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Terms of use

Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE APP. IF YOU USE THE APP, YOU CONFIRM THAT: (I) YOU HAVE READ THESE TERMS; (II) YOU AGREE TO COMPLY WITH THESE TERMS; AND (III) YOU UNDERSTAND AND ACCEPT THAT THESE TERMS FORM A LEGALL BINDING CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP.

TERMS OF USE

These terms of use ( the “Terms” ) (together with any policy or other document incorporated into these Terms by reference) contain the terms and conditions on which the customer, whether as a guest or a registered user, (you) may use the WhadaTime mobile application ( the “App” ) and the products and services made available via the App ( the “Services” ). Use of the App includes registering to use the App and using the Services.

By continuing to browse or use you are agreeing to comply with and be bound by these Terms of Use and our associated Privacy Policy, which can be found on our website. Please read carefully before use.

INFORMATION ABOUT THE APP AND THE SERVICES

The App & conditions of use

WhadaTime is an interactive short video platform designed to build an audience for anyone. Our mission is to showcase the world’s spontaneous talent, creativity and passion anytime, anywhere- all through a simple tap and hold. WhadaTime allows everyone to be their own performer, empowers users to share their talent whilst inspiring others to unleash their creative confidence through video production.

We do not guarantee that the App or any of the Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App or the Services at any time without notice to you.

We will have no liability to you if the App or the Services are unavailable at any time for whatever reason. You are responsible for ensuring that all persons who access the App or the Services through your internet connection or your device are aware of these Terms and the obligation to comply with these Terms. The App and the Services are directed to users worldwide. However, we do not represent that the App or the Services are appropriate or available in all locations worldwide. We may limit the availability of the App or the Services to any person or geographic area at any time.

The Services under the App made available and may change time to time.

If you are under the age of 13, you may not use the App or the Services, either as a guest or a registered user. By using the App and the Services, you confirm that you have the capacity to form a legally binding contract with us. If you are under the age of 13, please make sure you have parental consent before using the App or the Services.

Changes to the App and the Services

We may update the App from time to time, and may change the Services from time to time. However, please note that any of the content on or relating to the App and/or the Services may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the App or the Services will be free from errors or omissions.

Content on the App and the Services

While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. We do not create content. You alone are responsible for the content you create, upload, post, send, or store through the App and you must not upload, post, send, or store content that: (i) violates or infringes someone else’s rights of publicity, privacy or intellectual property rights; (ii) bullies, harasses or intimidates; (iii) defames; (iv) or spams or solicits any other users. The Services may contain advertisements. In consideration for us allowing you to access and use the App and the Services, you agree that we and any of our third-party partners may place advertising on the App or the Services.

Bugs and viruses

We do not guarantee that the App and the Services will be secure or free from bugs or viruses. You are responsible for configuring your device, information technology, programmes and platform in order to access the App and the Services. You must not misuse the App or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or the Services or any server, computer or database connected to the App or the Services. You must not attack the App or the Servicer via a denial-of service attack or a distributed denial-of-service attack.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures for accessing the App or the Services, you must treat such information as confidential. You must not disclose such information to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these Terms. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at support@whadatime.com.

Use of the App

You have permission for temporary use of the App, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use the App, you must make sure that they read these Terms of Service first, and that they follow them.

Only use the App as allowed by law and these Terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the App and make changes to it, but we don't have to do this, and material on the App may be out-of-date. No material on the App is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the App by anyone.

By using the App, you agree to us handling this information and confirm that data you provide is accurate.

You are prohibited from posting or transmitting to or from the App any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  2. for which you have not obtained all necessary licences and/or approvals;
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
  4. which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the App (including, without limitation, by hacking it).

We will help law enforcement agencies with any queries they might have regarding the use or misuse of the App.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee (including under certain open-source licences) of all intellectual property rights in and relating to the App and the Services. These intellectual property rights include patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. You are prohibited from exploiting such intellectual property rights for personal or commercial gain except where you use the App in the non-sublicensable license to access the App and Services as noted below.

We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the App and the Services. This license is for the sole purpose of allowing you use and enjoy the App and the Services in a way that these Terms allow.

You may not copy, modify, distribute, sell, or lease any part of the App or the Services, nor may you reverse engineer or attempt to extract the source code of our software. If you use any part of the App or the Services in breach of these Terms, the licence granted to you by us and your right to continue using the App and the Services will cease immediately.

When using the App you may overlay music and graphics and other virtual items provided by WhadaTime onto your content in the App.

In the event you upload your own sound recording, you must own the rights and underlying musical works contained in such recording, and you must only do so if you have all the permissions (including necessary licences) clearance forms or are authorised by the owner to upload to the App.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App has infringed their intellectual property rights, or of their right to privacy.

In the event that you have uploaded content that violates any of the terms in this intellectual property section, you acknowledge that you will be held personally liable and we discharge any liability, claim, or otherwise that may be raised against us in connection with any violation.

The Services may allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with, but you grant us and our affiliates, agents, service providers, partners and other connected third parties an unconditional irrevocable a worldwide, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the App and the Services. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your channel name, image, voice, to identify you as the creator of any of your content on the App.

If you find inappropriate content, or have any other issues you would like to raise, please contact us on the email address noted below.

LIMITATION OF OUR 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 English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App or the Services, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the App or the Services; (ii) use of or reliance on any content displayed on the App or the Services; (iii) loss of profits, sales, business, or revenue; (iv) business interruption; (v) loss of anticipated savings; (vi) loss of business opportunity, goodwill or reputation; or (vii) any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, equipment, programs, data or other proprietary material due to your use of the App or the Services.

We assume no responsibility for the content of applications or websites linked on the App. Such links should not be interpreted as endorsement by us of those linked applications or websites. You acknowledge and agree that when you view content provided by others on the App, you are doing so at your own risk. The content on our App 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 on our App. We will not be liable for any loss or damage that may arise from your use of them.

You agree, to the extent permitted by law, to indemnify, defend and hold harmless us, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) due to, arising out of or relating in any way to: (i) your use of the App or the Services; (ii) your content; and (iii) your breach of these Terms.

COMPUTER OFFENCES

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the App will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to the App or server or any connected database or make any 'attack' on the App. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via the App.

MISCELLANEOUS PROVISIONS

Privacy Policy

These Terms refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the App and the Services, you consent to such processing and you warrant that all data provided by you is accurate.

CHANGES TO THESE TERMS

We may revise these Terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

DATA PROTECTION

All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation () and your rights under the GDPR.

For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy available on our website.

APPLICABLE LAW

These Terms and any non-contractual obligations arising hereunder, shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. This is irrespective of where you are geographically based, subject to the paragraph below.

If you are a consumer based in the UK or EU, you will benefit from any mandatory provisions of the law in your country of residence. Any dispute, controversy, proceedings or claim between you and us relating to these Terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

FINAL TERMS

These Terms make up the entire agreement between you and us, and supersede any prior agreements. These Terms do no create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent.

CONTACT US

To contact us, please email support@whadatime.com.