Terms and Conditions


Welcome to Wasder, a digital platform, community, streaming service and much more – provided to you (“You”, “Your”) by us at Wasder AB, a Swedish corporation with registered and business offices at Norrtullsgatan 57, 113 45 Stockholm, Sweden (“Wasder”). These Terms and Conditions apply to your use of the products and services provided to you on www.wasder.gg, the Wasder mobile app, Wasder pro, or any related product or service provided by us at Wasder (collectively, the “Services”). If other terms and conditions apply to your use of any specific Service, those terms and conditions will be specified in that context and will apply without prejudice to these Terms and Conditions. By using the Services, you agree to these Terms and Conditions and accept that this is an agreement with legally binding effect between you and Wasder.

1. ACCESS TO OUR SERVICES

Access to, and usage of, our Services is subject to compliance with these Terms and Conditions. As such, if you breach any of the Terms and Conditions set out herein as deemed by us in our sole discretion, we reserve the right to terminate your access to any and all Services which we provide. If your access has previously been terminated, you may not access the Services again, unless we grant you a specific exemption. It is important to us that you feel comfortable using our Services without fear of unwarranted termination, and we will never terminate your access frivolously or unduly – however, the safety, comfort and wellbeing of our users is our utmost concern, and if you jeopardize that or otherwise breach these Terms and Conditions, your access will be terminated.


To access the Services, you will need access to the Internet, and will need to register an account with Wasder. When you register an account, you will have to specify certain information such as a password and username. It is your responsibility to keep that information secure and protected from unlicensed access. The account which you register is personal to you, and you may not, under any circumstance, intentionally or unintentionally, allow anyone but yourself to access your account. Further, you may not access the Services if you are under 13 years of age, unless we have given you explicit written permission. If you are over 13 but under 18 years of age, you need to obtain parental consent to access the Services. If you are under 13 years old, or if you are over 13 years old but under 18 and are accessing the Services without parental consent, there is no valid agreement between you and Wasder, and your access to the Services is unauthorized.

2. OUR SERVICES

2.1 Community  

2.2 Sharing

2.3 Discovery

2.4 Engagement

3. YOUR OBLIGATIONS

When you use our Services, there are certain obligations placed on your use, behavior and general conduct. This section of the Terms and Conditions explains what those obligations are. Remember that anything you say, share or do while using the Services is your responsibility.


3.1 True and accurate information

You must provide us with truthful, accurate and complete information about yourself as and when requested, in particular when registering an account. It is your responsibility to update and maintain this information so that it remains true and accurate for the entirety of your use of the Services.


3.2 Following applicable law

While you are using the Services, you must adhere to the applicable laws of the country that you are in. This can mean a variety of obligations placed on you, such as not accessing the Services if you are not legally allowed to enter a contract, or not committing criminal acts on or while using the Services. It is your responsibility to know your legal obligations, and if you are not able to comply with those obligations, we may terminate your access, depending on the specific circumstances.


3.3 What you are not allowed to share or say

We at Wasder support your right and opportunity to share and say things which are important to you. We want you to express yourself about the things which you are passionate about, and we encourage discussion in all forms. We understand that when you discuss subjects which are important to you, it can get heated – and that is perfectly fine. We also understand that there is nuance to expression, and the same words from different people in different contexts may mean different things. In determining what does and does not constitute allowed content, we try to take those nuances into account. That being said, there are some things which we cannot, and will not, allow to be said and/or shared on our Services. As such, you may not share or state, as applicable, any of the following content:

-        Unlawful or illegal content;

-        Discriminatory content or materials;

-        Racially or ethnically offensive content and/or materials;

-        Fraudulent and/or misleading content, material or information;

-        Infringement of someone else’s rights, including, but not limited to, intellectual property rights

-        Self-harm;

-        Sexually explicit content;

-        Threatening or abusive content;

-        Violent content;

-        Excessively violent or gory materials or content:

-        Excessively mean or harmful content:

-        Harassment;

-        Marketing, such as advertisement, without having an agreement with Wasder for paid materials;

-        Promoting any of the above, as applicable.


3.4 What you are not allowed to do

As with what you say and share, there are some actions or activities which we cannot allow on the Services. As a general rule, we do not allow activities which disrupt either the functioning of the Services or the enjoyment for other users. In particular, it is no allowed to:

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Your intellectual property

Anything which you create, you own. Uploading content which you have created and own to any of the Services does not change this – we do not take ownership of anything you post or share on our Services, and you are free to post or share the same material in any other context without our input. However, for us to provide you the Services, it is necessary for you to grant us a license to your content. As such, you agree to grant us a non-exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, fully sub-licensable, paid in full license to use, reproduce, modify, publish, translate, create derivates of, distribute, perform and otherwise exercise all intellectual property and other rights, for any and all content created by you and used on or in connection with the Services. Please note that this includes any content that you share, post, comment, or otherwise publish on any of the Services.

4.2 Our intellectual property

All content, material and information on the Services is owned by Wasder, with the exception of User Content (as specified in section 8). Wasder owns all names, images, logos, slogans, look and feel, any custom graphics, script and code used in association with the Services. It is not allowed to use any of the aforementioned, wholly or in part, in any context in which it may cause confusion to customers or users and under no circumstances in a way which may harm the brand of Wasder or may disparage or discredit Wasder’s name. You may only use our intellectual property as specified in these Terms and Conditions, and Wasder reserves all rights not explicitly granted herein. Nothing in these Terms and Conditions shall be construed to grant you a license for the use of any of Wasder’s intellectual property, except as expressly stated. What is stated under this section 4.2 also applies to any subsidiary to Wasder, as well as to any third-party licensee or materials.

4.3 Your license

As part of the Services, you are granted a personal, royalty-free, worldwide, non-transferrable, and non-exclusive license to use any software provided as a part of and within the Services. This is to allow you the full use and benefit of the Services and cannot be used for any other purpose than your personal use of the Services.

5. PAYMENT AND PURCHASES

6. PRIVACY

Your privacy and integrity are important to us. We are compliant with the GDPR and handle your data with the utmost care. For information about how we handle privacy issues, please see our Privacy Policy and our Cookie Policy.

7. THIRD PARTY CONTENT

There may at times be third-party content in the Services. This can take the form of, for example, advertising or content uploaded to the Services directly. We monitor third party content in our Services, but please be advised that any content produced by a third party does not represent Wasder, and that if you leave our Services, we cannot be held liable for anything which may occur to you while visiting any service or product outside our Services, even if you reached those products or services through our Services.

8. USER CONTENT

You are welcome and encouraged to contribute to the Wasder community by creating and uploading content. If you choose to share your content on the Services, you are responsible for the consequences of sharing that content. As such, you may only upload and share content which you own or for which you have acquired the appropriate legal rights to publish it under your applicable law. You may not share content which infringes the rights of others, including intellectual property rights. Any action taken against you by a third party for content which you have uploaded or shared on the Services is your liability, and we cannot help you with any such issue. We may remove content shared by you if we are informed that you do not have the legal rights to share the content in question, or if the content otherwise breaches any of the Terms and Conditions set out in this agreement.

Please be advised that we do not take responsibility for the veracity, accuracy or reliability of any content created by users in the Services, and do not endorse or support any statements or opinions given by users in the Services. If you rely on content created by users in the Services, you do so at your own risk. By using the Services, you may be exposed to content which you find offensive or hurtful. While we moderate the content on our Services, ultimately such content is the responsibility of the individual poster.

We strive to protect your rights in relation to the content that you share on the Services and make efforts to that end. It is however not possible for us to completely protect you from unlicensed copying, distribution or use of your content. If you share content on our Services, you understand that there is a risk of third parties committing some or all of such unlicensed activities, and you agree that Wasder is not liable for any damage arising from such unlicensed activities by third parties.

9. DISCLAIMER AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CARRY LIABILITY FOR ANY LOSS INCURRED BY YOU, WHICH IS NOT CAUSED BY OUR BREACH OF THESE TERMS AND CONDITIONS. WE DO NOT MAKE REPRESENTATIONS OR WARRANTIES FOR THE CONTENT OR FUNCTIONING OF THE SERVICES, NOR THE BEHAVIOR OF USERS ON THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES IS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AT YOUR OWN RISK, AND WASDER DISCLAIM ANY AND ALL WARRANTS AND REPRESENTATION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.

WASDER IS NOT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR REVENUES ARISING AS A CONSEQUENCE OF YOUR USE, ACCESS TO, OR INABILITY TO USE OR ACCESS THE SERVICES, OR ANY CONTENT ARISING FROM A THIRD PARTY IN THE SERVICES. NOTE THAT THIS LIMITATION OF LIABILITY APPLIES TO DELAYS OR ISSUES IN DELIVERY FOR ANY RELEVANT SERVICE WHICH YOU MAY REQUEST, MEANING THAT WASDER WILL NOT BE LIABLE FOR DAMAGES, LOSS OR COSTS ARISING FROM DELAYS IN ANY REQUESTED SERVICE.

WITHOUT LIMITATION TO ANYTHING IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE WILL WASDER’S, ITS LICENSORS’ OR SUPPLIERS’ AGGREGATE LIABILITY FOR ALL INCIDENTS UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE LESSER OF: I) THE TOTAL AMOUNT OF MONIES ACTUALLY RECEIVED BY WASDER FROM YOU BY YOU IN THE PAST 12 MONTHS PRECEDING THE CLAIM; OR II) $ 1,000.00. U.S. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL REMEDY. 

10. UPDATES AND NEW VERSIONS

We continually update both these Terms and Conditions, as well as the Services. We recommend that you regularly review these Terms and Conditions to keep updated on your rights and obligations hereunder. It is important that you do these regular reviews, since your continued use of the Services constitutes an acceptance of changes made to these Terms and Conditions – it is your responsibility to keep yourself informed regarding your obligations and rights. If we make significant changes to these Terms and Conditions, we will inform you that such changes have been made in an appropriate manner, for example via e-mail or directly to your account on the Services.

We may from time-to-time update, change or modify the Services. Those changes may, depending on the specifics of which service you use and the relevant changes, require you to download and/or install updates or patches to the Services. Those updates will change the Services, and you hereby accept and understand that downloading and installing such changes will alter how the Services function and how you interact with the Services. If we make updates available to you, you must install them for the proper functioning of the Services. If you use the Services without installing updates which have been made available to you, we are not responsible for the proper functioning of the Services. Please note that it is in our sole discretion when, how and in what manner updates are provided, and you are not entitled to updates nor to any specific changes made to the Services.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Wasder, its affiliates, licensors, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Service including related services by a third party with the use of your account.

12. DISPUTES

12.1 General

We hope that your use of our Services is problem-free, but we understand that sometimes users wish to raise complaints or take issue with other user’s conduct etc.

12.2 Disputes with Wasder

If you wish to raise a complaint or dispute with us, you agree to first contact us in writing, to attempt to solve any issues informally. This can be done to our support email, specified in the “contact us” section. Please include your name, residential or email address, as well as a description of your complaint or issue, and we will answer you as soon as possible. If we cannot reach a satisfactory solution to your complaints within 60 days of us receiving your complaint, you or we may initiate legal proceedings.

12.3 Arbitration

If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction. You may choose to waive this arbitration term. Then neither you nor Wasder can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Wasder in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Service account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to our addresses specified in the “contact us” section. If you do not waive this arbitration section it will continue to apply to you.

12.4 Governing law

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law. The parties hereby except for arbitration where applicable under section 12.3 above, consent to the sole and exclusive jurisdiction of the courts of Sweden, with the District Court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement. Notwithstanding anything to the contrary, Wasder may apply to any court of competent jurisdiction for injunctive or other equitable relief or payments.

12.5      User disputes etc.

You are solely responsible for your interactions and transactions with other users of the Services and third parties like publishers, partners, advertisers etc. We reserve the right, but have no obligation, to monitor disputes between you and other users.

13. WARNING FOR PHOTOSENSITIVE SEIZURES

A very small percentage of the population may experience seizures when exposed to certain light patterns or flashing lights. We do not filter out content on the Services which may trigger such seizures, and we do not take responsibility for such effects in the Services. You are accessing and using the Services on your own risk. Nor does Wasder take any responsibility for motion sickness, any balance problem etc. that may occur from using the Services. If you have an epileptic condition, please consult a physician before accessing the Services.

14. YOUR FEEDBACK

We are always happy to receive feedback, suggestions and ideas from you regarding our Services. As part of this agreement, you agree that we may freely use or implement any feedback which you provide us without any restriction or obligation to compensate you, and you will not have any legal ownership or right to any such feedback or suggestions.

15. GENERAL TERMS

15.1 Term and termination

These Terms and Conditions are in effect until amended by us in our sole discretion. We may change or discontinue the Services in whole or in part at any time and for any reason, with no liability. Likewise, we may terminate the Services at any time and for any reason in our sole discretion. If you have made any payment, you will not receive a refund if we elect to terminate the Services. Sections 1, 3, 4, 6, 7, 8, 9, 11, 12, 14 and 15 of these Terms and Conditions shall survive any termination.

15.2 Severability

If for any reason any provision of the Terms and Conditions shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

15.3 Entire agreement, assignment

These Terms and Conditions constitute the entire agreement between you and Wasder with respect to the subject matter hereof, and supersedes all previous written or oral agreements between us. Wasder may assign its rights under the Terms and Conditions without notice to you. You may not assign Your rights under the Terms and Conditions.

16. CONTACT US

The Service and related products and services hereunder are offered by Wasder AB, a Swedish corporation with registered offices at Norrtullsgatan 57, 113 45 Stockholm, Sweden. If you have questions or concerns about these Terms and Conditions, contact us at:

Email: contact@wasder.gg

 

Last Updated: October 26, 2021

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