Welcome To WOWUNOW (the “Platform”)

 

Our mission is to bring together the combined power of brands, celebrities, influencers, and everyday people within an innovative all-in-one non-toxic social platform that acts as a strategically engineered HUB to collaborate together for igniting good for ourselves, each other and the world.

 

These Terms (“Terms”) of Service sets forth the Agreement between you and WOWMaker Enterprises LLC (“we” or “us”) regarding your use of our web service and mobile applications (collectively, the “Service” or “Services”). For purposes of these Terms, “you” and “your” means you as the user of the Services.

 

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.


 

Agreement to Terms 

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. 

 

By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

Privacy Policy 

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. 

 

Changes to Terms or Services 

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.


Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and WOWMaker Enterprises LLC will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. 

 

Eligibility

To make a purchase via the Services (described in the Section titled “Payment Terms” below), you must be 18 years or older and capable of forming a binding contract. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

 

Your Account With Us

You can use some basic features of WOWUNOW without having an account. If you use the Services without an account, then these Terms will still apply to such use and we will still process your personal data in accordance with our Privacy Policy

To access the full functionality of WOWUNOW, you must create an account with us. We may offer different types of accounts.

When you create your WOWUNOW account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

NOTE: We will delete profiles that aren’t registered with proper names in order to prevent BOTS, Malware or ill intended use as we are fiercely committed to protecting our community.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: [email protected]

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, you can do so directly from within the application or web site. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Payment Terms

We charge users for some features of our Services, but such features are voluntary and any costs will be made clear to you before you are charged anything.

 

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

 


 

Your Commitment

By using our Services you agree that you will:

 

 

By using our Services you agree that you will not: 

 

Rights & Limitations

As between you and WOWMaker Enterprises LLC, you own the content and information that you submit or post to the Services, and you are only granting us the following non-exclusive license:

 

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

 

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

  2. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

  3. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

 

You and WOWMaker Enterprises LLC agree that if content includes personal data, it is subject to our Privacy Policy.

 

You and WOWMaker Enterprises LLC agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding our Services to us, you agree that we can use and share (but does not have to) such feedback for any purpose without compensation to you.

 

You promise to only provide information and content that you have the right to share, and that your WOWUNOW profile will be truthful.

 

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.

 

Content Removal
We can remove any content that you share on the Service if it violates these Terms of Use or our policies, or we are required to do so by law. When we remove content, we'll let you know without delay about this and the reason for it, and explain any options that you have to request another review. If you request a review, you'll be notified as to whether we will uphold the decision or restore the content or information.

This does not apply if and as long as we are prohibited from providing a notification, including details on the reason and the possibility to request a review for legal reasons. This also does not apply if and as long as such notification would be unreasonable, taking into account the interests of both parties.

Warranty & Disclaimers: 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWMAKER ENTERPRISES LLC, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, NON INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEADLINE OR USAGE OF TRADE. 

 

WOWMAKER ENTERPRISES LLC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIAL, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF THE SITE OR THE SERVICE.

 

WOWMAKER ENTERPRISES LLC DOES NOT REPRESENT OR WARRANT THAT (A) YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (B) THAT OPERATION OF THE SITE AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (C) YOUR USE OF THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (D) DEFECTS IN THE OPERATION OF THE SITE OR THE SERVICE WILL BE CORRECTED; OR (E) THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL. 

 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND

THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION

CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER

APPLICABLE LAW, IN NO EVENT SHALL WOWMAKER ENTERPRISES LLC OR ANY OF ITS

SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, SUCCESSORS, AND ASSIGNS,

AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES,

SHAREHOLDERS, CONTRACTORS, SUPPLIERS, REPRESENTATIVES, OR AGENTS BE

LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR

CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS

INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER PECUNIARY

LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR

OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING

WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO (OR LACK

THEREOF), OR EXPLOITATION OF THE SERVICES, THE MATERIALS OR ANY PART

THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF YOU HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION

IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL

THEORY. YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES.

 

Arbitration And Class Action Waiver:

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

 

Informal Process First. You agree that in the event of any dispute between you and WOWMaker Enterprises LLC, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

 

Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our services and/or products, including the Services, or relating in any way to the communications between you and WOWMaker Enterprises LLC or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and WOWMaker Enterprises LLC. However, this arbitration agreement does not (a) govern any Claim by WOWMaker Enterprises LLC for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.

 

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WOWMaker Enterprises LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

 

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

 

WOWMaker Enterprises LLC, 13592 Bora Bora Way #214, Marina del Rey, California 90292 

 

Email Address: [email protected]

 

The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

 

If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date you access or use the Services.

 

Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

 

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive 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. If for any reason a claim proceeds in court rather than in arbitration, you and WOWMaker Enterprises LLC each waive any right to a jury trial.

 

If a counter-notice is received by WOWMaker Enterprises Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at our sole discretion.

 

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

 

California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

 

Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: [email protected]. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.

 

Termination

Both you and WOWMaker Enterprises LLC may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

 


Governing Law and Dispute Resolution

If a claim or dispute arises out of or relates to your use of the Service as a User, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the State of California and that California law will apply without regard to conflict of law provisions.