Waazy reserves the right to make unilateral modifications to these terms. This Agreement applies to all visitors, users, and others who download, access or use the App(“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION. YOU AGREE THAT DISPUTES BETWEEN YOU AND WAAZY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.Use of Our App
Waazy provides an App for you to create personal video by sequencing your photos or other videos, and if you choose, to add music, narration, or other sound to accompany your video.
You may use the App only if you can form a binding contract with Waazy, and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. The App is not available to any Users previously removed from the App by Waazy.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, noncommercial use, and only in accordance with the features of the App as it is marketed by Waazy. Waazy reserves all rights not expressly granted herein in the App and the Waazy IP . Waazy may terminate this license at any time for any reason or no reason.
You may not use the Waazy App for commercial purposes unless you are the copyright holder or you have obtained all necessary rights and licenses to use for commercial purposes all videos and other material that make up your User Content.
Your Waazy account gives you access to the App and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Waazy with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Waazy immediately of any breach of security or unauthorized use of your account. Waazy will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the App by changing the settings in the mobile app. By providing Waazy your email address you consent to our using the email address to send you App-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the App and special offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the Waazy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial purposes without having all necessary rights and licenses to the User Content; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your conduct and any data, text, files, information, images, photos and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. Waazy shall have no liability for conduct in relation to your use of our App.
Some areas of the App provide Users the capability to create, share and post content such as profile information, photographs, videos, images, musical works, sound recording, narration, text and other material used to create a Waazy Video, comments, questions, and other material or information (any such materials a User provides, shares, submits, displays, or otherwise creates using the App, including the Waazy Video created by the User, are “User Content”). We claim no ownership rights over User Content created by you. Waazy has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Waazy reserves the right, but is not obligated, to reject and/or remove any User Content that Waazy believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
To the extent that you use our App for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the App.
3.User Content License Grant
If you share your User Content with Waazy or link your User Content to Waazy on a third party service (including, for example, by using the tag #Waazy on Instagram or tagging Waazy on Facebook), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Waazy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and Waazy’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels.
4.Our Proprietary Rights
The App contains material owned or licensed by Waazy (“Waazy IP"). Waazy IP may be protected by copyright, trademark, patent, trade secret and other laws, and as between you and Waazy, Waazy owns and retains all rights in the Waazy IP. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the App. The Waazy name and logo are trademarks of Waazy, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Waazy. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Waazy, and may not be copied, imitated or used, in whole or in part, without prior written permission from Waazy. You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products (“Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Waazy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Waazy does not waive any rights to use similar or related ideas previously known to Waazy, or developed by its employees, or obtained from sources other than you.
Waazy cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7.Reporting Copyright and Other IP Violations
Waazy respects other people’s rights and we expect you to do the same.
Since we respect artist and content owner rights, it is Waazy’s policy .If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is located on the App, please notify us. And you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing, and where it is located in the App;
Information reasonably sufficient to permit Waazy to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following Email: firstname.lastname@example.org
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