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Wadja.com Terms of Agreement


Last Updated: March 4, 2007

Wadja.com is a mobile social networking service that allows Members to create unique personal mobile profiles and mobile web sites online in order to find and communicate with old and new friends. The services offered by Wadja.com ("Wadja.com" or "we") include the Wadja.com website (the "Wadja Website"), the Wadja.com Internet mobile service, and any other features, content, or applications offered from time to time by Wadja.com in connection with the Wadja Website (collectively, the "Wadja Services"). The Wadja Services are hosted in the U.K.


This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Wadja Services. By using the Wadja Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Wadja Website) or you are a "Member" (which means that you have registered with Wadja.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Wadja Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Wadja Website and discontinue use of the Wadja Services immediately. If you wish to become a Member, communicate with other Members and make use of the Wadja Services, you must read this Agreement and indicate your acceptance during the Registration (Get a Wadja ID) process.


This Agreement includes Wadja.com's policy for acceptable use of the Wadja Services and Content posted on the Wadja Website, your rights, obligations and restrictions regarding your use of the Wadja Services and Wadja.com's Privacy Policy. In order to participate in certain Wadja Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Wadja Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@wadja.com.


Wadja.com may modify this Agreement from time to time and such modification shall be effective upon posting by Wadja.com on the Wadja Website. You agree to be bound to any changes to this Agreement when you use the Wadja Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.


Please choose carefully the information you post on Wadja.com, create with the Wadja Mobile Editor and that you provide to other Users. Your Wadja.com mobile profile may not include the following items: street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Wadja.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Wadja.com assumes no responsibility or liability for this material. If you become aware of misuse of the Wadja Services by any person, please contact Wadja or click on the "Report Inappropriate Content" email at the bottom of any Wadja.com page.


Wadja.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Wadja Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Use of and Membership in the Wadja Services is void where prohibited. By using the Wadja Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Wadja Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.


  2. This Agreement shall remain in full force and effect while you use the Wadja Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Help/FAQs page. Wadja.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.


  3. You acknowledge that Wadja.com reserves the right to charge for the Wadja Services and to change its fees from time to time in its discretion. If Wadja.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.


  4. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Wadja.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.


  5. The Wadja Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Wadja.com. Illegal and/or unauthorized use of the Wadja Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Wadja Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Wadja Services.




    1. Wadja.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Wadja Services or host with the Wadja Mobile Editor. After posting your Content to the Wadja Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Wadja Services, you hereby grant to Wadja.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Wadja Services.

      2. Without this license, Wadja.com would be unable to provide the Wadja Services. For example, without the right to modify Member Content, Wadja.com would not be able to deliver and compress music or video files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Wadja.com could not allow Users to listen to music and ring tones posted by Members. The license you grant to Wadja.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Wadja.com), fully-paid and royalty-free (meaning that Wadja.com is not required to pay you for the use on the Wadja Services of the Content that you post), sub licensable (so that Wadja.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Wadja Services), and worldwide (because the Internet and the Wadja Services are global in reach). This license will terminate at the time you remove your Content from the Wadja Services. The license does not grant Wadja.com the right to sell your Content, nor does the license grant Wadja.com the right to distribute your Content outside of the Wadja Services.

    2. You represent and warrant that: (i) you own the Content posted by you on or through the Wadja Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Wadja Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Wadja Services.


    3. The Wadja Services contain Content of Wadja.com ("Wadja.com Content"). Wadja.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Wadja.com owns and retains all rights in the Wadja.com Content and the Wadja Services. Wadja.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Wadja.com Content (excluding any software code) solely for your personal use in connection with viewing the Wadja Website and using the Wadja Services.


    4. The Wadja Services contain Content of Users and other Wadja.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Wadja Services.




    1. Wadja.com may delete any Content that in the sole judgment of Wadja.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Wadja.com assumes no responsibility for monitoring the Wadja Services for inappropriate Content or conduct. If at any time Wadja.com chooses, in its sole discretion, to monitor the Wadja Services, Wadja.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.


    2. You are solely responsible for the Content that you post on or through any of the Wadja Services, and any material or information that you transmit to other Members and for your interactions with other Users. Wadja.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Wadja.com prior to posting and does not necessarily reflect the opinions or policies of Wadja.com. Wadja.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.


  8. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Wadja Services. Wadja.com reserves the right to investigate and take appropriate legal action against anyone who, in Wadja.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Wadja Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Wadja.com:


    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;


    2. harasses or advocates harassment of another person;


    3. exploits people in a sexual or violent manner;


    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;


    5. solicits personal information from anyone under 18;


    6. provides any street addresses, last names, URLs or email addresses;


    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;


    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files outside of the Wadja service;


    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";


    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);


    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;


    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;


    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;


    14. includes a photograph of another person that you have posted without that person's consent; or


    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive


  9. The following is a partial list of the kind of activity that is illegal or prohibited on the Wadja Website and through your use of the Wadja Services. Wadja.com reserves the right to investigate and take appropriate legal action against anyone who, in Wadja.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:


    1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;


    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Wadja Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Wadja Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Wadja.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Wadja.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Wadja Services, you acknowledge that you will have caused substantial harm to Wadja.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Wadja.com 50 Euros for each such unsolicited email or other unsolicited communication you send through the Wadja Services;


    3. covering or obscuring the banner advertisements on your personal profile page, or any Wadja.com page via HTML/CSS or any other means.


    4. any automated use of the system, such as using scripts to add friends or send comments or messages;


    5. interfering with, disrupting, or creating an undue burden on the Wadja Services or the networks or services connected to the Wadja Services;


    6. attempting to impersonate another Member or person;


    7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.


    8. selling or otherwise transferring your profile;


    9. using any information obtained from the Wadja Services in order to harass, abuse, or harm another person;


    10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Wadja Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top" friends, or sending private messages with a commercial purpose; or


    11. using the Wadja Services in a manner inconsistent with any and all applicable laws and regulations.


  10. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Wadja.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Wadja.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Wadja Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Wadja Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Member Disputes. You are solely responsible for your interactions with other Wadja.com Members. Wadja.com reserves the right, but has no obligation, to monitor disputes between you and other Members.


  11. Use of the Wadja Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.


  12. Wadja.com is not responsible for any incorrect or inaccurate Content posted on the Wadja Website or in connection with the Wadja Services, whether caused by Users of the Wadja Services or by any of the equipment or programming associated with or utilized in the Wadja Services. Profiles and mobile web sites created and posted by Members on the Wadja Website may contain links to other websites. Wadja.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Wadja.com. Inclusion of any linked website on the Wadja Services does not imply approval or endorsement of the linked website by Wadja.com. When you access these third-party sites, you do so at your own risk. Wadja.com takes no responsibility for third party advertisements which are posted on this Wadja Website or through the Wadja Services, nor does it take any responsibility for the goods or services provided by its advertisers. Wadja.com is not responsible for the conduct, whether online or offline, of any User of the Wadja Services. Wadja.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Wadja.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Wadja Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Wadja Services. Under no circumstances shall Wadja.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Wadja Services, attendance at a Wadja.com event, from any Content posted on or through the Wadja Services, or from the conduct of any Users of the Wadja Services, whether online or offline. The Wadja Services are provided "AS-IS" and as available and Wadja.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Wadja.com cannot guarantee and does not promise any specific results from use of the Wadja Services. Wadja.com bears no responsibility for Content created by users of the Wadja Mobile Editor who have downloaded and created mobile sites with the Wadja Mobile Editor and hosted the mobile web sites elsewhere other than with Wadja.com. Wadja.com bears no responsibility for any damage incurred to your personal computer, notebook, or laptop from downloading the Wadja Mobile Editor. The Wadja Mobile Editor is simply a tool to facilitate and help users create a mobile web site.


  13. Limitation on Liability. IN NO EVENT SHALL WADJA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WADJA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WADJA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WADJA.COM FOR THE WADJA SERVICES DURING THE TERM OF MEMBERSHIP.


  14. Software (including the Wadja Mobile Editor) available in connection with the Wadja Services (the "Software") is further subject to European export controls. No Software may be downloaded from the Wadja Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.


  15. If there is any dispute about or involving the Wadja Services, you agree that the dispute shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Republic of Cyprus. Either Wadja.com or you may demand that any dispute between Wadja.com and you about or involving the Wadja Services must be settled by arbitration utilizing the dispute resolution procedures of the European Union, provided that the foregoing shall not prevent Wadja.com from seeking injunctive relief in a court of competent jurisdiction.


  16. You agree to indemnify and hold Wadja.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Wadja Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Wadja Website or through the Wadja Services causes Wadja.com to be liable to another.


  17. This Agreement is accepted upon your use of the Wadja Website or any of the Wadja Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Wadja.com regarding the use of the Wadja Services. The failure of Wadja.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Wadja.com is a trademark of Wadja, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


  18. Wadja provides services which allow users to access and customize Internet content through mobile phones, PDAs, and other alternative devices. These devices may collect different information than what is collected by computers. In order to use certain Mobile Wadja services you are required to add your mobile number to your account information and/or content pages; we will never use that number for telemarketing, however that number will be viewable to your Wadja users friends list and only your friends list.

    19. Should you decide to display your mobile phone number to your friends list, Wadja is in no way legally liable or responsible for any misuse or abuse of your displayed mobile phone number. You always have the choice to make your mobile number invisible to your friends list by un-checking "Make my mobile number visible to my friends?" box, found in your 'Edit profile' link when you sign in. This means that your Friends list can send you SMS but they cannot see your number from your Mobile Profile page. Of course you can remove your number altogether, which would still let you send SMS to your Friends list but not receive SMS from then in return. You can always select the types of SMS alerts you want to receive by going to 'Account settings' from your control panel after you sign in, and choosing the check box alert notifications accordingly .


      2. Many of Wadja's services work with SMS messaging. You can send a free text (sms) message to anyone who is on your friends list and has added their phone number to their details page. Like wise Wadja provides a messaging service through SMS Gateway providers that allow registered Wadja users to send a set amount of SMS messages to friends not registered within the Wadja network. This requires registered Wadja users to input the mobile country code, network operator and the number of the message recipient. This service is strictly offered to Wadja members and as a Graphical User Interface between the web and Gateway Provider. Wadja has capped this service to Wadja users and therefore limits the amount of outside friend messages a user can send. Wadja provides this interface to all users who have verified their email account and in no way assumes any responsibility for the actions of individual users and their messaging habits. Any reports of abuse will result in Wadja discontinuing user’s accounts without any notification whatsoever. Each user takes FULL RESPONSIBILITY for the destination and content of each and every message they send through the Wadja GUI web interface.

      Wadja's SMS messaging service is strictly optional and Wadja is in no way liable or responsible for any misrepresentation or misuse of mobile phone numbers or wrong mobile numbers. Wadja will never use our SMS messaging service for SMS spamming or telemarketing, however since the service is ad supported, Wadja reserves the right to place a small sponsored text ad from select advertisers, of no more than 60 characters long, on the footer of each SMS message sent through the Wadja.com site; including alerts and private messaging between friends in and outside of the network. Any user sending SMS messages through the Wadja GUI interface understands that they are responsible, as senders, for any complaints or disputes that a recipient may have with the advertisements that accompany the message. Wadja users do not have to use the free service and understand that ad supported messaging provides them with free message sending rights and is marked with ">" character for recipient clarification.

      Keep in mind that you can make your mobile number invisible to your friends list, but still receive messages, since your friends only see your Wadja ID as a 'Send to' option in their SMS contact list. Your mobile number will only be available to your friends in your network. Wadja assumes no responsibility, nor is legally liable for any damage, whether personal or professional, for any late delivery or failed delivery of SMS messages.




      3. Wadja provides services which allow users to access and customize Internet content through mobile phones, PDAs, and other alternative devices. These devices may collect different information than what is collected by computers. In order to use certain Mobile Wadja services you are required to add your mobile number to your account information and/or content pages; we will never use that number for telemarketing, however that number will be viewable to your Wadja users friends list and only your friends list.


      1. We provide the information to trusted partners who work on behalf of or with Wadja under confidentiality agreements. These companies may use your personal information to help Wadja communicate with you about offers from Wadja and our marketing partners. However, these companies do not have any independent right to share this information.


      2. We have a parent's permission to share the information if the user is a child under the age of 14. Parents have the option of allowing Wadja's collection and use of their child's information without consenting to Wadja's sharing of this information with people and companies who may use this information for their own purposes;


      3. We respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;


      4. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, emergency situations involving potential threats to the physical safety of any person, violations of Wadja's terms of use, or as otherwise required by law.


      5. We transfer information about you if Wadja is acquired by or merged with another company. In this event, Wadja will notify you before information about you is transferred and subject to a different privacy policy.




      1. While using mobile devices for connecting to Wadja, limitations of the service may prevent you from utilizing full functionality of Wadja services or tools. This includes the ability to edit or delete account information and content. You may need to use a computer to connect with Wadja in those cases.


      2. You can cancel all Wadja Alerts sent to your mobile device by signing in to your Wadja account and click on . You can then check or uncheck the boxes that refer to the type of alerts sent to your Mobile Profile email or mobile number. Because many phone companies recycle phone numbers, it is possible for users who purchase a new phone to receive alerts that the previous owner had subscribed to. Since your phone has an email address that anyone can send a message to, Wadja can only stop alerts that it manages. Only your carrier can prevent all messages from being delivered to your device.




      1. When you access Wadja from any mobile device, you are subject to the Wadja Terms of Service.


      2. If you have questions about this service or Wadja Mobile, please visit Wadja Help.

Please contact us at:contact@wadja.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.