Terms & Conditions

Last updated: October 22nd, 2012.

The use of the Woisio website(s), application(s), software, services and products (collectively, the “Woisio Service” or “Service”) are subject to this Terms & Conditions and all other legal policies or guidelines of Woisio (including but not limited to Woisio’s Privacy Policy, Copyright Policy and Community Guidelines)

By using the Woisio Service (even as an unregistered guest) you agree to the Terms & Conditions written below and all other legal policies or guidelines of Woisio that can be found on the Woisio website. (including but not limited to Woisio’s Privacy Policy, Copyright Policy and Community Guidelines).

Woisio reserves the right to modify or revise any of these Terms, Policies or Guidelines at any time without notice, and it is your responsibility to review them for any changes. Your use of the Woisio Service following any amendment of these Terms, Policies or Guidelines will signify your assent to and acceptance of their revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

If you are not an individual and claim that you are acting on behalf of an organization; you represent to Woisio that you are an authorized signatory and have the power to agree to any of the terms, policies and guidelines on behalf of your company, corporation, partnership, association, organization or other legal entity, etc in whose name you are registering as a user or establishing an account.

1. COVERAGE

These Terms & Conditions and all the accompanying Policies and Guidelines (that are accessible through the woisio website) apply to all users of the Woisio Service. These users include (but not limited to) in addition to all the registered account owners, everyone who access the Woisio Service (or the player / viewer / stage screen) through any type of browser (even through third-party websites), device, application (including any third-party application) and software.

Woisio Service may contain links to third-party websites, or you might have accessed it through third-party websites, applications or software that are not owned or controlled by Woisio. Woisio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website, application or software. Woisio will not and cannot censor or edit the content of any third-party site. By using the Woisio Service, you expressly relieve Woisio from any and all liability arising from your use of any third-party website, application or software. Please read the Terms & Conditions, Policies and Guidelines of the third-party website, application or software.

Woisio Service, from time to time may enter you into any sweepstakes, giveaway or contest conducted by Woisio (may be through business partners or third parties on behalf of Woisio). Please read and accept the Official Rules of that specific sweepstakes, giveaway or contest before accepting the prize. Even though Woisio enters you into those sweepstakes, giveaways or contests until you accept the Official Rules of that specific promotion, your win is not confirmed and none of your information is made available to public with this regard.

2. ELIGIBILITY

If you are under the age of 13, you are not eligible to use the Woisio Service. If you do not agree to any of the terms, policies or conditions you are not eligible to use the Woisio Service.

If you have already registered and established an account and no longer wish to be bound by these terms, policies and guidelines, or you are not eligible to use the Woisio Service please click here to cancel your account and stop using the Woisio Service. We will delete all the personally identifiable information and any non-aired content from our servers along with your account.

3. ACCOUNTS

Registration is required to use certain aspects of the website like content posting, comment writing, stage following, voting, participating in the games, sweepstakes, giveaways, contests and/or the community decision-making steps, etc.

When you register, you will create an account either with the information you submit in the registration screen or via linking one of your accepted social network profiles to your Woisio account.

You must provide accurate information while creating your account and link your own social network profile to your Woisio account. Woisio user accounts are protected by user created passwords. You are solely responsible for the activity that occurs via your account and you need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and signing off after use. You must notify Woisio immediately if your account information is compromised and/or there is unauthorized activity through your account.

Keep in mind that although Woisio will not be liable for your or others’ losses, you may be liable for the losses of Woisio or others caused by any unauthorized use of your account.

You may never use anybody else’s account or let anybody else to use your account.

Woisio reserves the right to terminate your account and/or access to the Woisio Service and/or remove any Content at any time, in its sole discretion, immediately and without cause and prior notification.

4. GENERAL PERMISSIONS & RESTRICTIONS

Woisio hereby grants you personal, non-exclusive, non-transferable and revocable permission to use the Woisio Service as long as you comply with these Terms & Conditions and:

Woisio reserves the right to discontinue any aspect of the Woisio Service or terminate your access to the Woisio Service at any time, in its sole discretion, immediately and without cause and prior notification.

5. CONTENT ON THE WOISIO SERVICE

The content on the Woisio Service (provided either by the users or Woisio), including but not limited to; any type of video, audio, music, sounds, images, graphs, button icons, photos, animations, graphics, software, scripts, text, interactive features, functionalities, names, designations, typefaces, information, data, and other material and software you may view on, post or access through the Woisio Service (“Content”) and the trademarks, service marks and logos (“Marks”) on the Woisio Service are owned by or licensed to Woisio and subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal/business use solely as intended through the provided functionality of the Woisio Service and as permitted under these Terms & Conditions. You shall not download any Content unless you see a “download” or similar link displayed on the Woisio Service for that Content. 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 Woisio or the respective licensors of the Content. Woisio and its licensors reserve all rights not expressly granted in and to the Woisio Service and the Content.

You shall not modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Woisio Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Woisio Service or the Content therein.

You understand that when using the Woisio Service, you will be exposed to Content from a variety of sources, and that Woisio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Woisio with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Woisio, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Woisio Service.

You can contribute to the Content on Woisio in many ways. These ways include, but not limited to, the Video, Audio or Pictures & Stories Content you upload; the comments you write where available; messages you send through the Service; shares, likes, invites, postings you do through the Service to third-party websites; the information you contribute to your profile page.

You understand that Woisio does not guarantee any confidentiality with respect to a content you submit, air, post, send, upload, download, stream, transmit, display, or otherwise make available or access through your use of the Service. Furthermore, Woisio is not a platform for safekeeping your content therefore Woisio does not accept any liability if content is lost, wrongfully deleted, or no longer accessible.

You are solely responsible for your own Content and the consequences of submitting and publishing / airing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Woisio all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms & Conditions.

By contributing your Content to the Woisio Service you hereby grant Woisio a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Woisio Service and Woisio's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Woisio Service (and derivative works thereof) in any media formats and through any media channels (now known or later developed). Nothing in this Agreement shall restrict Woisio’s rights under separate licenses to User Content.

You also hereby grant each user of the Woisio Service a non-exclusive license to access your Content through the Woisio Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Woisio Service and under these Terms & Conditions.

Every aired content on the Woisio Service become a part of the Program Lineup of the Stages they air on, hence become a part of the history of that stage’s timeline. Therefore the above licenses granted by you to the Woisio Service are perpetual and irrevocable as soon as the airable Content (video, audio, pictures & stories) is assigned to a timeslot to be aired and the re-assignment deadline is passed (Assignments are locked a certain amount of time before airtime due to some Service requirements) or the moment other Contents such as comments, communications etc are submitted. By the way, you retain all of your ownership rights in your Content.

You also agree that Content you submit to the Woisio Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Woisio all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the Community Guidelines, or contrary to applicable local, national, and international laws and regulations.

Woisio does not endorse any Content submitted to the Woisio Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Woisio expressly disclaims any and all liability in connection with Content. Woisio does not permit copyright infringing activities and infringement of intellectual property rights on the Woisio Service, and Woisio will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Woisio reserves the right to remove Content without prior notice.

Woisio reserves the right to terminate your account and/or access to the Woisio Service and/or remove any Content at any time, in its sole discretion, immediately and without cause and prior notification. Woisio reserves the right to decide whether a user or the content posted by the user, violates these Terms & Conditions and all the accompanying Policies and Guidelines (that are accessible through the woisio website)

Most frequent reasons for content removal and/or account termination are, but not limited to, copyright infringement (depending on the severity, frequency and intent), pornography, defamatory or libelous material, obscenity and incitement to illegal activities and/or violence.

6. COPYRIGHT POLICY

Here at Woisio intellectual property rights of others is a very important subject. We do not allow any copyright infringing activities and do take serious measures against the people who infringe others’ intellectual property rights. We will remove any content that is in violation without prior notification as soon as we are properly notified by means stated in the Section 512(c)(3) of the Digital Millennium Copyright Act. We reserve the right to penalize the offender, even terminate the offender’s account depending of the severity, frequency and the intention of the offense at our sole discretion.

If you believe that your work has been copied in a way that constitutes copyright infringement or used without your consent, please provide Woisio’s copyright agent the information specified below via written communication:

Keep in mind that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

If you believe that the content you uploaded was removed in error, or that it does not infringe upon third-party copyright please provide Woisio’s copyright agent the information specified below via written communication:

We will only accept counter notifications from the user from whose account the content in question was posted. In order to verify that you are the account owner we may need to send you a confirmation e-mail through the e-mail address that is associated with your woisio account and ask you to validate the counter notification. If we don’t get a response to that validation request then we may not proceed any further with your counter notification.

After we receive your counter notification and validate your identity as the user from whose account the content in question was posted, we will forward it to the party who submitted the original claim of copyright infringement along with all your personal information. By submitting a counter notification, you consent to having your information revealed in this way.

After we send out the counter notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Woisio. If we do not receive such notification we may reinstate the material and reverse back the effects of our penalizing actions (Reinstate account, reimburse wollars, lift posting bans etc.)

Please e-mail your copyright or counter notifications to copyright@woisio.com for the fastest possible response.

You can fax your notifications to +1 (877) 778-3223

You can also send your notifications to

Copyright Agent
Woisio
2997 East Cobb Pkwy #724256
Atlanta, GA 31139

For more detailed information on the subject, please read Woisio’s Copyright Policy.

7. WARRANTY DISCLAIMER

You agree that your use of the Woisio Service shall be at your sole risk. To the fullest extent permitted by law, Woisio, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Woisio Service and your use thereof. Woisio makes no warranties or representations about the accuracy or completeness of the “Content” (as defined above in article 5) or the content of any third-party sites linked to the Service and assumes no liability or responsibility for any

Woisio does not warrant, endorse, guarantee or assume responsibility for any content, or product or service advertised or offered by a third-party through the Service, through a link in the Service or featured in any form of advertising, and Woisio will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

8. LIMITATION OF LIABILITY

In no event shall Woisio, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Woisio shall not be liable for the content or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.

Woisio makes no representations that the Service is appropriate or available for use in any location in the World. Those who access or use the Service should do so at their own volition and are responsible for compliance with local law.

9. INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Woisio, its parent corporation, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

This defense and indemnification obligation will survive these Terms & Conditions and your use of the Service.

10. ABILITY TO ACCEPT TERMS & CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and to comply with these Terms & Conditions.

In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what sites are appropriate for you.

If you are not an individual and claim that you are acting on behalf of an organization; you affirm that you are an authorized signatory and have the power to agree to any of the terms, policies and guidelines on behalf of your company, corporation, partnership, association, organization or other legal entity, etc in whose name you are registering as a user or establishing an account.

11. ASSIGNMENT

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Woisio without restriction

12. GENERAL

You agree that:

These Terms & Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Woisio that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.

By using the Woisio Service (even as an unregistered guest) you agree to the Terms & Conditions written below and all other legal policies or guidelines of Woisio that can be found on the Woisio website. (including but not limited to Woisio’s Privacy Policy, Copyright Policy and Community Guidelines).

These Terms & Conditions, together with all other legal policies or guidelines of Woisio that can be found on the Woisio website (including but not limited to Woisio’s Privacy Policy, Copyright Policy and Community Guidelines) shall constitute the entire agreement between you and Woisio concerning the Service.

If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and Woisio's failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

You and Woisio agree that any cause of action arising out of or related to the Woisio Service must commence within one (1) year after the cause of action accrues. Otherwise such cause of action is permanently barred.

Woisio reserves the right to modify or revise any of these Terms, Policies or Guidelines at any time without notice, and it is your responsibility to review them for any changes. Your use of the Woisio Service following any amendment of these Terms, Policies or Guidelines will signify your assent to and acceptance of their revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.