Terms of Service

Updated May 5th, 2021


THESE TERMS GOVERNS YOUR USE OF Waffler WEBSITE AND SERVICE. PLEASE READ THE TERMS CONTAINED HEREIN CAREFULLY BEFORE USING THIS SERVICE. All reference to the ‘Waffler’ refers to “Waffler”, “us”, “we” or “our”. All Waffler members (“Members”), must comply with these Terms of Service. Waffler reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding to you. This service has been made available to you through the Discord platform. By using this service, you agree to the terms and conditions available at https://discordapp.com/terms and other policies made available on the platform. You understand that it is your responsibility to read the terms and policies available on the platform.

Eligibility

To use any part of this Service, you warrant that you’re at least 13 years old. You also agree that you: (i) can enter into a Binding Agreement with Waffler or your parent or legal guardian has read, reviewed and agreed to accept the Terms of Service; (ii) will comply with these Terms of Service and all applicable local, national, and international laws, rules, and regulations.

License

We grant you a limited, revocable, non-transferable, and non-exclusive license to use this the Service. This license is personal to you and may not for any reason whatsoever be assigned or sublicensed to any third party or any other entity.

Membership

To fully use the Service, you will be required to create an account. You must provide us with complete and accurate registration information. You will be responsible for updating your information from time to time. By using the Service, you agree that you will not: (i) operate more than one account (ii) create another account if We have disabled your account unless you have Waffler's written permission to do so; (iii) buy or sell access to your account without Waffler's written permission; (iv) share your account password; and (v) log in or attempt to access the Service through unauthorized third-party applications or clients. You are solely responsible for all authorized and authorized use of your account. We advise that you keep your login credentials safe from third-party access at all times.

Term

The Terms of Service shall commence on the date of your account registration and continues as long as you have an account with Waffler and continue to use the Service. We may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submit to Waffler via the Service if Waffler determines that you have violated any provision of the Terms of Service or for any other reason. If Waffler disables or deletes your account for the reasons mentioned herein. Upon termination, all licenses granted by Waffler will terminate, and you understand that you will not be entitled to any refunds for membership fees.

By creating an account with Waffler, you agree that you will be charged a membership every month commencing from the date you sign-up to this service. You will be charged through such payment information you provide to us. By providing payment information to us, you warrant that you own the payment instrument and authorize and our third-party payment processors to charge the monthly membership fees through the payment information you have provided. If payment isn’t made by the due date, you will get the grace of 3 days before we retry the charge. If the final charge is unsuccessful, your subscription will be terminated

You may cancel your subscription at any time through our dashboard. You understand that such cancellation shall be automatic and your access to all our services will be by the end of the billing period. If the dashboard is not functional, you may cancel at any time by contacting us via email or opening a ticket in the support server. It is your sole responsibility to cancel your membership when you want to stop using this service. If you do not cancel your subscription, you will be charged continuously until you cancel your subscription.

At the end of your billing period, you will have 30 days to renew your subscription, otherwise the user may risk their account being terminated.

Content Restrictions

You agree not to:

Send or otherwise post unauthorized commercial communications (such as spam) on the services.

Collect Users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

Engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.

Upload viruses or other malicious code.

Solicit login information or Account IDs or access an account belonging to someone else.

Use extreme, derogatory or abusive language or act with hostility.

Insult, mock bully, intimidate, harass, or attack other users based on race, gender, age, occupation, physical or mental health, and opinions. Harassing other users via private messages are considered to be in violation of the aforementioned rules.

Post content that is hateful, threatening, pornographic or that contains nudity or graphic or gratuitous violence.

Develop, advertise, or otherwise market alcohol-related or other mature content.

Use Waffler to do anything unlawful, misleading, malicious, or discriminatory.

Do anything that could disable, overburden, or impair the proper working of Waffler or the Services, such as a denial of service attack.

Facilitate or encourage any violations of these Terms of Service.

Troll / spam other members on Discord.

Provide contents from another platform to members of Waffler.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

User Contributions to our Services

PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE. We may now or in the future enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video, or audio material) to our Services (user Contributions). You remain the owner of the copyright in any original user Contribution that you submit. By submitting any user Contribution to any of our Services and in consideration of us making available to you the opportunity to upload any user Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable license of the entire right, title, and interest in and to such user Contribution so that we and any successor may use the user Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such user Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity. The permission you have granted to us is not exclusive and therefore you may continue to use the user Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Intellectual Property Rights

The Services contains content and technology of Waffler that is protected by copyright, trademark, patent, trade secret, and other laws. Waffler owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). In order to operate the Services, Waffler needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Waffler, or making available for inclusion in publicly accessible areas of Waffler, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorizationw to do so. If you make suggestions to Waffler on improving or adding new features to the Service, You expressly grant us the right to use your suggestions without any compensation or obligation to you. You also hereby grant Waffler a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Waffler and will terminate at the time such Content is hidden or removed from the Services by you or by Waffler; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent, Waffler needs to use such Content in connection with any investigation or compliance with any laws. You agree to not post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Waffler reserves the right to remove or hide or change any images without notice.

Indemnification

You will indemnify, defend, and hold harmless Waffler and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Service; (ii) assert a violation by you of any term of the Terms of Service; or (iii) assert that any content you created using the Service or submitted to Waffler violates any law or infringes any third party right, including any intellectual property or privacy right.

Warranties and Disclaimer

Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy). We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that make them available are free of viruses or bugs. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Links To and From our Services

We have no control over the content or availability of third party sites that you may access through our Services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER USERS. Waffler IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. Waffler IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS. IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR SERVICE, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER Waffler'S CONTROL (SUCH AS THIRD-PARTY SERVERS). Waffler MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Waffler AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Waffler MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Waffler OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Waffler OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) SERVICE FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORISED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES

Modifications

Waffler reserves the right to modify or revise the Terms of Service at any time and for any reason. Waffler will use reasonable efforts to notify you of any significant changes to the Terms of Service. Any revised version of the Terms of Service will be effective as of the date it is posted within the Service. Use of the Service after any such revision of the Terms of Service has been posted shall constitute your agreement to the Terms of Service outlined in the revised Terms of Service.

Rights and Waivers

Waffler reserves all rights not expressly granted to you herein. No failure or delay by Waffler in exercising any right hereunder constitutes a waiver of any further exercise of that right. Waffler’s rights and remedies hereunder are cumulative and not exclusive.