Last Updated: November 23, 2021
IMPORTANT – please read these Terms of Service (these “Terms”) carefully before using the Wibty mobile application or any other products or services that link to these Terms (collectively, the "Services"), as they form a legally binding contract between you and Wibty Video, Inc., (the “Company” or “we” or “us”) with a registered office. In order to use the Services, you must have accepted our Terms as well as the terms of our privacy policy, both of which are presented to you (i) when you first open our app and (ii) when we make any material changes thereto. If you do not accept these Terms or our Privacy Policy, do not use the Services and delete the Wibty mobile app immediately.
These Terms apply to you if you live outside the United States or if you are using the Services on behalf of a business located outside of the United States. If you live in the United States or are using the Service on behalf of a business located there, the Terms of Service applicable for U.S.-based users apply.
In order to use the Service, you must agree to the following:
General Terms & Conditions
- Changes To These Terms. We may change these Terms at any time, and if we do, we will try to notify you beforehand of any material changes that may apply to you, although this may not always be possible. If we should revise these Terms, your continued use of the Service after such revision will constitute your agreement to such revised Terms. If you do not agree to any of these Terms, as they may be revised then your sole remedy is to delete your account which will terminate these Terms.
- Additional Agreements & Terms. Your access to and use of the Service is also subject to our Privacy Policy, and Community Policy (collectively, “Additional Agreements”), which can be found directly on the App and the Wibty website.
- User Eligibility. The Service is restricted for use by any persons under the age of 13 or for any users previously removed or banned from the Service by us. By using the Service, you state that: (i) you can form a binding contract with Wibty Video, Inc.; (ii) you are not a person who is barred from receiving the Service under the laws of the United States, the United Kingdom, or any other applicable jurisdiction; (iii) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Service on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.
IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU ARE PROHIBITED FROM USING THE SERVICE AND MUST DELETE THE APP IMMEDIATELY IF ALREADY INSTALLED.
- The Wibty Services is accessible via mobile phone, website, tablet or other network devices (collectively “Services”) and your use of the Services constitutes your acknowledgement and acceptance of your network device’s normal messaging, data, and other rates and fees, which may apply. You are solely responsible for verifying with your network device as to whether the Services are available for your device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
- The Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Service. This licence has the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
- Company Trademarks; Copyrights. You must respect the rights of the Company, and its affiliates, including Wibty America, Inc. These Terms do not grant you any right (or to enable anyone else) to do any of the following: (i) use branding, logos, designs, photographs, videos, or any other materials used in our Service; (ii) copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorised in these Terms; (iii) use the Service, any tools provided by the Service, or any content on the Service for any commercial purposes without our consent.
- No Transfer or Assignment. You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without our prior written consent.
- Termination for Breach. If you breach any of your material obligations under these Terms, we may terminate your account.
- Reservation of Rights. The Company reserves all rights not expressly granted to you in this Section 1.Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional licence rights in and to the Service or any Company Content (defined below) or trademarks located or displayed therein.
Wibty User Accounts.
- Account Creation. In order to access the full benefits of the Service, you will have to create a Wibty account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorised use of your log-in credentials or any other breach of security with respect to your Account, please notify the Company immediately at: info@wibty.com.
- Terms of Service; Users. All users of the Service who view and/or transmit User Content (defined below) are referred to herein collectively as “Users.”
- Public Accounts. The Service enables Users to create, transmit, and view live stream audiovisual content (“Broadcast Content”). All User activity on the Service, including the broadcasting of and commenting on any Broadcast Content is publicly available on the Service. Notwithstanding the guidelines and restrictions set forth in our Terms of Service and Community Guidelines, User discretion on the Service is advised.
User Content
- As used in these Terms, “User Content” means any content that Users upload, post, or transmit (collectively, “Post”) to or through the Service, including, without limitation, any Broadcast Content, comments or other text, photographs, and sound recordings, and excludes any and all “Company Content,” which is defined as content that the Company provides to Users on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features.
- No User Content Screening. Users have the ability to Post User Content to, or transmit through, the Service. While we endeavor for all User Content to comply with our Community Guidelines (available for viewing on the App), we do not pre-screen any User Content submitted or publicly Posted by any User. We do however have the right, to delete, disallow, or temporarily block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable law, or (ii) in response to any complaint(s) from other Users, with or without notice. because we don’t review all User Content, we do not guarantee its accuracy, integrity, truthfulness, appropriateness or quality, therefore any use or reliance by you of any User Content is at your own risk.
- User Content Ownership; License. You are the owner and retain the rights to the User Content Posted and displayed on and through the Service by you, but you grant us a worldwide, assignable, sublicensable, royalty-free licence to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms.If you terminate your account or remove any of your User Content from the Service after it has been Posted, then your licence grant with respect to your User Content is perpetual and irrevocable.You further grant us and our affiliates and business partners an unrestricted, worldwide, royalty-free licence and right to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.You must not post any User Content on or through the Service or transmit to us any User Content that you consider to be confidential or proprietary.Any User Content posted by you to or through the Service or otherwise transmitted to us will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company.For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce your User Content on a royalty-free basis.This means that you are granting the Company the right to Use your User Content without the obligation to pay royalties to you or any third party involved in the creation of your User Content.
- The Service may also contain advertisements. In consideration for us letting you access and use the Service, you agree that we, Wibty America, Inc., our affiliates, and our third-party partners may place advertising on the Service, including personalised advertising based upon the information you provide us or we collect or obtain about you. Because the Service contain content that you and other Users provide us, advertising may sometimes appear near, between, over, or in your User Content.
- User Content Restrictions. By Posting User Content to the Service, you must abide by the following restrictions: (i) you must own the User Content Posted by you on or through the Service or otherwise have the right to grant the licence set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the Posting of your User Content on the Service must not require us to obtain any further licences from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service must not result in a breach of contract between you and a third party, nor will it be in violation of any applicable law or regulation.
- No Rights to Inspect or Review User Content. If you Post User Content to or through the Service, you will have no rights to prior inspection or approval of any marketing or promotional materials we may create which may include or relate to such User Content.
- User Comments. If you submit or Post your User Content on or through the Service, such content may be distributed, viewed and accessed and commented by other Users and we will not be held liable for any unauthorised use of User Content or comment thereon by any User, under any circumstance.
- Prohibited Content. You are prohibited from Posting, any User Content to the Service considered to be “Prohibited Content” as determined solely by us, which includes, without limitation:
- Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and
- Violence and Bullying (i.e. User Content may not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
- Hate Speech (i.e. User Content may not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
- Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted); and
- Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User); and
- IP Infringement (i.e. User Content which infringes on any third party’s rights, including copyright, trademark, privacy and publicity rights).
Company Action.
- We have the right to remove and/or refuse to post, or exhibit publicly any User Content, which we determine to be Prohibited Content. We also have the right to take any action(s) we deem necessary and/or appropriate against any User who Posts Prohibited Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service and/or reporting the User to law enforcement authorities. We also have the right to access, read, preserve, and disclose any information or take any other legal action that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Users and the public. Notwithstanding the foregoing, we do not disclose personally identifying information to third parties except in accordance with our Privacy Policy (as further described below). If you Post any Prohibited Content, you are responsible for defending any third party claims which may be raised against you arising from your Posting of such Prohibited Content.
Privacy
Our Privacy Policy details how we handle your information when you use the Service and can be found at wibty.com/privacypolicy. Please read our Privacy Policy carefully because, by accepting it, you agree that your information may be collected and processed by Wibty Video, Inc. and transferred outside of the country in which you reside, including to countries that may not have the same data-protection laws as your country.
Copyright Infringement
We respect copyright law, and we expect that our community of Users will do the same. We therefore take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. Furthermore, if we become aware that a User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that User’s account.
If you believe that anything on the Service infringes a copyright that you own or control, you can report the suspected infringement by filing a notice with our designated Copyright Agent at:
If you file a notice with our Copyright Agent, it must:
i) Contain a physical or electronic signature of a person authorised to act on behalf of the owner;
ii) Identify the copyrighted work claimed to have been infringed;
iii) Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
iv) Provide your contact information including your address, telephone number, and if available, an email address;
v) Provide a personal statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
vi) Provide a statement, made under penalty of perjury, that the above information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
General Use of the Service
Our Service is constantly evolving and improving, which means that we may add or remove features, products, or functionalities, and we may also permanently or temporarily suspend or stop providing the Service or any features within the Service altogether, at any time. While we will try to notify you before we take any of these actions, this won’t always be possible.
By using the Service, you agree that:
i) you will not distribute in any medium any part of the Service or the Company Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Service; and
ii) you will not alter or modify any part of the Service; and
iii) you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access; and
iv) you will not use the Service for any of the following commercial uses unless you obtain our prior written approval: (a) the sale of or access to the Service; or (b) the sale of advertising, sponsorships, or promotions placed on or within the Service, User Content, or Company Content.
