This online service (Service) is owned and operated by NUWANDAS gUG, Lausitzer Straße 12, 10999 Berlin, Germany. References to we, us, our and NUWANDAS are to NUWANDAS gUG.
We reserve the right to modify these Terms at any time and the version that will apply to your use of the Service will be the version that is current and displayed on the Service on the date on which you access it so please ensure that you check this page periodically for any updates.
If you wish to contact us for any reason, including to make a complaint.
1. Parent/Guardian Consent
NUWANDAS provides certain services and resources that can be used by children aged 9 to 14 years (+/-). Children are not considered to be completely independent users of the services and resources. By allowing your child to access and utilise the Service, parents/legal guardians acknowledge and agree that their child will be bound by these Terms. It is the responsibility of the parent/legal guardian to ensure that the use of the NUWANDAS services and resources are used in accordance with this agreement and that the safety and privacy of children are protected.
Other than the limitations on the operation of the Services, we have no control over how parents/legal guardians monitor their children’s use of the Service, as we do not interact directly with the children who use the services and resources. Even if we provide an opportunity for both parents/legal guardians and children to contact us directly through Quests&Challenges, the interaction is kept to a minimum. Therefore, the responsibility of parents/legal guardians to monitor their children’s use of the Service remains. Parents/legal guardians are advised that it is important to communicate to their children the importance of their online safety. In particular, children who are using any interactive features should be made aware of the potential risks to them.
At all times when using the Service, we recommend exercising caution, particularly when disclosing information about yourself, uploading contributions for publication on the Service, or commenting on the Service.
Please never give out personal details when using the Service. If you are unsure about the operation of the Service or the conduct of other users please contact us and notify your parents or legal guardian immediately.
You acknowledge that we are not responsible and we are not liable for any online or offline interactions.
3. Contributor Accounts
By clicking the [I Agree-button] or by otherwise using or registering an account for the Service, you represent that your use of the Service has been approved by your parent or legal guardian. You also represent that you have not been previously suspended or removed from the Service by NUWANDAS, and that your registration and your use of the Service is in compliance with any and all applicable laws.
You are not obliged to register to access the Service, but access to certain services (including the ability to upload contributions) is only available to registered contributors (Contributors).
NUWANDAS can be used by children aged 9 to 14 years. In order to create or register an account for the Service, you need approval from your legal parent or guardian by completing our online consent form. Once this has been verified, you will be able to register for an account.
A Contributor that begins the registration process for himself or herself without a parent or legal guardian may have the registration process restricted until a parent approves or assumes responsibility for the Contributors account. A Co ntributor will only be permitted to use the Service for so long as NUWANDAS reasonably believes that such access has been consented to by the Contributor’s parent or guardian.
In order to complete the registration process, you will need to provide us with certain information (including your name, email address, date of birth and country of residence) and choose a username and password for use in connection with your access to the Service.
You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorised by you.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or notify us of any changes.
4. Uploading Content
If you become a Contributor, you may be able to post and/or publish content by you and other users of notes, images, videos and other audio-visual materials and communications (together Contributor Content) using the exchange platform provided. Once you have uploaded Contributor Content, if it is published on the Service your parent or guardian will be notified by email of your first contribution (with the exception of comments, in respect of which your parents or legal guardian will not be notified).
You may only repost your Contributor Content on other websites (including social media websites) if you acknowledge our status as the publisher of such Contributor Content. All Contributor Content must abide by our Content Standards (listed below).
4.2. Interactive Features
If you become a Contributor, you may also be able to make use of certain interactive features of the Service, including questions, comments, ratings, reviews (Response/Comment Streams). Any content you upload to the Response Streams is Response/Comment Streams Content, and must abide by our Content Standards (listed below).
Although we endeavour to assess any risks posed by third parties to users of our interactive features, we are not obliged to oversee, monitor or moderate any interactive features we provide on the Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature by a Contributor in contravention of our Content Standards, whether such feature is moderated or not. The Response Streams are subject to an automated and manually monitored takedown system for inappropriate content. If we do choose to moderate the Response/Comment Streams or any other interactive feature, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5. Contributor Content license grant
5.1. Contributor Content and Ownership
You are solely responsible for ensuring that you have all the necessary rights to all Contributor Content you upload to the Service, including without limitation all rights required to enable access to and use of Contributor Content by other users of the Service. You confirm this before each upload of content. You understand that whether or not such Contributor Content is published, NUWANDAS does not guarantee any confidentiality with respect to any submissions. When publishing Contributor Content on the Service, we will also publish your first name, age
and country of residence.
As between us and you, Contributor Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility of the consequences of posting, creating, or publishing such Contributor Content NUWANDAS does not claim any ownership rights in or to such Contributor Content.
5.2. Licence to use Contributor Content
You hereby grant to us an exclusive, royalty-free, worldwide, sublicensable, transferable, unrestricted licence to use Contributor Content for the purpose of (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your Contributor Content, in whole or in part, in any media formats and through any media channels and (b)transferring subtitles and other languages through the translation tool of YouTube, commercial purposes in regard to NUWANDAS, future art projects, save that you shall retain the right to use Contributor Content for your own non-commercial purposes.
5.3 Contributor Content Disclaimer
You understand that when using the Service you will be exposed to Contributor Content from a variety of sources, and that NUWANDAS is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Contributor Content. You further understand and acknowledge that you may be exposed to Contributor Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NUWANDAS with respect thereto. We do not endorse any Contributor Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with Contributor Content.
6. Content Standards
You may not upload any contributions to the Service (including Contributor Content or Response/Comment Streams Content) that:
- imposes an unreasonable or disproportionately large load on the Service’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Service;
- is threatening, abusive, libellous, defamatory, obscene, vulgar, distressing, offensive, pornographic, profane, sexually explicit or indecent. This also includes content that can be accessed via links set by the user;
- promotes violence;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- contains any information, software or other material of a commercial nature, other than where the intellectual property and commercial rights are owned by you or expressly permitted by us in writing, it being understood that the Services and related services are intended for personal, non-commercial use only contains advertising, promotions or commercial solicitations of any kind;
- will be likely to harass, upset, embarrass, alarm or annoy any other person;
- constitutes or contains false or misleading indications of origin or statements of fact;
- is used to impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, or perform any other fraudulent activity (including giving the impression that such content emanates from us);
- contains irrelevant material; or
- contains any virus, Trojan horse, adware, spyware, worm, time bomb, cancelbot or other similar harmful programming routine or other malicious code (together, Content Standards).
7. Your Use of the Service
You are responsible for making all arrangements necessary to access the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms and that they comply with them. You may use the Service only for lawful purposes. In particular, but without limitation, you may not use the Service:
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful pro grammes or similar computer code designed to adversely affect the operation of the Service or any computer software or hardware.
- collect, or attempt to collect, personal information about Users or third parties without their consent;
- to use bots or other automated methods to access the Service.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Service in contravention of these Terms; and
- not to access without authority, interfere with, damage or disrupt (a) any part of the Service; (b) any equipment or network on which the Service is stored; (c) any software used in the provision of the Service; or (d) any equipment or network or software owned or used by any third party.
8. Availability of the Service
The Service is provided on an “as is” basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Service or that the Service will be secure, uninterrupted or free of defects.
Your access to the Service may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Service is unavailable at any time or for any period.
9. Intellectual Property
You acknowledge that the Service and all material published on the Service including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data and software, compilation, computer code (including source code or object code) information (but excluding any Contributor Content) (the NUWANDAS Content) is owned and controlled by or licensed exclusively to us. NUWANDAS Content is protected by German and international copyright, patent, and trademark laws, international conventions and other applicable laws governing intellectual property and proprietary rights. You may not copy, adapt, display, communicate to the public or otherwise use any NUWANDAS Content except as enabled and permitted by us from time to time.
10. No Reliance on Information
All content on the Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Service. Although we make reasonable efforts to update the information of the Service, we make no representations, warranties or guarantees, whether express or implied, that the content of the Service is accurate, complete or up-to-date.
11. Third-Party Sites, Products and Services; Links
11.1. Linking to the Service
You may link to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The Service must not be framed on any other website. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or on any website that is not owned by you. The website in which you are linking must comply in all respects with the Content Standards. We reserve the right to withdraw linking permission without notice. If you wish to make any use
of content on the Service other than that set out above, please contact us.
11.2. Links to Other Sites
The Service may offer links or references to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk .
11.3. Links to YouTube
NUWANDAS may use YouTube as a hosting provider to offer automatic translation of the Contributor Content. You acknowledge that:
- NUWANDAS can use YouTube for your benefits only, to upload your Contributor Content to YouTube for the sole purpose of transmitting it with subtitles and in other languages for embedding in the Service;
- Until the Contributor Content is removed, YouTube and its users have the worldwide, nonexclusive, royalty-free right to use the content (including hosting, making it available to the public, copying, distributing, modifying, displaying and reproducing it, in each case subject to intellectual property rights). These rights are granted solely for the purpose of providing and improving the service of YouTube to the extent necessary for that purpose and to users to the extent necessary and enabled by the features of the Service;
- Although we make reasonable efforts to minimise commercial content, NUWANDAS accepts no responsibilities for its content and length.
12. Computer Viruses
We will use reasonable endeavours to ensure that no part of the Service will contain or spread any viruses or other malicious code. However, we recommend that you ensure that devices used to access the Service run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Service and regularly check for the presence of viruses and other malicious code.
13.1. Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws in Germany.
We will not be liable to you for any loss or any special, indirect, incidental, consequential, punitive, reliance or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, warranty or otherwise arising under or in connection with (a) use of, or inability to use, the Service; or (b) use of or reliance on any content displayed on the Service.
If the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In such cases, NUWANDAS liability will be limited to the fullest extent permitted by applicable law.
We provide the Service for domestic and private use only. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of any third party websites linked to on the Service and we will not be liable for any loss or damage that may arise from your use of them.
13.2. Exclusion of representations, warranties or guarantees
Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Service or any content available through the Service (including Contributor Content and NUWANDAS Content) and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
14.1. Termination by us
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Service without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Service is unsuitable in any way.
14.2. Termination by you
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of NUWANDAS in operating the Services, or (v) any content or information transmitted through the Services, is to terminate your account. You may terminate your account at any time (prospectively only) by deleting your login account with the Service and discontinuing use of any and all parts of the Service.
14.3. Right of withdrawal of consent form
You and your parent or legal guardian have the right to revoke the consent form at any time after the registration with effect for the future by using the Service platform. The termination of the account is equivalent to a withdrawal.
15. International use
NUWANDAS operates the Service in Germany. If you choose to access our Service from locations outside of Germany, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in Germany. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. You confirm that you have received parental or guardian consent to open an account for Service under these Terms.
Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Service is appropriate or available for use in jurisdictions outside Germany. The right to access and use the Service is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render NUWANDAS in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.
These Terms shall remain in full force and effect while you use the Service unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Service.
16.2. Modification of the Terms
Upon opening an account, you accept the Terms in the form posted on the NUWANDAS website. NUWANDAS reserves the right to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes that are made after you open your account. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, NUWANDAS will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your or parents/legal guardian address or by posting a notice on the Service, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after NUWANDAS makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
No variation of these Terms will be effective or bind us unless made in writing and signed by or on behalf of us. If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
16.4. Entire Agreement
17. Governing Law
The Terms will be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction. Any action to enforce these Terms shall be brought in courts located in Berlin, Germany. You hereby consent to the jurisdiction of such courts and waive any objection to such venue or jurisdiction of such courts.
Last updated on 31 March 2023.