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.
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).
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.
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.
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.”
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.
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.
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.
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.
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.
Our Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
Copyright Agent: firstname.lastname@example.org
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:
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:
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:
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.