Terms Of Use

Welcome to “What's UP cams” live streaming platform provided by S3MEA d.o.o., consisting of web sites, services, software applications and networks that allows for the authorized streaming and distribution of video content over the internet. To use the services and/or become a member, one must first agree to comply with current Terms of Use.

The following Terms of Use (the "Terms") is a binding agreement between you, either an individual subscriber, customer, member, or user or a single entity ("you", or collectively "Users") and What’s UP cams (hereinafter WUC) regarding your use of the WUC web site (located at www.whatsupcams.com) and other web sites, services and networks owned or controlled by WUC that allow for the distribution and reception of video, audio, and other content (the "WUC Service").

TERMS OF USE ENFORCEABILITY:

You acknowledge and agree that you have freely and voluntarily entered into these Terms of Use for WUC (the »Site« and the »Services«), which is a product of S3MEA d.o.o., have read and understood each and every provision, and any interpretation of these Terms of Use shall not be construed against us because we drafted these Terms of Use.

ACCEPTANCE:

Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and the WUC Privacy Policy, both incorporated herein by reference, govern your access to and use of the Site and Services, including any content, information, products or services therein. These Terms of Use are a legal agreement between you and WUC and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "WUC Users").

Certain areas of the Site and Services (and your access to or use of Content (defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.

By accessing the WUC Service and/or by clicking "I agree", you agree to be bound by these Terms of Use. You hereby represent and warrant to capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the WUC on behalf of a business, you hereby represent to WUC that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use.

MONITORING:

We have the right, but not the obligation, to monitor the content of the Site, to determine compliance with these Terms of Use, any other agreement between you and us, and any operating rules established by us, as well as to satisfy any law, regulation, authorized government request, or trade association guideline. We have the right to edit, refuse to post or remove any material submitted to or posted on the Site. You acknowledge and agree that any communication or material you post or transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Without limiting the foregoing, we shall have the right to remove any material that we find violates these Terms of Use, may cause liability for us, or is otherwise objectionable.

WUC reserves the right to change Terms of Use at its sole discretion and at any time, and Member must comply with such changes. Updates made by WUC from time to time can be made without notice to Member. Notifications may appear on the WUC website. Members who violate the Terms of Service may have their membership revoked.

OWNERSHIP OF MATERIALS:

The data and materials on the WUC, except the Produced Content, including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the WUC (collectively, the "Materials") are the intellectual property of WUC, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with WUC, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to WUC or its affiliates and/or third party licensors. Except as expressly authorized by WUC, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. WUC reserves all rights not expressly granted in and to the WUC Service and the Materials.

Subject to your compliance with the terms and conditions set out in these Terms, WUC hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the WUC Service for the non-commercial viewing.

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a WUC account and become a "Member". If you are not a Member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only.

When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify WUC of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Without limiting any other terms of this Terms of Use, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. WUC reserves the right to require you to change your username for any reason and may do so at any time.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Site and Services. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from WUC. Member acknowledges that WUC reserves the right to terminate or move accounts that are inactive for an extended period of time. Member further acknowledges that WUC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Users of the Website must comply with all applicable laws and regulations. They must refrain from violating or attempting to violate the WUC network security, and, in particular, from uploading or attaching virus-containing or corrupted files or any software or programs that might damage the operation of another user's computer. Users must furthermore refrain from restricting, or attempting to restrict in any way access to or use of the Website or any Services by other users (for example by generating, whether manually or in an automated fashion, unusually high numbers of service accesses).

SERVICES AND WEB PORTAL:

S3MEA ("WUC", "we" or "us") provides content streaming and social networking services that enable distribution of live and recorded video and audio content via the Internet, mobile and other data delivery means through use of WUC proprietary embeddable video player and syndication infrastructure (any and all of the foregoing (the "Services") and our website.

Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service, and the WUC Privacy Policy and the WUC Acceptable Use Policy, both incorporated herein by reference, govern your access to and use of the Site and Services, including any content, information, products or services therein. These Terms of Service are a legal agreement between you and WUC and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, “WUC Users").

Certain areas of the Site and Services (and your access to or use of Content (defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.

You understand that by clicking the "i agree" button, or by using the site, services (including any content provided therein), or your account, or by downloading or posting any content from or on the site or through the services, you are agreeing to be bound by these terms of service. If you do not accept these terms of service in their entirety, you may not access or use the site, services or content. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

USE:

Lawful Purposes: You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions that encourage criminal conduct, give rise to civil liability or otherwise violate any law.

Intellectual Property: The Site contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. Except as otherwise expressly permitted under the United States copyright laws, copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is not permitted without our written permission and the applicable copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You will not use the site or services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

WUC has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the WUC Copyright and IP Policy for further information.

Works and Material: You Submit content in form of comments to the Site. You shall not upload, post or otherwise make available on the Site any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Site, you automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Site allowing you to restrict access, you also permit any other Site user to access, view, store or reproduce the works or materials consistent with the provision entitled "Your Right to Use the Site."

No Unauthorized Access and Unauthorized Activities on the Site: The Site is only publicly available for the authorized uses described in these Terms of Use. Access to the Site is not authorized for any activities that interfere or have the potential to interfere with our possessory interest in the Site. Unauthorized activities, include, but are not limited to: any access and use of the Site for automated access, screen or data scraping, data acquisition and consolidation, automated offers, auction aggregations, software robots (including, without limitation, shopping bots), or recursive searching; using the Site in an attempt to break security, or so as to actually break security of any computer network (including, without limitation, the Site itself), or to access an account, message, or file which does not belong to you; using the Site for unauthorized relays through any third party systems; attempting, in any way, to interfere with or deny service to any user or any host on the Internet; using the Site for mail-bombing, which includes, without limitation, any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional; using the Site to engage in unsolicited commercial email, or to add or attempt to add addresses to any mailing list (yours or a third party's); attempting to cancel, supersede, or otherwise interfere with electronic mail; using the Site to engage in flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other denial of service attacks; furnishing false data on your sign-up form, contract, or online application, including, without limitation, providing fraudulent payment information; actively engaging in or authorizing making the Site or any portion available as part of a "co-branded" or "private label" web site, web service, or Internet access service, or as part of a "channel" through a software or Internet service, or similar arrangements or relationships that offer or provide access to the Site from or through other web sites, web services, or Internet access services, or as part of any other web site when Framed (as defined below) and displayed as part of another web site or web service, and you shall not authorize any third party to make any of the Site available on any other web site by means of Framing (as used herein, "Frame" and "Framing" means the display of a web page (the "Framed Page") within an HTML frame of a different web page (the "Framing Page"), where the Framed Page is not controlled by the party that publishes the Framing Page); using the Site for any unlawful purpose, in which case you acknowledge and agree that we may fully cooperate with any law enforcement authorities in regards to such unlawful purposes; and any other activities that exceed the scope of our permission to allow you to use this Site (the "Unauthorized Activities"). You acknowledge and agree that your Unauthorized Activities constitute a substantial interference with our possessory interest in the Site, even if such Unauthorized Activities alone do not damage to us, if such Unauthorized Activities would cause such damage in combination with other Unauthorized Activities engaged in by any third party or parties. Should you engage in any Unauthorized Activity, you acknowledge and agree that such Unauthorized Activity is: (a) a breach of these Terms of Use; (b) a trespass to chattel; (c) illegal.

DISCLAIMER:

Assumption of risk and disclaimer of warranties. Member assumes all risks for member's use of WUC and the internet. WUC expressly disclaims any and all warranties for the WUC service, including, but not limited to any warranty or guarantee that member will be able to use WUC at any particular time or from any particular location. WUC is provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of or arising out of the use of WUC is borne by member. This disclaimer of warranty constitutes an essential part of this agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to member and member may have other legal rights that vary by jurisdiction. under no circumstances and under no legal theory, tort, contract, or otherwise, shall WUC be liable to member or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of or the inability to use the WUC service, or damages for loss of goodwill, business profit, business stoppage, loss of data or business information, computer damage, or damages resulting from unauthorized access to or changes made to user's transmissions or data, or any and all other commercial damages or losses. In no event will WUC be liable for any damages in excess of what WUC received from member with respect to WUC. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to user.

THIRD PARTY WEBSITES:

This WUC Service may contain links (including, but not limited to, through the Search Functionality) to websites or services operated by other people or companies, (collectively "Third-party Services"). Third Party Services may have their own terms or use and privacy policy or no terms of use or privacy policy at all. WUC does not endorse any such Third-party Services or the information, materials, products, or services contained on or accessible through Third-party Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the WUC Service are solely between you and such advertiser. Access and use of Third-party Services, including the information, materials, products, and services on or available through Third-party Services is solely at your own risk.

PRIVACY POLICY:

WUC is committed to protecting the privacy of users of the WUC Service. For information regarding how WUC collects, uses and discloses your personal information, please see the WUC Privacy Policy.

LIMITATION OF LIABILITY:

In no event will WUC, its officers, directors, employees, affiliates, agents, licensors, suppliers or any party involved in creating, producing or delivering services be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of: (i) this services, your access, use or inability to use this services; (ii) any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including loss profits, loss of business or data, business interruption, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the live stream service); (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the live stream service, (iv) any unauthorized access to or use of our secure servers and/or any and all personal identifiable information stored therein, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the live stream service by any third party.

WUC reserves the right to alter, remove or discontinue any portion of the services or the content on services or to suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.

The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence strict liability or any other basis, even if WUC, its officers, directors, employees, affiliates, agents, licensors, suppliers or any other party has been advised of the possibility of such damages.

These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any third-party services or otherwise by third parties other than WUC services and received through or advertised on the live stream service or received through any reference sites.

Because some jurisdictions do not allow the exclusion or limitation of certain types of damages, WUC', its officers', directors', employees', affiliates', agents', licensors' and suppliers' liability in such jurisdictions shall be limited to the fullest extent permitted by law.

TERMINATION:

Either we or you may terminate these Terms of Use at any time. Without limiting the foregoing, we shall have the right to immediately terminate these Terms of Use, as to you, by terminating your access to the Site, for our convenience, for any reason or no reason, or for any breach by you of these Terms of Use. You may terminate these Terms of Use by deleting your profile and ceasing to use the Site, but if you use the Site again in the future, then you will have agreed to these Terms of Use again. Sections in which you agree to these terms of use, disclaimer, limitation of liability, the use of this site, monitoring, indemnification, trademarks, no endorsement of site content, copyright infringement and general survive any termination of these Terms of Use.

Member agrees that WUC, in its sole discretion, may terminate Member's password, account (or any part thereof) or use of WUC, and remove and discard any Content within WUC, for any reason, including, without limitation, for lack of use or if WUC believes that Member has violated or acted inconsistently with the letter or spirit of the Terms of Service. WUC may also, in its sole discretion and at any time, discontinue providing WUC, or any part thereof, with or without notice. Member agrees that any termination of Member's access to WUC under any provision of this Terms of Service may be effected without prior notice, and acknowledges and agrees that WUC may immediately deactivate or delete Member's account and all related information and files in Member's account and/or bar any further access to such files or WUC. Further, Member agrees that WUC shall not be liable to Member or any third-party for any termination of Member's access to WUC.

TRADEMARK:

WhatsUPcams is a registered trade mark (CTM 011972478) of S3MEA d.o.o.

WUC and other WUC products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of S3MEA d.o.o. All other product and service names mentioned are the trademarks of their respective companies.

WUC trademark is owned by us, all rights reserved. All other trademarks appearing on the Site are the property of their respective owners. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through your use of the Site. You must not display or use in any manner WUC trademarks or logos without S3MEA d.o.o. prior written permission.

NO ENDORSEMENT OF SITE CONTENT:

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Site by anyone other than one of our authorized employee spokespersons while acting in their official capacities. It is the responsibility of you to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or through a Site user. Advice of a professional may be necessary for you regarding the evaluation of any specific information, opinion, advice or other content.

COPYRIGHT INFRINGEMENT: TERMINATION, NOTICE AND TAKEDOWN POLICY:

Our Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

Copyright Agent: info@whatsupcams.com

Termination of Site Access: We respect the rights of copyright holders and in this regard, we have adopted and implemented this policy. Under this policy, we shall terminate, if commercially practicable and reasonable, Site access in appropriate circumstances for employees, Site users and account holders, who infringe the rights of copyright holders. If the infringer is an innocent infringer, then we shall not terminate access unless such person has repeatedly infringed copyrighted material. If we determine that the infringer negligently or intentionally engaged in the infringing activity, then we reserve the right to immediately terminate that infringer's Site access.

Notification: If anyone believes that his or her work has been copied in a way that constitutes copyright infringement, and that work appears on the Site, or on another web site linked to the Site, then that person (the "Notifier") should provide our Copyright Agent a notification ("Notification") containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notification: Upon receiving a Notification, we will take reasonable steps to notify you or the other individual (the "Material User") under whose direction the material resides on the Site or any other web site, if applicable, that we have removed or disabled access to such material. If the Material User believes that our removal of or disabling of access to such material was a result of mistake or misidentification, then the Material User should provide our Copyright Agent a counter notification (a "Counter Notification") containing the following information:

  1. A physical or electronic signature of the Material User;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Material User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Material User's name, address, and telephone number, and a statement that the Material User consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, and that the Material User will accept service of process from the Notifier or his or her agent. Upon receipt of a Counter Notification, we will provide the Notifier with a copy of the Counter Notification. We will also inform the Notifier that we will replace the removed material or cease disabling access to it. We will then restore the removed material or cease disabling access to it unless the Notifier has filed an action seeking a court order to restrain the Material User from engaging in infringing activity relating to the material on the Site. The aforementioned responsibilities are required of us in order to comply with the Acts. If the Notifier is you, you hereby agree to provide our Copyright Agent with immediate written notice of the filing of the above action.

Indemnification: You agree to indemnify, defend and hold harmless WUC, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

  • any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
  • your use or misuse of or access to the WUC Service;
  • your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that you or your Produced Content caused damage to a third party.

WUC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WUC, and you agree to cooperate with WUC defense of these claims.

All rights reserved. It is strictly prohibited to copy, redistribute, republish or modify any materials or software contained on the WUC Website or in subsequent support without the prior written consent of WUC.

GOVERNING LAW:

These Terms of use shall be governed by and construed in accordance with Slovenian law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Slovenian courts.

  • S3MEA d.o.o.
  • Mednarodni prehod 6
  • 5290 Šempeter pri Gorici
  • Slovenia
  • Company Registration Number: 6558437000
  • VAT no: 90873009