This End-User License Agreement (this “Agreement”) is a legal agreement between WittyVows Private Limited (“WittyVows”, “we”, “us”, or “our”) and you, a user (“you” or “your”) of one of our mobile application products, as further described below and/or on the website page on which such product is available for download (each, an “Application” or “App”, and collectively, “Applications” or “Apps”). Your use of our services is governed exclusively by this WittyVows user agreement.
By creating an account, viewing videos, downloading our software, or otherwise visiting or using our Services, you accept this agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement so that they accurately reflect our Service and policies. Unless otherwise required by law, we will post a revised version on our website. By continuing to use our Services, you accept any revised Agreement.If you do not want to agree to these or any updated Terms, you can delete your account.
If you do not agree to be bound by the provisions of this agreement, you may not install, copy, or use, and you must immediately delete all copies of, the application from your device.
THE WITTYVOWS SERVICE
We agree to provide you with the WittyVows Service. The Service includes all of the WittyVows products, features, applications, services, technologies, and software that we provide to advance WittyVows’ mission: To bring you closer to the people and things you love at your wedding. The Service is made up of the following aspects (the Service):
- Offering personalized opportunities to create, connect, communicate, discover, and share.
We want to strengthen your relationships through shared experiences you actually care about surrounding your wedding. So we build systems to allow you to connect with your loved ones at your wedding and understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Using our service grants you the right to: 1) Create a private/public wedding events; 2)Upload, store, and/or live stream videos and photos, subject to your plan;3) Share the same to third party applications; 4) Browse Our Platform for wedding ideas; 5) Submit your wedding for features across our application and our website and social media channels; 6) Enter Award contests; 7) Use all related functionality that we may provide. Part of extending this service is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience WittyVows, based on things you and others do on WittyVows.
- Fostering a positive, inclusive, and safe environment.
We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. Any content that is objectionable or doesn’t comply with our acceptable use policy will be removed with immediate effect.
- Ensuring a stable infrastructure for our Service.
To provide our Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by Us or our affiliates.
- Connecting you with brands, products, and services in ways you care about.
We may use data from WittyVows as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you.
- Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, WittyVows grants you a limited, non-exclusive, non-transferable, revocable license to download, install, run and use the Apps for purposes described herein or otherwise as may be instructed or described by WittyVows in writing. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.
In return for our commitment to provide the Service, we require you to make the below commitments to us:
Who Can Use WittyVows – We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the WittyVows community.
- You must be at least 13 years old or the minimum legal age in your country to use WittyVows.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender.
Accounts on WittyVows – You may create an account to features we offer (e.g., uploading or live streaming videos). To do so, you must provide a phone number and an email address. By creating an account, you agree to receive notices from WittyVows at this email address. Do note that users are responsible for all activity that occurs under their account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
ACCEPTABLE USE POLICY
We may allow you to upload, live stream, submit, or publish (collectively, to “submit“) content such as videos, photos, recordings, images, and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy. WittyVows may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account. Please read below to see how you cannot use WittyVows :
– You can’t impersonate others or provide inaccurate information –You don’t have to disclose your identity on WittyVows, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have his or her express permission;
– You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose or promote extreme violence;
– You cannot submit content that Promotes or supports terror or hate groups;
– You can not submit content that Exploits minors;
– You can’t violate (or help or encourage others to violate) these Terms or our policies, including in particular our community Guidelines.
– You cannot violate our music guidelines wherein – you remain solely responsible for the content that you post, including any music that features in that content. 1) Nothing in these terms constitutes any authorization by us with respect to any use of music on WittyVows; 2) Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses; 3) You may not use videos to create a music listening experience. Your videos will be removed and your page/account may be deleted. This includes Live.; 4) If you post content that contains music owned by someone else, your content may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized; 5) Any music in your video, if it is allowed at all, may not be available in all countries of the world.
– You can’t do anything to interfere with or impair the intended operation of the Service;
– You can’t attempt to create accounts or access or collect information in unauthorized ways – This includes creating accounts or collecting information in an automated way without our express permission;
– You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
– You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property;
– You can’t use a domain name or URL in your username without our prior written consent;
– You cannot post content that is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
– You cannot post content that promotes self harm;
– You must not crawl, scrape, or otherwise cache any content from WittyVows including but not limited to user profiles and photos;
– You must not create or submit unwanted email or comments to any WittyVows members (“Spam”);
– You must not transmit any worms or viruses or any code of a destructive nature;
– Submit any malicious program, script, or code;
– You must not abuse, harass, threaten, impersonate or intimidate other users or is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
– You must not modify, adapt or hack WittyVows or modify another website so as to falsely imply that it is associated with WittyVows;
– You must not access WittyVows’ private API by any other means other than the WittyVows application itself.
Violation of any of these agreements will result in the termination of your WIttyVows account. While WittyVows prohibits such conduct and content on its site and platform, you understand and agree that we cannot be responsible for the Content posted on its website and. WittyVows may be exposed to such materials and that you use the WittyVows service at your own risk. Please also refer to our community guidelines for more details.
NO OTHER USE: The Application is intended solely for your personal use as described in this Agreement or otherwise as may be instructed or described by WittyVows in writing. You may not sell, lease, charge fees for access to or any use of, the Application.
CODE OF CONDUCT
- Don’t confuse, deceive, defraud, mislead, or harass anyone.
- Be transparent about your identity.
- Don’t use the WittyVows Platform for any connection with spyware, adware, or any other malicious programs or code.
- Don’t post unauthorized commercial communications or spam.
- Don’t attempt to build an ad network on WittyVows.
- Don’t attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting WittyVows’ members.
- Don’t reverse engineer the WittyVows APIs.
- Don’t sell, lease, or sublicense the WittyVows Platform or any data derived through the Platform.
- Comply with all applicable laws or regulations. Don’t provide or promote content that violates any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose WittyVows or people who use WittyVows to harm or legal liability.
- Don’t use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Harass or stalk any person;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Cause or encourage others to do any of the above
PERMISSIONS YOU GAVE TO US
As part of our agreement, you also give us permissions that we need to provide the Service:
We do not claim ownership of your content, but you grant us a license to use it – Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). We can for example exercise the following permissions – 1) Share the submitted video/photo to end users; 2) Share the content on our website and social media; 3) Make the video/photos available for download to the guests/selected users in your wedding; 4) Transcode the video/photos (create compressed versions of your video file that are optimized for streaming); If you have enabled a privacy setting or disabled downloading or embedding, we will limit distribution of your content pursuant to your selection. By enabling access to your content to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your content. Nothing in this Agreement shall be deemed a license “condition” applicable to WittyVows; rather, any breach of a term by WittyVows hereof shall give rise to, at most, a claim for breach of contract only.
Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content – You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as guest in wedding) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on WittyVows, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on WittyVows. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.
Profile – You grant WittyVows permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Wittyvows shall have the right to identify public profiles in its marketing and investor materials.
You agree that we can download and install updates to the Service on your device.
You can end this license anytime by deleting your content. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review our Data Policy.
PROPRIETARY RIGHTS IN CONTENT ON WITTYVOWS
- WittyVows does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the WittyVows’ Services. By displaying or publishing (“posting”) any Content on or through the WittyVows’ Services, you hereby grant to WittyVows a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the WittyVows Services.
- Some of the WittyVows Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that WittyVows may place such advertising and promotions on the WittyVows Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the WittyVows Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the WittyVows Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the WittyVows Services.
- The WittyVows Services contain Content of WittyVows (“WittyVows Content”). WittyVows content is protected by copyright, trademark, patent, trade secret and other laws, and Wittyvows owns and retains all rights in the WittyVows Content and the WittyVows Services. WittyVows hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WittyVows Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the WittyVows’ Services.
- The WittyVows Services contain Content of Users and other WittyVows licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the WittyVows Services.
- WittyVows performs technical functions necessary to offer the WittyVows Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the WittyVows Services.
- Although the Site and other WittyVows Services are normally available, there will be occasions when the Site or other WittyVows Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of WittyVows. Also, although WittyVows will normally only delete content that violates this Agreement, WittyVows reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by WittyVows in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, WittyVows encourages you to maintain your own backup of your Content. In other words, WittyVows is not a backup service. WittyVows will not be liable to you for any modification, suspension, or discontinuation of the WittyVows Services, or the loss of any Content.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.
Our Agreement and What Happens if We Disagree
- Your use of music on the Service is also subject to our music guidelines and your use of our Application is subject to our platform policies. If any of those terms conflict with this agreement, those other terms will govern.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WittyVows DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, WittyVows makes no representations or warranties: That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers; Concerning any content submitted by or actions of our users; That any geo-filtering or digital rights management solution that we might offer will be effective; That our Services will meet all your personal use needs
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, goodwill, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
How We Will Handle Disputes.
If you are dissatisfied with our Services for any reason, please contact us first on email@example.com so that we can try to resolve your concerns without the need for outside assistance.
You agree that the claim must be resolved exclusively in the Indian Court of Law, that you submit to the personal jurisdiction of Indian courts for the purpose of litigating any such claim.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
- We reserve the right to modify or terminate the WittyVows’ service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Other Things you should know
- WittyVows primarily communicates with users through email. Please ensure that the email addresses associated with your WittyVows account is current and that you don’t filter out these messages.
- Enforcement is both automated and manual, and can include disabling your app, restricting you and your access to WittyVows’ Platform, requiring that you delete data or any other action that we deem appropriate.
- WittyVows may change, suspend, or discontinue the availability of any WittyVows Platform at any time. In addition, WittyVows may impose limits on certain features and services or restrict your access to parts or all of the WittyVows APIs or the WittyVows website without notice or liability.
- WittyVows reserves the right to charge fees for future use of or access to the WittyVows Platform.
- WittyVows doesn’t guarantee that the WittyVows Platform is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid.
- Licensed Uses and Restrictions: The WittyVows Platform is owned by WittyVows and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the WittyVows Platform continues until either party terminates it. Please note that User Content is owned by users and not by WittyVows. All rights not expressly granted to you are reserved by WittyVows.
- You represent and warrant that you own or have secured all rights necessary to display, distribute and deliver all content you share in accordance with WittyVows’ available functionality.
- You represent and warrant that you satisfy all licensing, reporting, and payout obligations to third parties in connection with your content ie, You have the right to submit the content to WittyVows and grant the licenses herein; WittyVows will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content; You have obtained appropriate releases (if necessary) from all persons who appear in the content; The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and The content complies with this Agreement and all applicable laws.
- You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information made available by you or on your behalf in connection with your use of our Platform. This license survives even if you stop using the platform feature. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license.
- Disclaimer of Any Warranty: The WittyVows Platform and all data derived through such Platform are provided “as is” with no warranty, express or implied, of any kind and WittyVows expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any WittyVows Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.
- Limitation of Liability: WittyVows shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the WittyVows Platform and any data derived through such Platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not WittyVows has been advised of the possibility of such damages. Under no circumstances shall WittyVows be liable to you for any amount.
- Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against WittyVows, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the WittyVows Platform and data derived through such Platform. In addition, you expressly waive and relinquish any and all rights and benefits, which you may have under any state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify WittyVows and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the WittyVows Platform and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. WittyVows shall use good faith efforts to provide you with written notice of such claim, suit or action.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the WittyVows Platform Terms, you and WittyVows shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of WittyVows, express or implied, and you must not attempt to bind WittyVows to any contract.
- Invalidity of Specific Terms: If any provision of the WittyVows Platform Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
- No Waiver of Rights by WittyVows: WittyVows’ failure to exercise or enforce any right or provision of the WittyVows Platform Terms shall not constitute a waiver of such right or provision. WittyVows reserves all rights not expressly granted herein. WittyVows’ rights and remedies are cumulative. No failure or delay by WittyVows in exercising any right will waive any further exercise of that right.
- Force Majeure: WittyVows will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within WittyVows’ reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, WittyVows shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section on acceptance or in a document executed by authorized representatives of WittyVows. If you have a signed agreement with WittyVows, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
The English version of this Agreement shall control.