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Terms and conditions
These terms and conditions ("Terms", "Agreement") are an agreement between Website Operator ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the https://www.youwoch.com website and any of its products or services (collectively, "Website" or "Services").
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer from Website Operator to you any Website Operator or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Iringa, Tanzania without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Tanzania. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Iringa, Tanzania, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with WebsitePolicies.com
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us.
1. Your relationship with Youwoch
1.1 Your use of the Youwoch website (the "Website") and any Youwoch products, channels, software, data feeds and services, including the Youwoch embeddable video player (the "Youwoch Player") provided to you on or from or through the Website by Youwoch (collectively the "Service") is subject to the terms of a legal agreement between you and Youwoch. "Youwoch" means Youwoch LLC, whose principal place of business is at 901 Cherry Avenue, San Bruno, CA 94066, United States.
1.3 The Terms form a legally binding agreement between you and Youwoch in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that Youwoch will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Youwoch, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
Youwoch reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at https://www.youwoch.com or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. Youwoch accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a Youwoch account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Youwoch account password secure and confidential.
4.2 You must notify Youwoch immediately of any breach of security or unauthorised use of your Youwoch account that you become aware of.
4.3 You agree that you will be solely responsible (to Youwoch, and to others) for all activity that occurs under your Youwoch account.
5. General restrictions on use
5.1 Youwoch hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Youwoch's prior written authorisation, unless Youwoch makes available the means for such distribution through functionality offered by the Service (such as the Youwoch Player);
B. you agree not to alter or modify any part of the Website or any of the Service (including but not limited to the Youwoch Player and its related technologies);
C. you agree not to access Content through any technology or means other than the video playback pages of the Website itself, the Youwoch Player, or such other means as Youwoch may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. you agree not to use the Service (including the Youwoch Player) for any of the following commercial uses unless you obtain Youwoch's prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Youwoch appears on the same page and is of sufficient value to be the basis for such sales
F. prohibited commercial uses shall not include (i) uploading an original video to Youwoch, (ii) maintaining an original channel on the Website in order to promote a business or artistic enterprise, (iii) showing Youwoch videos through the Youwoch Player or otherwise on an ad-enabled blog or website, subject to those advertising restrictions set out in 5.1(E)(iii) above; and (iv) any use that is expressly authorised by Youwoch in writing;
G. if you use the Youwoch Player on your website may not modify, build upon or block any portion or functionality of the Youwoch Player including but not limited to links back to the Website;
H. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Youwoch servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
I. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Youwoch account names);
J. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
K. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
L. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by Youwoch via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
M. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Youwoch or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms and the Youwoch Community Guidelines at all times during your use of the Service.
5.3 Youwoch grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Youwoch reserves the right to revoke these exceptions either generally or in specific cases.
5.4 Youwoch is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Youwoch provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that Youwoch may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Youwoch's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Youwoch when you stop using the Service.
5.6 You agree that you are solely responsible for (and that Youwoch has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Youwoch may suffer) of any such breach.
6. Copyright policy
6.1 Youwoch operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here: https://www.youwoch.co.tz/t/copyright_notice
6.2 As part of Youwoch's copyright policy, Youwoch will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7.1 As a Youwoch account holder you may submit Content. You understand that whether or not Content is published, Youwoch does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Youwoch and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Youwoch does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Youwoch expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Youwoch to use your Content for the purposes of the provision of the Service by Youwoch, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the Youwoch Community Guidelines, found at https://www.youwoch.com, as updated from time to time.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Youwoch to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Youwoch the licence referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, Youwoch reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Youwoch with respect to any such Content.
7.10 Youwoch will process any audio or audiovisual content uploaded by you to the Service in accordance with the Youwoch Data Processing Terms (https://www.youwoch.com), except in cases where you uploaded such content for personal purposes or household activities. .
8. Rights you licence
8.1 When you upload or post Content to Youwoch, you grant:
A. to Youwoch, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Youwoch's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. Youwoch content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Youwoch, and is subject to copyright, trade mark rights, and other intellectual property rights of Youwoch or Youwoch's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Youwoch or, where applicable, Youwoch's licensors. Youwoch and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from Youwoch
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by Youwoch. Youwoch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that Youwoch is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that Youwoch is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Ending your relationship with Youwoch
11.1 The Terms will continue to apply until terminated by either you or Youwoch as set out below.
11.2 If you want to terminate your legal agreement with Youwoch, you may do so by (a) notifying Youwoch at any time and (b) closing your Youwoch account. Your notice should be sent, in writing, to Youwoch's address which is set out at the beginning of these Terms.
11.3 Youwoch may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. Youwoch is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 Youwoch may terminate its legal agreement with you if:
A. Youwoch is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by Youwoch is, in Youwoch's opinion, no longer commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Youwoch have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and Youwoch makes no warranty or representation to you with respect to them.
12.3 In particular Youwoch does not represent or warrant to you that:
A. your use of the Service will meet your requirements,
B. your use of the Service will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit Youwoch's liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above Youwoch shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which Youwoch may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide Youwoch with accurate account information;
v. your failure to keep your password or Youwoch account details secure and confidential.
13.3 The limitations on Youwoch's liability to you in paragraph 13.2 above shall apply whether or not Youwoch has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and Youwoch and govern your use of the Service and completely replace any prior agreements between you and Youwoch in relation to the Service. All other terms of service that Google Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
14.2 You agree that Youwoch may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if Youwoch does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Youwoch has the benefit of under any applicable law), this will not be taken to be a formal waiver of Youwoch's rights and that those rights or remedies will still be available to Youwoch.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which Youwoch is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with Youwoch under the Terms, shall be governed by English law. You and Youwoch agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Youwoch shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
This document was last updated on December 24, 2017