Last Updated: August 2017
You undertake to not: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (b) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene information of any kind; (c) post or send to any web site any information that contains a virus, bug, or other harmful item; (d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Site (other than as permitted herein); (e) post or transmit into or on any web site any information in violation of another party’s copyright or intellectual property rights; (f) take any action which could damage, disable, overburden or impair the Site’s infrastructure or Wochit’s network system; (g) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Wochit server through hacking, password mining or any other means; (h) take any action which may interfere with any other party’s use and enjoyment of the Site; or (i) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Wochit and its licensors own the Site including all worldwide intellectual property rights in the Site and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOU grants you any right to use any trademark, service mark, logo, or trade name of Wochit or any third party.
THE SITE ALL RELATED CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. WOCHIT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY RELIANCE ON THE QUALITY OR PERFORMANCE OF THE SITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WOCHIT ASSUMES NO LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE SITE OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE SITE. WOCHIT MAKES NO WARRANTIES THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
LIMITATION OF LIABILITY
Under no circumstances will Wochit be liable to you for any loss or damages of any kind (including, without limitation, for any indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (i) the Site; (ii) your use of, inability to use, or the performance of the Site; (iii) any errors or omissions in the Site’s operation; or (iv) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Wochit has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Services). YOUR SOLE REMEDY AGAINST WOCHIT FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
You will defend, indemnify and hold harmless Wochit, and its affiliates, officers, directors and employees (each of the foregoing, an “Indemnitee“) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which an Indemnitee may suffer or incur in connection with any claim, demand, action or other proceeding by any third party arising from or relating to (i) any breach of these TOU by you or your agents, (ii) any claim, loss or damage experienced from your use or attempted use of the Site; (iii) your violation of any law or regulation; (iv) your infringement of any right of any third party. You may not settle or compromise such suit without Wochit’s prior written consent. For the sake of clarity, this indemnity only applies to access to the Site.
THIRD PARTY WEBSITES AND ADVERTISERS
The policy of Wochit is not to infringe or violate the intellectual property rights or other rights of any third party, and Wochit will remove material appearing on the Services (as defined below) that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the “DMCA“), Wochit will remove any content if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Wochit is to terminate the account of repeat infringers in appropriate circumstances. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting firstname.lastname@example.org. Wochit accepts no responsibility or liability for the content of any site linked to by the Services. Wochit reserves the right to remove any content without prior notice to you, any other user, or any third party. As used above, the term “Services” refers collectively to the Site and any Wochit mobile application or software whether existing now or in the future that provides a platform and content for creating videos.
We may provide any required notices to the email address, fax number or by first class mail to other contact information you provided upon registration with Wochit. Notices sent by email will be deemed received when they are sent by us. Notices sent by fax will be deemed received upon the confirmation of receipt thereof. Notices sent by first class mail will be deemed received 10 days after sent by us. Wochit and you are and intend to remain independent parties. Nothing contained in these TOU will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party will hold itself out as an agent, partner or employee of the other. Neither party will have any right to bind the other party. These TOU represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. A waiver of any defaults hereunder or of any of the terms and conditions of these TOU will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. Wochit may assign its rights or obligations pursuant to these TOU. You agree not to assign any rights under these TOU; any attempted assignment will be null and void. If any provision of these TOU will be deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability will not affect the validity or enforceability of any other part or provision of these TOU which will remain in full force and effect. These TOU will be governed by the laws of State of New York without reference to its conflict of law provisions, and the competent courts in the State of New York will have exclusive jurisdiction to hear any disputes arising hereunder. For the sake of clarity, all provisions included herein only apply to use of the Site itself. Use of the Services are governed by the Wochit Master Service Agreement and Commercial Terms available at https://www.wochit.com/commercial-terms