1.YOUR RELATIONS WITH W2921.1. Your use of the website https://w292.com (hereafter – “the Website”) as well as other services, software and W292 products including an embedded video player (hereafter – “the W292 Player”) provided to you on, from, or through the Website (hereafter jointly referred to as “the Service”) is subject to terms of an agreement between you and W292.
W292 referred to in this document is understood as a commercial organization W292 Media OÜ incorporated pursuant to the laws of the Republic of Estonia with a registered office at Tartu mnt 83-701, Tallinn city, Harju county, 10115, Estonia.
1.2. Your agreement with W292 consists of
a.terms and conditions set forth in this document hereafter referred to as “the General Terms”, found at https://w292.com/terms/general-terms-of-use and incorporated herein by reference;
c.W292 Community Guidelines found at https://w292.com/terms/community-guidelines and incorporated herein by reference;
d. other documents incorporated herein by reference.
All documents listed in this clause hereafter referred to as “the Terms of Service” are freely available in the most recent version on the Website by the link https://www.w292.com/terms.
1.3.These Terms of Service are a legal agreement between You and W292 regulating legal relations for delivery and use of the Service. It is important that You read carefully these General Terms and any other documents included in the Terms of Service.
1.4.These Terms of Service are applicable to any and all users of the Service such as but not limited to those who contribute Content to the Service. “The Content” includes text, software, scripts, graphics, photographs, sounds, music, videos (with or without sound), interactive features and other materials you may view on, access through or contribute to the Service.
1.5.Within the Service W292 provides a possibility to submit, store and access the Content by a request. Herewith W292 does not alter this Content apart from the cases explicitly provided by the Terms of Service.
1.5.Whenever necessary to notify you or get your agreement W292 may send you a corresponding notification or request via W292 account or email provided by you in W292 account. This notification is deemed appropriate (proper and legally enforceable if needed), and agreement provided by you via W292 account, or as an answer to the received email including the link click-through, contained in this email, will be legally effective.
2.1.To use the Service you should accept the Terms of Service unconditionally and completely. If You do not agree to any of the Terms of Service, please do not use the Service.
2.2.By using the Service, you signify your acceptance of these Terms of Service. You understand and accept that your use of the Service in any way will be considered by W292 as acceptance of the Terms of Service. You shall not challenge the Terms of Service or their particular provisions after you started using the Service.
2.3.You shall not use the Service and accept the Terms of Service if
a.you are under the age when you have a legal right to enter into an agreement with W292; or
b.subject to the laws of the country of your residence or the country you access or use the Service from you have no rights to perform legal acts; or
с.subject to the laws of the country of your residence or the country you access or use the Service from you are legally prohibited to access or use the Service.
2.4.You shall print out or reserve a copy of the most recent version of the Terms of Service on a local drive for your personal use.
2.4.The Service functions could be used either by registered Service users with a W292 account (for more details of registration and W292 accounts see clause 4 herein) or by users without a W292 account as well as by users who have a W292 account but use the Service without going through its identity verification procedure. In this regard you agree that the Terms of Service are obligatory for you whether you have a W292 account or not as well as whether you actually log in your W292 account when using the Service or not.
3.CHANGES TO THE TERMS OF SERVICE
3.1.W292 reserves the right, in its sole discretion, to modify or revise these Terms of Service at any time. The Terms of Service may be modified or revised, for example, in order to make changes in the documents included in the Terms of Service or changes of the Service functionality.
3.2.W292 shall never be bound to notify you of making modifications or revisions in the Terms of Service. Regarding this you should periodically (without W292’s notice or reminder) review the Terms of Service with a view to such modifications or revisions.
3.3.The most up-to-date version of the Terms of Service (“The Terms of Service Updates”) shall be posted via the link https://www.w292.com/terms.
3.4.The Terms of Service Updates shall be effective at the time of posting, as set forth in clause 3.3 hereby, unless otherwise defined herein.
3.5.If you do not agree with the Terms of Service Updates (in whole or in any part), then please stop using the Service. By continuing to use the Service after posting of the Terms of Service Updates, as set forth in clause 3.3 hereby, you are expressing and acknowledging your acceptance of the Terms of Service Updates.
4.1.In order to access some particular features of the Service, you will have to create a W292 account by going through a registration procedure on the Website.
4.2.When creating your account on the Website, you must provide W292 with accurate and complete information about yourself, as well as with an electronic mail address and a password, which W292 will use to identify you as an owner of a relevant account and a user of the Service. The registration procedure is completed and your W292 account is created at the moment you follow the link, W292 sent you to the electronic mail address you have specified while registering.
4.3.You assume obligations to keep the information you specified in your W292 account up-to-date, from time to time to check its veracity and update the information which is no longer correct.
4.4.It is important you must keep your W292 account password secure.
4.5.You agree that you are fully responsible (to W292 and others) for all activities that occur under your W292 account.
4.6.You must notify W292 immediately of any breach of security or unauthorized use of your W292 account that came into your notice. Prior to W292 receives such a notice from you and confirms that you own a relevant W292 account, all activities that occur on or through your account shall be deemed as yours despite who actually performed those activities.
4.7.Having a W292 account supposes you to be an active user of the Service. W292 incurs expenses incidental to maintaining of your account. If during 120 consecutive days you have not authorized in the Service (have not logged in your W292 account), your account shall be suspended. Since that moment W292 starts charging fees for maintaining of your account, using payment resources kept on your account. If there are no payment resources on your account, W292 shall block it. While your W292 account is under suspense you can recover it by going through an authorization procedure and filling data required by W292.
4.8.Since your account is blocked it cannot be recovered: you completely lose access to the account and to the Content you have submitted using it, payment resources kept on your account expires. All these happen independently from reasons of your account blocking.
5.GENERAL USE OF THE SERVICE - PERMISSIONS AND RESTRICTIONS
5.1.W292 hereby grants you permission to access and use the Service assuming that you refrain from the actions set forth in this clause which will be treated as breaches of the Terms of Service in case you perform them.
a.You agree not to distribute in any medium any part of the Website or the Service including but limited to the Content, without W292's prior written authorization, unless W292 makes available the means for such distribution through the functionality explicitly offered by the Service;
b.You agree not to alter or modify any part of the Website or the Service (including but not limited to the W292 Player and technologies related to it);
c.You agree not to access the Content through any technology or means other than the video playback pages of the Service itself, the W292 Player, or other explicitly authorized means W292 may designate;
d.You agree not to perform (or not attempt to perform) the following actions: to circumvent, disable or otherwise interfere with security related features of the Website or features that (I) prevent or restrict use or copying of any Content, or (II) enforce limitations on use of the Service or the Content therein;
e.You agree not to use the Service (including the W292 Player) for any of the following commercial uses unless you obtain W292's prior written approval:
— sale of access to the Service and (or) its separate functionalities;
— sale of advertising, sponsorships, or promotions placed on or within the Service including, but not limited to the Content, unless otherwise expressly provided for in other documents regulating the Terms of Service and its special options;
— sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing the Content delivered via the Service, unless other material not obtained from W292 appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
— viewing of video originals via the suitable explicit functionalities of the Service; — maintaining with respect to the Terms of Service an original channel on the Website to promote your business or other enterprise;
— showing W292 videos through the W292 Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in paragraph 4 of section e; and any use that W292 expressly authorizes in writing.
f.If you use the W292 Player on your website, you may not modify, build upon, or block any portion or functionality of the W292 Player, including but not limited to links back to the Website;
g.You agree not to use or launch any automated systems, software and other tools, including without limitation, "robots," "spiders," or "offline readers", that access the Website in a manner that sends more request messages to the W292 servers in a given period of time than a human can reasonably produce in the same period by using a conventional, standard (i.e. unmodified) on-line web browser;
h.You agree not use the Service to collect (with or without help of special programs and (or) other automation tools) any personally identifiable information about its users and any third parties, including but not limited to account names, Content (in whole or in parts) and others;
i.You agree not use the Website or the Service (including comments and communication systems provided by the Service) to harvest commercial purchases for any commercial solicitation purposes or in relation to a commercial enterprise, unless otherwise expressly provided by functionality of the Website or the Service;
j.You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content;
k.You agree not to access the Content for any other purposes except from your personal use solely as intended through the provided functionality of the Service including Streaming.
“Streaming” means a form of transport of digital video in a flow directly from the Internet to a gadget so that the video could be watched on-line without a possibility for a user to download (permanent or temporary), copy, store and further distribute the whole video or its parts;
5.l.You agree not to submit personal information of third parties to the Service; .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 the respective licensors of the Content.
5.2.You agree to follow all other conditions of the Terms of Service when using the Service at any time.
5.3.W292 grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. W292 reserves the right to revoke these exceptions either generally or in specific cases.
5.4.W292 regularly improves its services towards the users. You acknowledge and agree that the Service character, form and functionality may be modified from time to time at the sole discretion of W292 without prior notice.
5.5.You acknowledge and agree that due to such a constant improvement W292 may stop (on the permanent or temporary basis) providing the Service (or any of its functions) to you or all the users in general at its sole discretion and without prior notice.
5.6.You may terminate your use of the Service at any time and at your sole discretion. You do not need to notify W292 of your termination of the Service. Though, if you want your account to be blocked, you shall notify W292 about it. This notice should be sent in written to W292 address specified in clause 1.1 herein. Account blocking results particularly in termination of any W292’s obligations towards you. You should understand that blocking of your account will not result in removal of the video content submitted by you to the Service, but users of the Service will not have access to such Content anymore.
5.7.You agree that you are solely responsible (and W292 has no responsibility towards you or any third parties) for violation of your obligations set forth in the Terms of Service, as well as for circumstances of such a violation (including any loss and damage that could be caused to W292).
5.8.All automated, software and other tools and services you may need to use the Service, you purchase by yourself and at your own expense. In no event W292 reimburses you such expenses.
5.9.When using the Service, you agree to follow all applicable laws.
6.COPYRIGHT PROTECTION POLICY6.1.W292 conducts a consistent copyright protection policy on results of intellectual activity and means of identification (hereafter jointly referred to as “intellectual property rights”) in relation to any Content that supposedly infringes on other third party's intellectual property rights including proprietary and personal non-property rights.
6.2.Pursuant to its protection policy of intellectual property rights W292 terminates a user’s access to the Service if the user is recognized as a repeat infringer. A user is considered to be a repeat infringer if a copyright infringement notification has been sent to the user more than twice.
6.3.W292 may terminate access of the Service users to Content if notified that such Content infringes on another's intellectual property rights. W292 reserves the right to terminate access to Content without validation of reasonableness of such notice.
6.4.W292 reminds you that as an account holder and (or) a user of the Service, you bear responsibility as set forth by the law of the country of your residence or the country you access or use the Service from, in case while using the Service you violate any third party's intellectual property rights as well as use the Service for illegal purposes.
7.CONTENT7.1.As a W292 account holder you may submit Content to the Service, including but not limited to videos and user comments. You understand that W292 does not warrant any confidentiality with respect to any Content you submit whether it is uploaded or not.
7.2.You affirm, represent, and warrant that you own the necessary licenses, rights, consents, and permissions (and will have them during the whole period of your use of the Service) to publish Content you submit to the Service, and provide W292, other users of the Service and any third parties with the rights to use it pursuant to these Terms of Service.
7.3.You understand and agree that you are solely responsible for your Content and consequences of its uploading, submitting and publishing on the Service.
7.4.You retain all of your ownership rights in your Content submitted to the Service. However, by submitting Content to W292, you hereby grant W292 and other users of the Service the rights (license) to use it. These rights are described in clause 8 herein.
7.5.You agree that your behavior on the Website (and guarantee that the Content you submit to the Service) will be in line with the W292 Community Guidelines, currently found at https://w292.com/terms/community-guidelines, which may be updated from time to time.
7.6.You agree not to upload, submit or make the Content available through the Service you do not have legal rights to own and distribute in the country of your residence..
7.7.You agree not to upload, submit or make the Content available through the Service if W292’s actions towards its using, owning or distributing due to the Service delivery could be found illegal or wrongful.
7.8.You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party intellectual property rights or any other rights (including right of privacy or right of a person’s image), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit, post and make the material publicly available and to grant W292 all of the license rights specified in clause 8 herein.
7.9.If W292 becomes aware of a possible non-compliance of the Content submitted by you to the Service with the Terms of Service, W292 may (but has no obligation to) at any time, without prior notice and in its sole discretion, remove relevant text Content and terminate access of users to such video Content. To enforce this right W292 will be enough with a suspicion of non-compliance of the Content to the Terms of Service. W292 is not bound to verify reasonableness of its suspicions and (or) explain reasons of the Content removal or termination of users’ access to it.
7.10.You further understand and acknowledge that while using the Service you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against W292 with respect thereto, and, to the extent permitted by applicable law.
7.11.W292 is not responsible for any use (legal or wrongful) of the Content by any third party including but not limited to users of the Service.
7.12.By using the Service functionality providing posting of text comments and other publicly accessible messages as well as personal messages, you agree to express respect towards W292, other users of the Service and any other third parties, including abstention from using of an abusive language, offences, warnings, harassments in any form and other similar actions.
7.13.W292 under any circumstances does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein. W292 expressly disclaims any and all liability in connection with any Content submitted to the Service to the extent permitted by applicable law.
7.14.When submitting video Content to the Service, please note as follows. The Service is built and functions on distributed network basis without a single center of data storage. Using of this technology supposes segmentation of videos submitted to the Service into many parts, kept in code anonymized form on plenty of Internet-connected servers of the distributed network. It renders unauthorized access to Content impossible, but at the same time, it eliminates the possibility to completely delete video from the Service. It is possible only to block access of the Server users to the video, but not to completely delete all parts of the video from memory of the distributed network servers.