimum age for digital consent applicable in your country. If you are old enough in your country to access our Services but not old enough to agree to our Terms, your parent or legal guardian must agree to the Terms on your behalf. Ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian and you allow your teen to use the Services, these Terms also apply to you and you are responsible for your teen's activities on the Services.Governing Law and Dispute Resolution
Any dispute or claim arising from or related to these Terms of Service, including any non-contractual disputes or claims connected to their subject matter or formation, shall be governed by and construed in accordance with the laws of the Republic of Austria.Violations
In the event of violations of our Terms of Service, we reserve the right to delete the content in question from our database, to exclude the responsible user from our Service and to take legal action. Any violation against these Terms of Service will be dealt with on an individual basis by the Service management.Changes and Limits
We have the discretion to change our Terms of Service to reflect updates to our business processes, current acceptable practices, or legal or regulatory changes. If we decide to change these Terms of Service, we will post the changes here at the same link you use to access these Terms of Service. We reserve the right to update our Terms of Service at any time without notice.We have no control over the Terms of Service of any external services that this website might link. We are not affiliated with any service linked on this website.
