For the Main Website of Wediscoverhub
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
INTRODUCTION AND ACCEPTING THE TERMS
That you are 13 years of age and the minimum age of digital consent in your country.
If you are the age of majority in your jurisdiction or over, you have read, understood, and accepted to be bound by the Terms.
If you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.
The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Wediscover. If the changes affect your usage of Wediscover or your legal rights, we'll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.
RIGHTS TO USE THE SERVICE
The Service provides an audio chat, virtual classroom, video conferencing, and social platform. The Service may allow you to participate in public and private chat rooms and utilize messaging features to communicate with other Service users. The Service may also allow you to access specific software and other available content to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to):
Use the Service for any use or purpose other than as expressly permitted by these Terms.
Copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms.
Use data mining, robots, spiders, or similar data gathering and extraction tools on the Service.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your account (s), but it may do so.
You are responsible for your log-in credentials and any activity resulting from the use of your log-in credentials or other training on your account ("Account") on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and, in some cases, a password. You may also be required to provide a valid email address or other information to access or utilize specific applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent the use of a username at our sole discretion and without any liability to you. You understand and agree that other Service users may have the same username as you; however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your email address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your account. You agree to notify us immediately if you believe your log-in credentials' confidentiality has compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from the unauthorized use of your credentials.
You agree to receive communications from us electronically, such as email, text, mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first and make it easy for you to opt-out — we don't want to send you messages you don't want.
By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service and that all agreements, notices, disclosures, and other communications that Wediscover provides to you electronically satisfy any legal requirements that such communications be in writing.
You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
All rights, title, and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials," are, as between the Company and you, owned by the Company and/or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or accessing any Service Materials posted on the Service by the Company or any derivative works thereof. The Company and its licensors reserve all rights not expressly granted by these Terms, and no license is granted hereunder by estoppel, implication, or otherwise.
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is "Your Content." You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility, and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting, or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. Using the Service, you acknowledge and accept that you may expose the material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content or any loss or damage incurred by use of user content. The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing email@example.com.
RULES OF CONDUCT AND USAGE
The Service provides communication channels such as video conferencing, communities, or chat areas ("Communication Channels") to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels, but it may do so in connection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use outlined in these Terms and our Community Guidelines as well as any additional restrictions or regulations (such as application-specific rules) outlined in the Service. As an example, you agree not to use the Service to:
post, upload, transmit, or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
engage in conduct that is fraudulent or illegal or otherwise harmful to Wediscover or any other user;
upload or transmit (or attempt to upload or share) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity);
attempt to obtain passwords or additional private information from other members;
improperly use support channels or complaint buttons to make false reports to us;
develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs, or other "cheat utility" software program or applications in violation of the applicable license agreements; or
exploit, distribute or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage; violate any applicable laws or regulations, or promote or encourage illegal activity including, but not limited to, hacking, cracking, or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, Community Guidelines or improper use of the Service and to take action, including termination of your account and exclusion from further participation in the Service.
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. The Company with this disclaims all liability to you or any third party relating to your service use. The Company reserves the right but has no obligation to manage disputes between you and other users of the Service.
Copyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. Suppose you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated. In that case, you should notify the Company of your infringement claim following the procedure set forth below. The Company will process and investigate notices of the alleged infringement. It will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. Should email notification of claimed copyright infringement to the Company's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail at Wediscover, Attention: DMCA Takedown Request, 1 Sophia Road, #07-09 Peace Centre 228148 Singapore. The notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
an explanation of where the material that you claim is infringing located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Suppose you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Services is infringing upon copyright. In that case, you may be held liable for damages and attorneys' fees.
Counter-Notice. Suppose you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or according to the law, to upload and use the content in Your Content. In that case, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled due to a mistake or a misidentification of the content.
Suppose the Copyright Agent receives a counter-notice. In that case, the Company will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may replace or access it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. Under the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion. These users are deemed to be repeat infringers. At its sole discretion, the Company may also limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may terminate your account at any time and for any reason by deleting your account through the User Settings page in the application. The Company may terminate your account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. As a result of the termination, you may lose your account and all information and data.
DISCLAIMER OF WARRANTY
THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE PRECEDING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US UNDER THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, WEDISCOVER'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You expressly acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the preceding rests entirely with you.
You agree to indemnify and hold the Company harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with:
Your use of and access to the Service.
Your violation of any term of these Terms.
Your violation of any third party right, including without limitation any copyright, property, or privacy right or any third-party agreement.
Any of Your Content or information in your account or any other information you post or share on or through the Service.
As used in this section, "you" shall include anyone accessing the Service using your password.