Terms of service
1. The Contractual Relationship with WEUSETV
- 1.1 The use of the WEUSETV platform, (also known as “the platform”), and of whatever product, channel, software, data feed and WEUSETV service—that are furnished to the user on or from the Platform on the part of WEUSETV, (comprehensively referred to as the “Service” in the present document), are subject to the terms of a legally binding document between the user and WEUSETV. “WEUSETV” identifies itself as an independent company, which has its legal headquarters in Livorno, Italy.
- 1.2 The contract between the user and WEUSETV is constituted by the terms and conditions indicated in this document, (defined comprehensively as the “Terms”)
- 1.3 The terms constitute a legally binding agreement between WEUSETV and the user in relation to the use of the service by the latter.
- 1.4 The terms apply to all the users of said service, including the users who—between one another, insert content into the service. The term, “content,” refers to textual content, software, script, graphic elements, photos, sound and musical content, video and audio-visual content, as well as interactive and other visual functionalities on, or accessible via the service, or other materials which can be inserted into the Service by the user.
2. Acceptance of the Terms
- 2.1 Before being able to use the service, the user must accept the terms.
- 2.2 The terms can be accepted simply using the service. The user recognizes and accepts that WEUSETV will consider the use of the service as an acceptance of the terms.
- 2.3 Users won’t be able to use or accept the terms of service if: (a) they are not old enough as per the laws that stipulate a contract with WEUSETV, or (b) to those that are forbidden or in another way legally inhibit the use or reception of the service in accordance with Italian law, as well as those of the laws in which there are residents or those who accept or utilize the service.
3. Modifications of the Terms
- 3.1 WEUSETV can periodically make modifications to the terms, for example—consequently to modifications at the legislative or normative levels or of the functions offered as per the service. (One can think here to the sending of an email to whomever already utilizes the services such as “inserters of contents,” cautioning by use of a determined date at which time the new terms will be put into vigorous effect). In the event that one continues to use the service, after the publication of the modified terms, such use constitutes implicit acceptance of the modified terms.
4. WEUSETV Account
- 4.1 To be able to access the applications of the Platform, it is necessary to create a WEUSETV account. At the moment in which the account is created, the user must provide precise and complete information.
- 4.2 The user must immediately communicate to WEUSETV, whatever violation of security or use not authorized from their own WEUSETV account, as soon as he or she becomes aware of this.
- 4.3 The user must accept being the only one responsible (with regards to WEUSETV and with regards to the third parties, including eventual co-managers or co-proprietors of the account), or every activity that goes through their own WEUSETV account.
5. General Use Limitations
- 5.1 WEUSETV with the present agreement, authorizes the user to enter into and use the service with respect to the provisions of the law in force and from the conditions provided in the present contract.
- 5.2 WEUSETV is an object of continued innovation in a way that provides the best experience possible to its users. The user recognizes and accepts that the form and nature of the service that WEUSETV provides can change from time to time without previous communication.
- 5.3 As part of this continued innovation, the user recognizes and accepts that WEUSETV can interrupt, (in a temporary or permanent way), the delivery of service, (or of whatever element contained as part of the service), in regards to or with regard to the users in general, at the exclusive discretion of WEUSETV, without that which has been previously communicated.
- 5.4 The user accepts being exclusively responsible for, (and that WEUSETV doesn’t have responsibility with regards to third parties for), whatever violation of his or her obligations to the terms, and for the consequences, (including whatever losses or damages that WEUSETV could suffer), of such violation.
6. Copyright Material Policy
- 6.1 In the case in which a work protected by copyright is published on WEUSETV without authorization, the titleholder of the copyright or an authorized agent who is appointed to react on behalf of the titleholder, can send a notice of the copyright violation via the sending of an email to the address: firstname.lastname@example.org. The user indemnifies WEUSETV from every and whatever responsibility that might arise from the publication of the contents subject to the rights of the others’ intellectual property.
- As part of the copyright policy of WEUSETV, WEUSETV can interrupt a user’s access to the service, if such user has been identified as a habitual trespasser. A habitual trespasser is a user who has been communicated to have committed a violation more than twice.
- 7.1 Every titleholder of a WEUSETV account can insert contents. The user takes note that—regardless of the fact that his or her contents are published or not, WEUSETV doesn’t guarantee any reservation with reference to the contents.
- 7.2 The user holds the property rights to his or her contents, but must concede limited licensing rights to WEUSETV and to the other service users. These are described in Article 8 of the present terms, (conceded rights in the user’s license).
- 7.3 The user recognizes and accepts being the only responsible party for his or her own contents and of the consequences of their online and publication responsibilities. WEUSETV doesn’t endorse contents or opinions, recommendations or advice in their contents, and expressively declines every and whatever responsibility in relation to the contents.
- 7.4 The user recognizes and guarantees to have, (and to continue to have during the use of the service), all the necessary licenses, rights, consents and permissions requested to consent to WEUSETV, that WEUSETV may use his or her contents for the purposes of providing the service by WEUSETV, and to use otherwise the contents as expected in the service and according to these terms.
- 7.5 The conduct of the user on the Platform, (and its content of all the contents will conform), and must conform with respect to the laws as well as—more in general, to public order and good conduct. By way of example, pornography and sexually explicit materials are not admitted, nor are contents which are deemed violent against individuals or groups on the basis of race, ethnicity, religion, physical disability, sex, age, nationality, veteran’s status, or sexual identity/orientation, as well as contents which aim to incite violence on the basis of these characteristics, contents that encourage actions that can induce wound, especially if addressed to minors, content appealing to predatory behaviors—stalking, threats, molestation, intimidation, invasion of privacy, revelation of personal information, (or that of others), as well as instigation to commit acts of violence or to violate the terms and conditions of use in this site.
- 7.6 Publication and responsibility for contents that contain materials for which possession in Italy is illegal, as well as in the country in which the user is resident, or that which would be illegal for WEUSETV to use or possess in relation to the service provider.
- 7.7 The contents present in the service cannot contain any materials which are covered by the copyright of a third party or subject to other proprietary rights of third parties, (including privacy or publication rights), unless the user has a formal license or permission from a legitimate titleholder, or is in another way legally authorized, to publish the material in question and to concede to WEUSETV the license for which there is the successive Article 8.1.
- 7.8 At the moment in which a potential violation of the present terms becomes known, WEUSETV reserves the right, (but not the responsibility), of deciding whether or not the contents conform to the requisites given in the present terms and can remove these contents, and/or inhibit the access of the user to the use of the contents that are in violation of the present terms in whatever moment, without notice and at its own discretion.
- 7.9 The user, besides recognizing and accepting that during the use of the service, can be exposed to contents that are imprecise, offensive, indecent, or that may in another way be deemed reprehensible. The user accepts having renounced and with this agreement renounces whatever right or legal remedy, or equity that he or she has or could have with respect to WEUSETV, with reference to any such contents.
8. Conceded Rights in User Licensing
8.1 When the user uploads or publishes contents on WEUSETV, he or she contextually concedes:
- To WEUSETV, a non-exclusive, free and transferable license, (with rights to concede sub-licensing), to use, reproduce, distribute, prepare derived works, visualize and perform these contents in connection to the furnishing of service and in another way in connection with the furnishing of service and of the commercial activity of WEUSETV, including—for example, the promotion and the redistribution of all or part of the service, (as well as of the derived relative works), in whatever format and via whatever channel of communication).
- To each service user—a non-exclusive and free license, to enter its contents via the service and to use, reproduce, distribute, and prepare derived works, visualizing and performing these contents in the permitted measure from the service function according to these terms.
- 8.2 The licenses above which grant to the user relative to the video of the user, will cease in the moment in which the user removes or eliminates his or her user video from the Platform. The licenses above which are relative to the users’ comments are granted by the user for an indefinite period of time, but don’t pre-judge in another way his or her property rights, which remain in his or her possession as expressed in the previous Article 7.2.
9. WEUSETV Content on the Platform
- 9.1 With the exception of the content submitted in the service of the user, all the other contents present in the service are—alternatively, the property of WEUSETV, or granted by license to WEUSETV, and are subject to copyright, brand rights and of the other intellectual property rights of WEUSETV, or of the licensors of WEUSETV. Whatever brand or brand of service of third parties present in its contents, not in charge of, nor published by the user, remains a brand or brand of service of the respective titleholders. These contents can’t be downloaded, copied, reproduced, distributed, transmitted, spread, visualized, sold, granted in license or in any other way exploited for whatever other final purpose, without the written consent of WEUSETV, or—where applicable, of the licensors of WEUSETV. WEUSETV and its licensors, reserve all the rights not expressly granted with—and with respect to—their contents.
10. Hypertextual Connections to WEUSETV
- 10.2 The user recognizes and accepts that WEUSETV isn’t responsible for the availability of any site or external resource, and doesn’t endorse any publicity, product, or other existing or available material contained in these websites or resources.
- 10.3 The user recognizes and accepts that WEUSETV isn’t responsible for any loss or damage that the same could suffer as consequence of the accessibility of these sites or external resources, or in relation to the custody made on its completeness, accuracy, or existence of whatever publicity, product, or other material present or made available by these websites or resources.
11. Cessation of the Relationship with WEUSETV
- 11.1 The terms continue to be in effect until their cessation on the part of the user or of WEUSETV, as set out below.
- 11.2 If the user intends to withdraw from his or her contract with WEUSETV, he or she may do it in the following ways: (a) communicating it to WEUSETV in whatever moment, and (b) by closing his or her WEUSE account. Such communication must be sent—in writing, to the address of WEUSETV, indicated at the beginning of the present terms.
11.3 The user can—in whatever moment, nullify the present contract with the user, if:
- The user has violated any one of provisions of the terms, (or has acted in a way that clearly indicates that one doesn’t have intention to, or is not able to, conform to the provisions of the terms); or
- WEUSETV is obligated to do it because in this way it is required by law, (for example, where the service provider is, with respect to the user—is, or becomes, illegitimate.
11.4 WEUSETV can, in any moment, dissolve the present contract with the user, if:
- WEUSETV is no longer willing to provide the service to the users in Italy, as well as in the country in which the user is resident or the country from which the user uses the service.
- The supply of the service with regard to the user on the part of WEUSETV—is, according to WEUSETV, no longer advantageous from a commercial point of view.
- and in both cases A and B of this article, 11.4 WEUSETV must, wherever possible, send communication of this dissolution with reasonable notice.
- 11.5 In the moment in which the present terms cease to be valid, all the legal rights, the obligations, and the responsibilities of which the user and WEUSETV have benefitted, or to those that have been subject, (or have matured during the period of validity of the terms), or for that in which the prosecution is expressly articulated of an undefined duration, won’t be affected by that such cessation, and the provisions of Article 14.6 will continue to apply themselves to such rights, obligations, and responsibilities, indefinitely.
12. Esclusions of the Warranties
- 12.1 None of the provisions from the terms will affect any right protected by the law, to which the user has the right to consumer quality and that can’t be modified or renounced, conventionally.
- 12.2 The service is provided “just as it is,” and WEUSETV doesn’t release any warranty or statement with reference to it.
12.3 In particular, WEUSETV doesn’t declare or guarantee that:
- The use of the service satisfies the needs of the user,
- The use of the service is uninterrupted, timely, secure, and free of errors,
- Whatever information obtained by the user as the result of his or her own use of the service is precise, reliable, and
- The defects in the operation or functionality of whatever software provided to the user as part of the service will be repaired.
- 12.4 No condition, guarantee, or other term, (including whatever implicit term of satisfactory quality, eligibility in the sense of conforming to the description), one applies to the service save for that which is expressly articulated in the terms.
13. Limitations of Responsibility
- 13.1 WEUSETV will not be responsible towards the user for the loss that the user could suffer. This includes whatever loss of profit, (occurring directly or indirectly), whatever loss of start or of commercial reputation, or whatever loss of information suffered by the user.
13.2 WEUSETV will not be responsible towards the user for the loss or the damages that the user could suffer:
- For having trusted in the completeness, correctness or existence of whatever publicity, or as result of whatever relation or transaction between the user and whatever sponsor or advertiser whose advertising appears in the service;
- Following the modifications that WEUSETV can bring to the service, or for whatever temporary or permanent cessation in the supply of the service, (or in whatever internal element within the service);
- For the cancellation, deterioration, manipulation, or lack of memorization of the contents and other communications of maintained or transmitted data from—or via, the use of the service;
- For the lack of accurate account information supplied by the user to WEUSETV;
- For the default of the user with regards to maintenance of the password or WEUSETV account details—both secret and confidential.
- 13.3 The limitations to the responsibility of WEUSETV towards the user of which the preceding Article 13.1 applies in the case in which WEUSETV was aware or should have been aware of the possibility of the onset of such a loss in the contrary case.
- 14.1 The terms constitute the whole legally binding contract between the user and WEUSETV and discipline the user of the service and completely substitute whatever previous agreement between the user and WEUSETV in relation to the service.
- 14.2 The user accepts that WEUSETV can furnish communications to the user, including those relative to the modifications of the terms, via email, ordinary post, or communications published in the service.
- 14.3 The user accepts that if WEUSETV does not exercise or execute whatever right or legal remedy allowed by the terms, (or of which WEUSETV benefits according to Italian law), this cannot be considered a formal renunciation of the rights of WEUSETV and these rights or remedies will still be available for WEUSETV.
- 14.4 If an Italian court of law, having the jurisdiction to decide on this matter, decides that any one of the previsions included in the present terms is invalid, such arrangement will be eliminated from the terms, without invalidating the remaining provisions of the terms, that will continue to be valid and applicable.
- 14.5 The user recognizes and accepts that each company of the group to which WEUSETV belongs, will be considered a third beneficiary with respect to the terms and that company will have the right to give direct application, and entrusting in, whatever provision of the terms that confers them a benefit, (or rights to their favor). Outside of that provision, no other person or organization will be considered a third beneficiary of the terms.
- 14.6 The present terms and the relationship of the user with WEUSETV are subject to the Italian law. The parties agree that whatever legal matter deriving from the terms will be devolved to the exclusive competence of the Italian legal courts. Notwithstanding the above, WEUSETV will be, however, authorized to request measures—monitors or precautionary, (or equivalent urgent measures), in whatever jurisdiction.