Terms and Conditions

Governing Law

This agreement shall be governed by the laws of the Netherlands. By using this service, you waive any claims that may arise under the laws of other countries or jurisdictions.

               

Prohibition of Human Trafficking, Sex Trafficking, and Abuse

                                

1. Prohibited Activities

                

1.1. No individual or entity may use this platform or any related services to promote, facilitate, or engage in any form of human trafficking, sex trafficking, or abuse.

                

                    1.2. The following activities are strictly prohibited:                

• Advertising or offering services that involve human trafficking or sex trafficking.
• Facilitating transactions or communications that are intended to arrange, promote, or profit from human trafficking or sex trafficking.
• Creating, sharing, or distributing content that depicts, glorifies, or promotes human trafficking, sex trafficking, or abuse.

                                

2. Monitoring and Enforcement

                

2.1. The platform reserves the right to monitor all activities conducted on its services to ensure compliance with this clause.

                

2.2. Any violation of this clause will result in immediate suspension or termination of the offending user’s account and may be reported to the appropriate legal authorities.

                

3. Reporting Violations

                

3.1. Users are encouraged to report any suspected violations of this clause to the platform’s administration team.

                

3.2. Reports can be made confidentially and will be investigated promptly and thoroughly.

                

4. Legal Compliance

                

4.1. This clause is enacted in compliance with all applicable laws and regulations related to human trafficking, sex trafficking, and abuse.

                

4.2. The platform will cooperate fully with law enforcement agencies in the investigation and prosecution of any activities that violate this clause.

                

5. Amendments

                

5.1. The platform reserves the right to amend this clause at any time to ensure ongoing compliance with legal requirements and the safety and integrity of its services.

Terms of Services for Contributors                

                

Please read This Terms of Use Agreement                

                

WAP.nl may invite you to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘content), to the Site (particularly to the ‘Contributors Galleries’, ‘WAP.nl Competition’ and ‘Messaging’ sections of the Site).

                

1.1. You may submit Material to the Site, provided that such Material:             

• Is your own legally created content;
• Is not defamatory, obscene, threatening, offensive or inappropriate;
• Does not violate any applicable law, including communications that would give rise to criminal or civil liability;
• Does not advocate or otherwise condone any illegal activity;
• Does not infringe the intellectual property rights of any third party;
• Does not violate or infringe the rights of any person or entity, including a person’s right to privacy; or
• Does not consist of, or contain computer viruses, malicious computer code, computer trojan, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’;
• Does not contain “spy” or “voyeur” shots (meaning the subject is actually posing in the photos);
• Is created with the consent of the subject in the photos.
• No soliciting or spamming users to subscribe to 3rd party websites.

                                                

1.2. Oruga Development B.V. exercises editorial control over material submitted to the site. WAP.nl reserves the right to monitor material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions, Posting Rules or otherwise deemed to be inappropriate by the management of WAP.nl.

                

All content shown on WAP.nl is reviewed and verified before being published. All content shown on WAP.nl gets verified via machine learning and when flagged it always has to go trough manual approval by a human moderator before publication.

                                

1.3. WAP.nl reserves the right at its sole discretion to cancel any account without refund or pay if there is any breach or breaches of the guidelines set in 1.1. and 1.4.

                                

1.4. You warrant and represent that:

                

• Any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence whether created under statute, at common law or in equity);
• Any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to WAP.nl, free from any claim by any person or legal entity;
• You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by WAP.nl in perpetuity, without any requirement for WAP.nl to make any payment to You or such third parties, and can provide any written evidence of this to WAP.nl on WAP.nl’s request;
• You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit WAP.nl’s rights to use the Material;
• As to living people identifiable in the Material, if any, you have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and You hereby assign such rights to WAP.nl;
• You will enter any formal written documentation if required by WAP.nl, to reiterate Your assignment of all rights in the Material to WAP.nl; and
• You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.

                                                                                                

1.5 Account closure:

                

• When you request closure of your account, all outstanding payments will be voided.

                                

1.6 Offensive content:

                

• WAP.nl is a community and is an all-inclusive space. Therefore, comments and any other item that you publish within the community are monitored. We have the rights to remove anything that is deemed offensive, illegal, or going against the community guidelines.

                                

Terms and Conditions for Affiliates                

                

Oruga Development B.V. Partnership Program - TERMS AND CONDITIONS

                

The following terms and conditions reflect the obligations of the user identified by the personal data, address and e-mail address specified in the sign-up/registration form (hereinafter referred to as 'you' or 'your', 'affiliate' or 'affiliate member(s)' ) and Oruga Development B.V. when you use Oruga Development B.V.'s program to promote Oruga Development B.V.'s websites. All conditions must be adhered to, and are legally binding. You are responsible for reading and respecting all the conditions defined by Oruga Development B.V.. If the conditions are not respected, your account will be terminated and the payment void. No warnings will be issued, and no reasons or excuses will be accepted.

                

The following describes the general restrictions and obligations that have to be followed by you, independently of the specific program used by you to promote Oruga Development B.V.'s websites.

                

RESTRICTIONS AND OBLIGATIONS:

                

1. You must be at least 18 years of age (or 21 years of age where 21 is the age of majority in your country/state) to signup or use the Program.

                

2. The surfer has to click on the banner/text link promoting a specific site from Oruga Development B.V. for that site to be loaded. Oruga Development B.V. must at all-time be able to track your hits and visit the websites from where the visitors are coming from. All hits must come from your own web page(s). You are not authorized to use Oruga Development B.V.'s name, URL or anything associated with Oruga Development B.V. or its websites outside of your website(s).

                

3. We grant to you the limited, non-exclusive, nontransferable and revocable license, during the term of this Agreement, to use graphics, including banners, text, audio and visual content and other intellectual properties (hereinafter 'marks') owned by us for the sole purpose of marketing, advertising and promoting Program `s Site(s). The license herein granted shall automatically and immediately cease upon the termination of this Agreement.

                

4. No SPAM will be tolerated. Should Oruga Development B.V. receive complaints due to unsolicited emails sent by or via you, you will be on our blacklist and your account will be terminated immediately and payment will be void. This condition applies to, but is not limited to, newsgroup postings, email links, malware, spyware and any other form of illegal content distribution etc.

                

5. Affiliate members are not permitted to use Oruga Development B.V.'s sign up forms within a co-registration or automated transfer process. Oruga Development B.V. is under no obligation to pay for subscribers generated using either of these methods. The form action for subscription must be to Oruga Development B.V. servers, and initiated by the surfer. Failure of an affiliate in this regard will result in Oruga Development B.V. canceling all payments due to that affiliate.

                

6. Any misrepresentation of our site(s), including (but not limited to) misrepresenting the cost of membership, terms of membership, or content contained within our site(s) and exploitation of our terms and conditions, instructing the member to signup and cancel is not permitted in any way.

                

7. Affiliate members are not permitted to display a Oruga Development B.V. sign up form on mailing list unsubscribe pages. Oruga Development B.V. wants to protect the risk of SPAM complaints that are often associated with this type of form implementation. Oruga Development B.V. is under no obligation to pay for signups generated from unsubscribe pages.

                

8. You may not promote our Oruga Development B.V. program on or to sites that promote or contain content pertaining to or displaying child pornography 'actual' or 'suggested', molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of violence, or other illegal content, any references to 'Lolita', 'Pre-Teen' and 'youngest', any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading. Nor may you promote our Oruga Development B.V. program on any other non-adult web sites unless you have received an authorization before doing so from Oruga Development B.V.. If you not do so, your account will be terminated and the payment void.

                

9. Sites that promote illegal activity, anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in Oruga Development B.V. program.

                

10. Any affiliate member who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.

                

11. You may not keep a copy of any of the names or associated data they generate through the Oruga Development B.V. program. Oruga Development B.V. retains sole and exclusive rights to this data.

                

12. If you cheat anywhere on the Oruga Development B.V. network, you will lose all accounts in all programs and will not be allowed to gain access to a new accounts. Credit card fraud is closely monitored and will not be tolerated by Oruga Development B.V.. Misleading advertising by you will be considered as cheating. In the event that any sort of mechanism that falsely generates hits and/or signups to the website is detected by Oruga Development B.V., you will be prosecuted to the fullest extent of the law and earnings will not be paid.

                

13. Oruga Development B.V. reserves the right to terminate any affiliate for any reason, including but not limited to, fraud or suspected fraud. Fraud includes, but is not limited to, the submission of unauthorized email signups, the creation of new email addresses for submission by the affiliate, or changing HTML or other code related to the affiliate program. Oruga Development B.V. is not obligated to pay the balance of a terminated affiliate's account.

                

14. Referring an affiliate who already exists in the affiliate database is not supported by Oruga Development B.V.. Doing so may result in your termination from the program without compensation.

                

15. Affiliates will not receive referral commissions from referred affiliates who are terminated from the program for any reason.

                

16. Oruga Development B.V. reserves the right to suspend and/or cancel payment to an affiliate who has been found to have altered, changed and/or modified the HTML of the Oruga Development B.V. sign up form. The Oruga Development B.V. sign up form must be in its original format, which must contain the original amount of lists, the proper pre-checked boxes, an email and zip code form submission field, etc. Permission is needed to make modifications. Contact us for details.

                

17. Oruga Development B.V. is not obligated in any way to reveal the reasons for termination of referred affiliates. Oruga Development B.V. will not release information on an affiliate unless fraud and/or abuse has been committed against a third party program. The final decision regarding account status and information will be made by Oruga Development B.V. in the case of a request for information by a third party program/venture.

                

18. In no event shall Oruga Development B.V. be liable to you for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the Oruga Development B.V. Program, including your use of the Oruga Development B.V. Program for any other purpose than what has been stated in these terms and conditions, even if Oruga Development B.V. has been advised of the possibility of such damages. Oruga Development B.V.'s aggregate liability, if any, arising out of or in any way related to its performance of the services provided for under these terms and conditions shall be limited to EUR 50,00 (fifty euro); and in no event shall Oruga Development B.V., its staff, its agents, or its suppliers pay for incidental, indirect, special, or consequential damages, even if they have been advised of or should have foreseen, the possibility of such damages.

                

19. Oruga Development B.V. shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part your use of Oruga Development B.V.'s services or Oruga Development B.V. Program.

                

20. Oruga Development B.V. disclaims any and all liability with regard to the operation of affiliate sites. These sites are outside of Oruga Development B.V.'s control, and as such Oruga Development B.V. cannot be held responsible for their actions.

                

21. Oruga Development B.V. shall in no event be liable to you, your customers or any third party for any loss resulting from any failure to perform its obligations under these terms and conditions because of intrusion or malicious attacks by hackers on the Oruga Development B.V. Program, theft of access codes or passwords from our installations, or other acts by any third party beyond Oruga Development B.V.'s direct control, including but not limited to acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities as well as the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting Oruga Development B.V. from carrying on its day-to-day operations as contemplated under these terms and conditions or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate Oruga Development B.V.'s ability to provide you access to the services and/or Oruga Development B.V. Program pursuant to these terms and conditions.

                

22. Except for the express warranties stated herein, the Oruga Development B.V. Program and Oruga Development B.V.'s services are provided 'as is', and Oruga Development B.V. disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Oruga Development B.V. Program, Oruga Development B.V.'s services or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Oruga Development B.V. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. In addition, Oruga Development B.V. makes no declarations that the services or the Oruga Development B.V. Program will be uninterrupted or error-free and Oruga Development B.V. shall not be liable for any damages, whether direct, indirect, incidental or consequential, arising out of any interruptions or errors occurred as a consequence of your use of Oruga Development B.V.'s services or Oruga Development B.V. Program.

                

23. You hereby agree to indemnify, defend and hold harmless Oruga Development B.V., its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Oruga Development B.V. (collectively the 'losses'), insofar as the losses (or actions in respect thereof) arise out of or are based on: a) any claim or threatened claim that Oruga Development B.V.'s use of tour trademark(s), if any, infringes on the rights of any third party; b) the breach of any promise, covenant, representation or warranty made by you in these terms and conditions; or c) any claim related to your web pages. Oruga Development B.V.'s indemnity rights shall not be limited or offset by any contributory negligence by Oruga Development B.V.. Oruga Development B.V. may participate in the defense at its expense.

                

24. You, acting as the potential affiliate, warrant that you have the legal capacity to enter into a binding contract, and, if appropriate, have the authority to bind your principal or employers to these terms and conditions.

                

         

PAYMENTS:                

1. The earnings due to you are calculated by Oruga Development B.V.. You can see the amount owed to you in the statistics section of Oruga Development B.V..

                

2. No payments will be made in money to your bank account, digital wallets or in cash. Revenue is added to your "token" balance which you'll be able to move to a gift card or spend within the community's functionality.

                

3. Using a fake payout name or filling out the application with false information is considered as a fraud (especially if you are caught cheating in another account). Oruga Development B.V. reserves the right to close ALL the accounts and void the payment of you caught cheating with one of his account. In the event that Oruga Development B.V. detects any sort of fraud made by you, Oruga Development B.V. will prosecute you to the fullest extent of the law.

                

4. If Oruga Development B.V. is closed by Oruga Development B.V., you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you has cheated by violating these terms and conditions.

                

5. If you want to close a publicity account, you must contact Oruga Development B.V. and request for your account to be closed. Any pending tokens/money within your account will not be paid out. 

                

6. Oruga Development B.V.'s systems are responsible for tracking affiliate accounts, and are not liable for system downtime. Historically, Oruga Development B.V. has provided downtime compensation. Provided that downtime compensation is offered, Oruga Development B.V. will determine the exact amount of compensation. Each case is unique and the compensation depends upon the effect to subscriptions and payments. Oruga Development B.V. will have any and all final judgments regarding downtime compensation.

                

GENERAL:                

1. Oruga Development B.V. reserves the right to terminate this agreement or transfer an account from a publicity program to another at any time, for any reason, including, but not restricted to, profitability. In any case, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.

                

2. We reserve the right to change the terms of the Oruga Development B.V. program, at any time without notification.

                

3. As an affiliate member you have to regard the following: upon termination of an affiliate's account, the affiliate member must immediately cease using Oruga Development B.V.'s names, forms, banners, buttons, popup consoles, images and representations of Oruga Development B.V. thereof on their site.

                

4. The services and Oruga Development B.V. Program licensed to you under these terms of agreement are protected by copyrights. You may not distribute, reproduce, decode, transmit or transfer, in whole or in part, any documentation or software codes contained herein without express prior written permission by Oruga Development B.V..

                

5. In case any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.

                

6. This agreement, the interpretation and execution thereof, and the relationship between you and Oruga Development B.V., shall be governed by, and construed in accordance with, the laws of Spain. Any claim or dispute arising either directly or indirectly out of this agreement shall be brought before the competent court of Barcelona, Spain, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, Oruga Development B.V. shall have the right to institute any legal proceedings against you before the competent court in your home jurisdiction or elsewhere.