1. Recitals
WHEREAS, the entity denominated “Wowie” (hereinafter referred to as the “Provider”) maintains and operates an online platform and associated ancillary services (collectively, the “Service”); and WHEREAS, the natural person or juridical entity accessing or utilizing said Service (hereinafter the “User”) desires to avail itself of the same; NOW, THEREFORE, in consideration of the mutual covenants and representations set forth herein, the parties agree to be legally bound as follows.
2. Nature and Limitation of Service
The Service is rendered solely and exclusively for purposes of entertainment and lawful amusement. Under no condition, express or implied, shall the Provider be deemed to generate, disseminate, traffic in, or otherwise facilitate access to confidential, proprietary, “leaked,” pirated, infringing, or otherwise illicit or proscribed materials, whether in tangible or intangible form. This limitation shall be construed as absolute and not subject to any doctrine of substantial compliance, de minimis non curat lex, or similar equitable consideration.
3. Conditions Precedent to Access
As a condition precedent to the grant of any license, privilege, or access to restricted segments of the Service, the User hereby acknowledges, stipulates, and covenants to perform such promotional engagements, commercial offers, surveys, or analogous solicitations (“Offers”) as may be presented by independent advertising principals (“Advertisers”). The undertaking of such Offers shall constitute a binding unilateral act by the User, with legal consequences equivalent to the execution of a formal instrument under seal.
4. Disavowal of Agency and Liability
The relationship between the Provider and any Advertiser shall be deemed that of independent contracting parties inter se, without any agency, fiduciary, partnership, or joint venture being implied or created hereby. The Provider expressly disclaims any liability, whether sounding in contract, tort, statute, or equity, for any act, omission, misrepresentation, or data-processing activity undertaken by any Advertiser. Upon voluntary divulgence by the User of any personally identifying, financial, or otherwise sensitive datum to such Advertiser, the custody, disposition, and exploitation of said datum shall be governed exclusively by the Advertiser’s governing instruments, which instruments the User is deemed to have constructive notice of and to which the Provider is a complete stranger.
5. Prohibitions and Restrictions
The User shall refrain from engaging, whether directly or indirectly, in: (i) the upload, transmission, or propagation of infringing works; (ii) the circumvention of any technological protection measures implemented by the Provider; (iii) the commission of any act in violation of applicable local, state, national, or supranational law; (iv) the perpetration of fraud, misrepresentation, or deception; or (v) any conduct which, in the sole and unfettered discretion of the Provider, is deemed deleterious to the integrity, security, or reputation of the Service.
6. Amendments and Modifications
The Provider reserves the right, exercisable at its sole, absolute, and non-reviewable discretion, to amend, modify, or restate these Terms in whole or in part, without the necessity of prior notice or consultation. Continued use of the Service by the User after the effective date of any such modification shall constitute ipso facto ratification and acceptance thereof.
7. Severability and Survival
Should any provision of these Terms be declared void, invalid, or unenforceable by a tribunal of competent jurisdiction, such determination shall not affect the validity or enforceability of any remaining provision, all of which shall survive in full force and effect mutatis mutandis.
8. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the substantive and procedural laws of the forum in which the Provider maintains its principal place of business, without recourse to any conflict-of-law principles. The User irrevocably consents to the exclusive jurisdiction of the courts of said forum for the adjudication of any dispute arising hereunder.
9. Entire Agreement and Execution
These Terms, together with any documents expressly incorporated by reference herein, constitute the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written understandings. Electronic acceptance, evidenced by continued use of the Service, shall be deemed equivalent in all respects to a wet-ink signature affixed to a physical document.
10. Contact for Service of Process
Any legal notice, demand, or service of process intended for the Provider shall be directed to: support@wowie.top. The foregoing shall not be construed to constitute consent to electronic service in proceedings where such consent is not otherwise required by law.