Terms of Service - English


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Watch2Gether Terms of Service

[ Deutsche Fassung: Geschäftsbedingungen - Deutsch ]

The gist

We (the folks at Watch2gether) run a social video platform called Watch2Gether and would love you to use it. Watch2Gether’s basic service is free, and we offer paid upgrades for advanced features in the Watch2Gether +PLUS membership program. Our service is designed to give you as much control and ownership over what goes on in your Watch2Gether chat rooms. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your room.

If you find a Watch2Gether room that you believe violates these Terms of Service, please contact us.

Terms of Service

The following terms and conditions govern all use of the Watch2Gether website and all content, services, and products available at or through the website. Our services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies (including, without limitation our Data Privacy Policy). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Watch2Gether, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Your Watch2Gether Account

When you create a room on Watch2Gether, you are responsible for maintaining the security of your room and you are fully responsible for all activities that occur in the room and any other actions taken in connection with the room. You must immediately notify Watch2Gether of any unauthorized uses of your room, your Watch2Gether account, or any other breaches of security. Watch2Gether 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.

##Responsibility of Contributors

If you operate a room, participate in a room, post content into a room, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Watch2Gether, you represent and warrant that your Content and conduct do not violate these terms. If you delete Content or a room, Watch2Gether will use reasonable efforts to remove it from Watch2Gether, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Watch2Gether has the right (though not the obligation) to, in Watch2Gether’s sole discretion, (i) reclaim your username or room due to prolonged inactivity, (ii) refuse or remove any content that, in Watch2Gether’s reasonable opinion, violates any Watch2Gether policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Watch2Gether to any individual or entity for any reason. Watch2Gether will have no obligation to provide a refund of any amounts previously paid.

Advertisements

Watch2Gether reserves the right to display advertisements in your room unless you have purchased a Watch2Gether +PLUS membership.

Payment and Renewal

General Terms

Optional paid services such as the Watch2Gether +PLUS membership are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Watch2Gether the monthly or annual subscription fees indicated for that service. Unless otherwise stated, payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Free trial (30 days) is only available once per user.

Automatic Renewal

Unless you notify Watch2Gether before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your user profile. Subscription fees are not refundable.

Responsibility of Visitors

Watch2Gether has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Watch2Gether does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Watch2Gether disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Watch2Gether links, and that link to Watch2Gether. Watch2Gether does not have any control over those Watch2Gether websites, and is not responsible for their contents or their use. By linking to a non-Watch2Gether website, Watch2Gether does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Watch2Gether disclaims any responsibility for any harm resulting from your use of non-Watch2Gether websites and webpages.

Copyright Infringement and DMCA Policy

As Watch2Gether asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located or linked on Watch2Gether violates your copyright, you are encouraged to notify Watch2Gether. Watch2Gether will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Watch2Gether will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Watch2Gether or others. In the case of such termination, Watch2Gether will have no obligation to provide a refund of any amounts previously paid to Watch2Gether.

Intellectual Property

This Agreement does not transfer from Watch2Gether to you any Watch2Gether or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Watch2Gether. Watch2Gether, the Watch2Gether logo, and all other trademarks, service marks, graphics and logos used in connection with Watch2Gether or our Services, are trademarks or registered trademarks of Watch2Gether or Watch2Gether’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Watch2Gether or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Watch2Gether may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Watch2Gether account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” Watch2Gether and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Watch2Gether nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Limitation of Liability

In no event will Watch2Gether, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Watch2Gether under this agreement during the twelve (12) month period prior to the cause of action. Watch2Gether shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Watch2Gether Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Watch2Gether, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

This document is CC-BY-SA. It was last updated Jan 13, 2017

Originally adapted from the WordPress Terms of Service