Wochit Website Terms of Use

Last Updated: November 2016

Thank you for visiting https://www.wochit.com/ (the “Site”). The terms of use listed below (the “TOU”) constitute the entire agreement between you and Wochit, Inc. (“Wochit” or “us”, “our”, “we”). These TOU govern your access and use of the Site, including any related mobile application or software whether existing now or in the future that provides a platform and content for creating videos (collectively, the “Services”). “You” means a user of the Services.

By accessing or using the Site you agree that you have read, understood, accept and agree to be bound by these TOU, as well as our privacy policy, as we may update from time to time a current version of which is available at https://www.wochit.com/terms-conditions-and-privacy-policy/ (the “Privacy Policy”). If you do not agree to these TOU or the Privacy Policy, do not access or use the Services.

USE OF THE SERVICES

Subject to the terms and conditions hereof, during the period these TOU are in effect we allow you to use the Services on a non-exclusive basis. Wochit may change, modify or update the Services at any time without prior notice to you including remove or change functionality. Wochit may deny access to the Services to anyone at any time for any reason whatsoever.

RESTRICTIONS

You undertake to not: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Services; (b) post or transmit to the Services 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 Services (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 Services’ 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 Services; or (i) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

INTELLECTUAL PROPERTY

Wochit and its licensors own the Services including all worldwide intellectual property rights in the Services 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 Services.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. 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.

DISCLAIMER

THE SERVICESAND 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 services is at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WOCHIT ASSUMES NO LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE SERVICES OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE SERVICES. WOCHIT MAKES NO WARRANTIES THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES 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 Services; (ii) your use of, inability to use, or the performance of the Services; (iii) any errors or omissions in the Services’ 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 SERVICES IS TO STOP USING THE SERVICES.

INDEMNITY

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 Services; (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 Services may contain links to third-party websites, advertisers, or Services that are not owned or controlled by Wochit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. If you access a third-party website from our Services, you do so at your own risk, and you understand that these TOU and Wochit Privacy Policy do not apply to your use of such sites. You agree that Wochit will not be responsible for any loss or damage of any sort relating to your dealings with such third party websites. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or services that you visit. Notwithstanding the foregoing, Wochit accepts no responsibility or liability for the actions, omissions, terms of use or privacy policies of any third party website.

DMCA NOTICE

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 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 contact@wochit.com. 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.

MISCELLANEOUS

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 but not the Services. Use of the Services are governed by the Wochit Master Service Agreement and Commercial Terms available at https://www.wochit.com/commercial-terms

Wochit Privacy Policy

Last Updated: November 2016

We, Wochit Inc., our affiliates and subsidiaries (collectively, “Wochit”, “we”, “us”, or “our”), are committed to respecting your privacy. Your ability to make informed choices about the uses of your information is important to us. This section provides detail on how we collect, use and store information and data that we receive. If you have any comments or questions about our privacy policies, please contact us at contact@wochit.com. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use, a current version of which is available at https://www.wochit.com/terms-conditions-and-privacy-policy/ (the “TOU”).

By accessing and using the Services, you agree to be bound by this Privacy Policy and you consent to the use of your Personal Information (as defined below) by Wochit as described herein. If you do not agree to any of the provisions as set hereunder in this Privacy Policy, you have no right to use the Services. This Privacy Policy should be read together with the TOU and together they constitute the entire agreement between you and us.

This Privacy Policy applies to any and all Personal Information we may collect or receive including without limitations through our Services. This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically to read the most updated Privacy Policy. Your continued use of the Services shall be deemed to be your continued acceptance of the terms of this Privacy Policy, as amended.

INFORMATION WE COLLECT

As used in this Privacy Policy, “Personal Information” means information that can be directly associated with a specific person or entity such as a name, address, telephone number, e-mail address, credit card number, or information about activities directly linked to a person, such as that person’s location. In order to use the Services, you may be required to register and provide us with certain Personal Information. We also collect Personal Information when you contact us for any reason. You are not required by law to provide us with any such information, but if you do not provide us with such information you may not be able to use some or all of the Services.

When you use our Services, certain information may be automatically gathered about your computer, browser, browser language, operating system, IP address, geo-location or mobile device.

In addition, whenever you post Publisher Content or voluntarily disclose Personal Information on or through the Services, that information will be publicly available and can be collected and used by others. We cannot control who reads your postings or what other Users may do with the information you voluntarily post on the Services, so we encourage you to exercise discretion and caution with respect to your Personal Information.

HOW WE PROTECT INFORMATION

We make efforts to follow generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We will delete any Personal Information provided to us by a user upon the receipt of a written request by such user. We cannot restore information that we have deleted.

HOW WE USE INFORMATION

Except as expressly set forth herein, we will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order. We may use certain Personal Information gathered about you internally – for example, to make the Services more useful, to customize the Services and personalize its content for you.

We may use the Personal Information that you provide us while registering, as well as any information that you provide when subscribing to content and/or any Services and/or when contacting us, in order to provide you with the requested content and/or Services, as well to provide you with recommended content based on your preferences.

By analyzing all information we receive, we may compile statistical information across a variety of users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information is anonymous and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion. We may provide non-Personal Information that we receive to Google Analytics or other data analysis software in order to receive an analysis of the use of our Site and/or Services. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

We may, if you consent, use your Personal Information in order to send you promotional information based on your preferences. You may at any time request to stop receiving such promotional material.

COOKIES

A cookie is a small piece of text that is sent to a visitor’s browser. The browser provides this piece of text to the device of the originating visitor when this visitor returns. Wochit uses cookies to help personalize your Wochit experience. A “persistent” cookie may be used to help save your settings and customizations. Most web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. Please note that some features of the Services may not function properly when cookies are disabled or removed.

ONLINE LINKS TO OTHER SITES

Wochit may provide links to third party Internet websites. Any personal information you provide to third parties is provided directly to such third-party and is subject to that third party’s privacy policies. Except as described above, Wochit is not responsible for the content or privacy practices of such third parties. Links from our Services to third parties or other sites are provided for your convenience. We encourage you to learn about the privacy practices of each party before providing them with information (including any Personal Information). We cannot be held responsible for the use of any of your information by third parties.

USE OF WOCHIT BY CHILDREN

Wochit does not knowingly collect personally identifiable information from children under the age of 14. In the event you become aware that an individual under the age of 14 has enrolled without parental permission, please advise us immediately.

DISCLOSURE OF INFORMATION

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content of any user suspected to have engaged in illegal or infringing behavior and thereby we may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

We may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to any countries outside the United States or the European Economic Area. All our subcontractors will be subject to nondisclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business. We may transfer our databases containing your Personal Information if we sell our business or part of it. By providing such information, you expressly consent to such transfer and use, including transfers outside of the jurisdiction in which the information was provided

CORRECTING, UPDATING OR DELETING YOUR INFORMATION

If you would like to access, correct, amend or delete any of your Personal Information collected or stored by Wochit, please send a request to contact@wochit.com. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

CHANGES

If we decide to change our privacy policy, we will update the Privacy Policy modification date above. We encourage you to review this policy periodically to stay informed on our privacy practices.

COMMENTS AND QUESTIONS

If you have any comments or questions about our privacy policy, please contact us at contact@wochit.com.

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