What do these Terms of Use contain?
This index is designed to help you navigate our Terms of Service (Terms). We hope you will find it useful. However, please ensure that you read the full Terms.
Welcome to WaappiTalk!
This section presents our relationship with you. It contains a description of the Service, defines the Contract between us and identifies the entity providing the Service to you.
Who can use the Service?
This section defines some of the criteria necessary to use the Service, as well as the different categories of users.
Your use of the Service
This section describes your rights when using the Service, and the terms that apply to your use of the Service. It also explains the conditions under which we may modify the Service.
Your Content and Conduct
This section applies to users who submit Content to the Service. It sets out the scope of the rights and permissions you grant by uploading your Content, and indicates that you agree not to post anything that infringes the rights of third parties.
Account suspension and closure
This section explains how you and WaappiTalk can end your relationship.
About software in our Service
This section contains information about software in our Service.
Other clauses
This section outlines WaappiTalk's commitment to you. It also describes situations for which we cannot be held responsible.
About the Contract
This section contains other important information about the Agreement, including the consequences of any changes we may need to make to these Terms or applicable laws.
Terms of use
Dated: January 5, 2022
TERMS OF USE
Welcome to WaappiTalk!
Introduction
Thank you for using the WaappiTalk platform and related WaappiTalk products, services and features that we make available to you (collectively, the "Service").
Our service
The Service enables you to discover, watch and share videos and other content, provides a way for you to inform, inspire and connect with internet users worldwide, and serves as a distribution platform for all creators of original content and advertisers, whatever their size. A wealth of information about our products and how to use them is available in our Help Center. Here you will find, among other things, information about WaappiTalk Kids, the WaappiTalk Partner Program and WaappiTalk Paid Subscriptions and Purchases.
You'll also find information on how to enjoy content from other devices, such as your TV, game consoles, or even your Google Home.
Entity providing the Service to you
The entity providing the Service in the European Economic Area (EEA), and in Switzerland is Google Ireland Limited, an Irish company registered in Ireland (under number 368047), whose address is Gordon House, Barrow Street, Dublin 4, Ireland (referred to as "WaappiTalk", "we", or "our"). References to "Affiliates" of WaappiTalk in these Terms mean other companies within the Alphabet Inc. group of companies.
Applicable conditions
Your use of the Service is subject to these terms and conditions, the WaappiTalk Community Guidelines and the measures described in the Rules, Security and Copyright page (when you agree to them, these rules and terms are collectively referred to as the "Agreement"). "). Your Agreement with us also includes the rules described in the Advertising on WaappiTalk page if you provide advertising or sponsorship on the Service, or if your Content includes commercial communications.
Please read the terms of this Agreement carefully and make sure you understand them. If you do not understand or refuse all or part of the terms of the Agreement, you must not use the Service.
Who can use the Service?
Minimum age required
To use the Service, you must be at least 15 years old; however, children of all ages may use the Service and the WaappiTalk Kids app (if applicable), if permitted to do so by a parent or legal guardian.
Consent of parent or legal guardian
If you are under 18, you must obtain the express consent of your parent or legal guardian to use this Service. Please read this Agreement with them.
If you are the parent or legal guardian of a user under the age of 18, when you accept the Agreement you acknowledge that by allowing your child to use the Service, you are subject to the terms of this C
agree and are responsible for your child's activities on the Service. In our Help Center or on the Family Link site, you will find tools and resources to help you manage your family's activity on WaappiTalk (including authorizing a child under 15 to use the Service and WaappiTalk Kids app).
Companies
If you are using the Service on behalf of a business or organization, you confirm that you have the authority to act on behalf of such entity, and that such entity agrees to the terms of this Agreement.
Your use of the Service
Content available on the Service
Content available on the Service includes video files, audio files (e.g. music or other sounds), graphics, photos, text (e.g. comments or scripts), trademarks (including trade names, trademarks, service marks or logos), interactive features, software, statistics and other resources (collectively, "Content"). Content may be made available on the Service and distributed by our users and WaappiTalk is a hosting service provider for such Content. The person or entity that makes Content available on the Service is responsible for it. If you identify Content that you believe violates the terms of this Agreement, such as a violation of the Community Guidelines or a violation of the law, you may report it to us.
Google accounts and WaappiTalk channels
You may use some of the features of the Service, such as browsing or searching for Content, without having a Google account. However, a Google account is required to access certain features. With a Google account, you can like, subscribe to channels, create your own WaappiTalk channel, and more. You can follow the instructions accessible via the following link to create a Google account.
If you create a WaappiTalk channel, you will have access to additional features allowing you to, among other things, upload videos, add comments or create playlists. You can check the following link to find the necessary information to create your own WaappiTalk channel.
To protect your Google Account, keep your password confidential. Avoid reusing your Google Account password in third-party apps. Via the following link you will find information on how to keep your Google Account safe, such as what to do in case of unauthorized use of your password or Google Account.
Your informations
Our Privacy Policy describes how we treat your information and protect your privacy when you use the Service. The WaappiTalk Kids Privacy Notice contains additional information about our specific WaappiTalk Kids privacy practices.
All audio and audiovisual content you upload to the Service is processed by WaappiTalk in accordance with WaappiTalk's Data Processing Terms, except where you upload such content for personal or family use. . Learn more.
Permissions and Restrictions
You may access and use the Service as offered to you subject to compliance with this Agreement and the legal provisions. You may watch or listen to Content for your personal, non-commercial use. You can also stream WaappiTalk videos through the embedded WaappiTalk player.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use all or any part of the Service or Content except: (a) as expressly permitted by the Service ; (b) with the prior written permission of WaappiTalk and, where applicable, the rights holders; or (c) in accordance with applicable law;
hijack, disable, fraudulently use or otherwise interfere with the Service (or attempt to do any of these), including security-related features or which (a) prevent or restrict copying or any other use of the Content, or (b) limit the use of the Service or the Content;
access the Service through automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with the WaappiTalk robots.txt file; (b) with the prior written consent of WaappiTalk, or (c) where permitted by law.
orise; or (c) in accordance with applicable law;
collect or use any personally identifiable information (e.g. usernames, facial features) except as expressly authorized by the individual(s) or as provided in Section 3 above;
use the Service to distribute unsolicited promotional or commercial content, or send unwanted or repeated solicitations (spam);
cause or encourage inaccurate measurements of actual user engagement on the Service, including paying or in any way inducing users to increase views, "likes" or "likes" dislike", artificially increase the number of subscribers to a channel, or otherwise manipulate statistics;
abuse the reporting, reporting, complaint, dispute, or appeal process options, including to make unfounded, offensive, or frivolous claims or accusations;
run contests on or through the Service that do not comply with WaappiTalk Contest Rules and Guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you are not permitted to stream videos or music to an audience from the Service); Where
use the Service to: (a) sell advertising, sponsorship or promotional content in or on the Service or the Content, except as permitted by the provisions described in the WaappiTalk Advertising Rules (such as product placements that comply with applicable rules); or (b) sell advertising, sponsorship, or promotional content on any page of any third-party website or application that contains Service Content exclusively or relies primarily on Service Content to perform or encourage any such sales (for example, selling advertising on a web page where WaappiTalk videos would be the only valuable content).
Reservations
Any rights not expressly granted by these Terms of Use are deemed to be rights reserved to WaappiTalk or the respective rights holders. This means, for example, that use of the Service does not in any way grant you any intellectual property rights in the Content that you access (nor in any branded elements used or displayed in the Service).
Develop, improve and update the Service
WaappiTalk constantly modifies and optimizes the Service. As part of the constant evolution of our digital content and our services, we make modifications or changes (concerning all or part of the Service) consisting, for example, in adding or removing functionalities, offering new services or digital content, or abandoning older ones. We may also modify the Service for the following reasons:
Adapt to new technologies
Take into account the evolution of the number of users of a particular product, feature or service
Take into account important changes regarding licenses and partnerships we have entered into with third parties
Prevent harm or misuse
Meet legal, regulatory or security requirements
In particular, we sometimes make updates arising from legal obligations, to allow our digital content or our goods or services to remain compliant with the law. We thus update our services and digital content for security reasons, but also to ensure that they comply with the quality standards that correspond to your expectations, for example those described in the "Legal guarantee" section below. We may automatically install updates that address important security risks. You can choose whether or not to install other updates.
Before changing certain parts of the Service or no longer offering them, we carefully consider your interests as a user, your reasonable expectations, and the potential impact of this change on you and others. We only change parts of the Service or stop offering them for good reason. In the event of a change that negatively impacts your access to or use of the Service, we will provide you with notice by email within a reasonable time, except in urgent situations, such as the prevention of harm or misuse. , the response to legal obligations, or in the event of imperatives related to questions of safety or operation. Such notice will include a description of the changes in question, indicate their effective date and inform you of your right to
end the contract you have entered into with us if the changes have a major negative impact on you. We will also provide you with the ability to export your Content using the Google Takeout tool, subject to applicable laws and rules.
Your Content and Conduct
Uploading Content
If you have a WaappiTalk channel, you may upload Content through the Service. You may use such Content to promote your business or artistic activity. If you choose to upload Content, you must not submit any Content to the Service that does not comply with this Agreement or violates the law. For example, Content you submit must not include any third party's intellectual property (e.g., copyrighted material), unless you have express permission from that third party or you do not have any other legal authority to do so (including pursuant to any available exceptions or limitations to copyright or related rights under European Union law). Furthermore, you must not use the Service to make available to the public any illegal Content, and in particular Content:
inciting hatred, violence or discrimination based on people's origin, race, religion, gender, sexual orientation;
constitutive of sexual harassment;
violating human dignity (such as human trafficking or pimping);
advocating or denying the existence of crimes against humanity;
promoting terrorism;
glorifying very serious crimes against people (for example murder and sexual assault);
advocating theft, extortion and damage to property, dangerous for people;
constituents of child pornography.
You are legally responsible for the Content you submit to the Service. We may use automated systems to analyze your Content. These systems help us detect any misuse or violations, such as spam, malware or illegal content, including those listed above, in order to limit their distribution to the public. When Content is identified by our algorithms as illegal, it may be deleted in whole or in part and your access to our services may be suspended or blocked. For more information, see the "Account suspension and termination" section below.
The rights you grant
You retain all ownership rights to your Content. What's yours stays yours. However, we require that you grant certain rights to WaappiTalk and other users of the Service, as described below.
WaappiTalk License Agreement
By submitting Content to the Service, you grant WaappiTalk a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use such Content, the right to reproduce it, host it, make technical copies of it, disseminate, communicate to the public, modify, analyze, display and perform it for the sole purpose of operating, promoting and improving the Service.
License agreement to other users
You also grant each user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use such Content (including the right to reproduce, distribute, modify, display or perform) as permitted by the functionality of the Service.
License term
The licenses you grant do not expire until you remove the Content, as described below. Once the Content is deleted, the licenses end, except where the operation of the Service, the use of the Content authorized before the deletion, or the law requires it. For example, if you delete your Content yourself, WaappiTalk is not obligated to (a) recall Content that other Internet users are viewing through limited offline viewing functionality, or (b) delete copies that we are obliged to keep for legal reasons.
Right to monetize
You grant WaappiTalk the right to monetize your Content available on the Service (such monetization may include displaying advertisements on or in the Content, or charging users access fees). This Agreement does not entitle you to any payment. From June 1, 2021, all payments you may be entitled to receive from WaappiTalk under any other agreement between you and WaappiTalk (including, for example, payments under the Partner Program WaappiTalk, channel subscriptions or Super Chat) will be considered royalties. Whether
required by law, Google will withhold withholding tax from such payments.
Deletion of your Content
You may remove your Content from the Service at any time. You may also make a copy of your Content before it is deleted. You must remove your Content if you no longer have the rights required by these terms.
Deletion of Content by WaappiTalk
If there are objective and concrete reasons to believe that any of your Content (1) violates the terms of this Agreement (including illegal Content, as defined above in the section "Uploading Content" ) or (2) is likely to harm WaappiTalk, our users or third parties, we reserve the right to remove such content or remove all or part of it. We will inform you of the reason for these measures and you will be informed of the reasons behind this decision and the internal and judicial remedies available to you, unless we have objective and concrete reasons to believe that it could: (a) break the law, defy the direction of law enforcement authorities, or otherwise risk legal liability for WaappiTalk or our Affiliates; (b) compromise any investigation, or the integrity or operation of the Service; or (c) in any way harm our users, third parties, WaappiTalk or its Affiliates. To learn more about reporting and enforcement, or to find out how to appeal, visit the Resolve issues with video takedowns page in our Help Center.
Community Guidelines Warnings
WaappiTalk applies a warning system to Content that does not comply with the WaappiTalk Community Guidelines. A warning comes with different restrictions and may result in your channel being permanently removed from WaappiTalk. A full description of the consequences of a warning on your channel is available on the Basics of Community Guidelines Warnings page. If you believe a warning was issued in error, you can appeal by clicking this link.
If your channel is subject to restrictions as a result of a warning, you should not use another channel to circumvent these restrictions. Violation of this prohibition constitutes a material breach of the provisions of this Agreement, and, if applicable, Google reserves the right to deactivate your Google account or remove your access to all or part of the Service.
Copyright Protection
We provide copyright owners with necessary information to help them manage their intellectual property online in our WaappiTalk Copyright Center. If you believe that your copyrights have been violated in connection with the Service, please notify us.
We respond to notifications of alleged copyright infringement in accordance with the procedure outlined in our WaappiTalk Copyright Center, where you can also find information on how to resolve a copyright infringement warning. author. The rules of WaappiTalk provide for the termination, in certain cases, of the accounts of people who have violated the rules on several occasions.
Account suspension and closure
Closing by yourself
You may stop using the Service at any time. You can also remove the Service from your Google Account, which involves closing your WaappiTalk channel and deleting your data, with the option to download a copy first.
Suspension and termination of account by WaappiTalk
WaappiTalk reserves the right to suspend or terminate your Google account or your access to all or part of the Service if: (a) you commit a substantial or repeated violation of the terms of this Agreement, (b) we are compelled to do so in order to to comply with the law or a court order, or (c) we have objective and concrete reasons to believe in conduct that may incur liability for our users, third parties, WaappiTalk or its Affiliates, or harm them in any way. A suspension or termination of this type is based on a case-by-case examination, taking into account objective elements. When a suspension or termination of account results from the illegal nature of your Content, we ensure that the measure is proportional to the seriousness of the infringement. During this evaluation, we will take into account the nature and the repeated character or occasional offences.
Notice of suspension or termination
We will inform you of the reason why your account has been suspended or closed, unless we have objective and c
believe that doing so may: (a) violate the law or contravene the direction of law enforcement authorities; (b) jeopardize an investigation; (c) compromise the integrity, operation and security of the Service; or (d) in any way harm our users, third parties, WaappiTalk or our Affiliates.
Effect of account suspension or closure
If your Google Account is terminated or your Google Account's access to the Service is restricted, you may continue to use certain features of the Service (such as simple viewing) without having an account, and the terms of this Agreement shall apply. apply to such use. If you believe that the termination or suspension of your account is not justified, you can appeal this decision using this form and ask Google to restore your account. Your request will be examined by our teams in order to provide you with an answer as soon as possible. You can also go to the competent court.
About software in our Service
Downloadable software
Where the Service requires or includes downloadable software (such as the WaappiTalk Studio application), unless such software is subject to additional licensing terms, WaappiTalk grants to you a personal, worldwide, royalty-free, non-transferable and non-exclusive permitting use of the software provided by WaappiTalk in the Service. This license is for the sole purpose of allowing you to use and benefit from the Service as provided by WaappiTalk, in the manner agreed in this Agreement. You may not copy, modify, distribute, sell or lease all or any part of the software, reverse engineer it, or attempt to extract source code from the software, unless required by applicable law. force renders these restrictions invalid or that you have received written authorization from WaappiTalk.
open-source
Some software used as part of the Service may be offered under an Open Source license. The terms of an open source license may expressly override some of these terms. Where appropriate, we will make this Open Source license available to you.
Other clauses
Legal guarantee
If you are a consumer based in the EEA and you have agreed to our terms of use, the consumer protection laws of the EEA give you a legal guarantee covering the services or digital content that we provide to you. Under this warranty, we are responsible for any lack of conformity that you may find:
within two years of the one-time provision of services or digital content (such as the purchase of a movie);
at any time during the "continuous" provision of services or digital content (such as a subscription).
The laws of your country may provide for an even longer warranty period. Your rights under these legal warranties are not limited by any other commercial warranties offered by us. If you wish to make a warranty claim, please [contact us].
Disclaimer
Under the law, consumers have certain rights that cannot be excluded or modified by contract. Nothing in this Agreement affects those rights you have as a consumer. Apart from the provisions expressly described in this Agreement and the legal requirements (see the section "Legal guarantee"), WaappiTalk does not grant any specific guarantee with regard to the Service. For example, we make no other promises regarding: Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or whether any Content you submit is accessible and stored on the Service.
Limitation of Liability
Concerning all users: Nothing in this Agreement is intended to exclude or limit the liability of the parties for: death or personal injury; fraud ; fraudulent statement; or liability which cannot be excluded or limited by law.
To the extent permitted by applicable law, WaappiTalk and its Affiliates will not be responsible for:
losses that do not result from a breach of this Agreement by WaappiTalk or its Affiliates;
losses or damages which, at the time this Agreement between you and WaappiTalk entered into force, were not reasonably foreseeable consequences of breaches by WaappiTalk and its Affiliates of the Agreement; Where
any User Submitted Content, or any user conduct that is defamatory, abusive or unlawful.
Professional users
: if you use the Service for commercial, entrepreneurial, artisanal or professional purposes (you are hereinafter referred to as a "Professional User"), to the extent permitted by applicable law, the following limitations of liability also apply:
WaappiTalk and its Affiliates shall not be liable for any loss of profits, revenue or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (whether or not such losses were foreseeable); and
The total liability of WaappiTalk and its Affiliates for any claims arising out of or relating to the Service is limited to the greater of: (a) the amount of revenue WaappiTalk has paid to you for your use of the Service in the 12 months preceding your notification of such claim in writing to WaappiTalk and (b) €500.
Links to Third-Party Sites
The Service may include links to third-party websites and online services that are not owned by WaappiTalk and over which we have no control. WaappiTalk does not operate such websites and online services, and accepts no responsibility for their use. We recommend that you be vigilant when leaving the Service, and carefully read the terms and conditions and privacy policies of each third-party website and online service you access.
About the Contract
Modification of this Agreement
We may modify this Agreement (1) to reflect adjustments to our Service or the conduct of our business, such as when we add new products or features or remove old ones, (2) to legal, regulatory, or security reasons, or (3) to prevent harm or misuse.
We will notify you of changes to this Agreement a reasonable time before they take effect (by email or other appropriate means), to give you time to review and accept them, except (1) when such changes relate to a new product or feature, or (2) in an emergency (for example, to prevent ongoing misuse or meet legal obligations). If you do not accept these new conditions, you must delete the Content that you have uploaded and stop using the Service.
Continuity of the Contract
If you terminate your use of the Service, the following terms of this Agreement will continue to apply to you: "Other Terms", "About the Agreement"; the licenses you grant will survive in certain limited circumstances as described in "License Term".
Independence of clauses
If any particular term of this Agreement is found to be unenforceable for any reason, this has no effect on the rest of the terms, unless otherwise provided by applicable law.
Assignment
WaappiTalk may assign all or part of this Agreement to one of its Affiliates or, if WaappiTalk is assigned, to a third party, provided that this does not restrict your rights without your consent.
No Waiver
If you breach this Agreement and we don't immediately take action, that doesn't mean we waive our rights (for example, the right to take action later).
Applicable law
If you reside in the European Economic Area (EEA) or Switzerland, this Agreement and your relationship with WaappiTalk under this Agreement will be governed by the laws of the country in which you reside, and legal proceedings may be brought in your local courts.
EEA withdrawal instructions
If you are a consumer based in the EEA, the consumer protection law of the EEA grants you, from May 28, 2022, the right to withdraw from this contract as described in the "Standard information on the withdrawal" from the EU, provided below.
Right to retract
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period expires 14 days after the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post or e-mail). You can contact us by email at info@waappitalk.com, by telephone on +40730936431 (see telephone numbers for each country below) or by writing to Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. You can use the model withdrawal form,
but it is not mandatory. You can also complete and submit the model withdrawal form or any other unambiguous statement on our website (g.co/EEAWithdrawalForm). If you use this option, we will send you an acknowledgment of receipt of the withdrawal without delay on a durable medium (eg by e-mail).
For the withdrawal period to be respected, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the expiry of the said period.
Consequences of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will process the refund using the same means of payment as you used for the original transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you.
Model withdrawal form
