1. Who May Use the Services
You may use the Services only if you agree
to form a binding contract with WECAST and are not a person barred from
receiving services under the laws of the applicable jurisdiction. In any case,
you must be at least 13 years old to use the Services. If you are accepting
these Terms and using the Services on behalf of a company, organization,
government, or other legal entity, you represent and warrant that you are
authorized to do so and have the authority to bind such entity to these Terms,
in which case the words “you” and “your” as used in these Terms shall refer to
such entity.
2. Private Privacy
Our Privacy Policy describes how we handle
the information you provide to us when you use our Services. You understand
that through your use of the Services you consent to the collection and use (as
set forth in the Privacy Policy) of this information, including the transfer of
this information to the United States, Ireland, and/or other countries for
storage, processing and use by WECAST and its affiliates.
3. Content on the Services
You are responsible for your use of the
Services and for any Content you provide, including compliance with applicable
laws, rules, and regulations. You should only provide Content that you are comfortable
sharing with others.
Any use or reliance on any Content or
materials posted via the Services or obtained by you through the Services is at
your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or communications
posted via the Services or endorse any opinions expressed via the Services. You
understand that by using the Services, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content. We may not
monitor or control the Content posted via the Services and, we cannot take
responsibility for such Content. We reserve the right to remove Content that
violates the User Agreement, including for example, copyright or trademark
violations, impersonation, unlawful conduct, or harassment.
Your Rights and Grant of Rights in
the Content
You retain your rights to any Content you
submit, post or display on or through the Services. What’s yours is yours — you
own your Content (and your incorporated audio, attachment, text) By submitting,
posting or displaying Content on or through the Services, you grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use,
copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods (now known
or later developed). This license authorizes us to make your Content available
to the rest of the world and to let others do the same. You agree that this
license includes the right for WECAST to provide, promote, and improve the
Services and to make Content submitted to or through the Services available to
other companies, organizations or individuals for the syndication, broadcast,
distribution, promotion or publication of such Content on other media and
services, subject to our terms and conditions for such Content use. Such additional
uses by WECAST, or other companies, organizations or individuals, may be made
with no compensation paid to you with respect to the Content that you submit,
post, transmit or otherwise make available through the Services. You understand
that we may modify or adapt your Content as it is distributed, syndicated,
published, or broadcast by us and our partners and/or make changes to your
Content in order to adapt the Content to different media. You represent and
warrant that you have, or have obtained, all rights, licenses, consents,
permissions, power and/or authority necessary to grant the rights granted
herein for any Content that you submit, post or display on or through the
Services. You agree that such Content will not contain material subject to copyright
or other proprietary rights, unless you have necessary permission or are
otherwise legally entitled to post the material and to grant WECAST the license
described above.
4. Using the Services
Our Services evolve constantly. As such,
the Services may change from time to time, at our discretion. We may stop
(permanently or temporarily) providing the Services or any features within the
Services to you or to users generally. We also retain the right to create
limits on use and storage at our sole discretion at any time. We may also
remove or refuse to distribute any Content on the Services, suspend or
terminate users, and reclaim usernames without liability to you.
In consideration for WECAST granting you
access to and use of the Services, you agree that WECAST and its third-party
providers and partners may place advertising on the Services or in connection
with the display of Content or information from the Services whether submitted
by you or others. You also agree not to misuse our Services, for example, by
interfering with them or accessing them using a method other than the interface
and the instructions that we provide. You may not do any of the following while
accessing or using the Services: (i) access, tamper with, or use non-public
areas of the Services, WECAST’s computer systems, or the technical delivery
systems of WECAST’s providers; (ii) probe, scan, or test the vulnerability of
any system or network or breach or circumvent any security or authentication
measures; (iii) access or search or attempt to access or search the Services by
any means (automated or otherwise) other than through our currently available,
published interfaces that are provided by WECAST (and only pursuant to the
applicable terms and conditions), unless you have been specifically allowed to
do so in a separate agreement with WECAST (NOTE: crawling the Services is
permissible if done in accordance with the provisions of the robots.txt file,
however, scraping the Services without the prior consent of WECAST is expressly
prohibited); (iv) forge any TCP/IP packet header or any part of the header
information in any email or posting, or in any way use the Services to send
altered, deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (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 WECAST, its
users and the public. WECAST does not disclose personally-identifying
information to third parties except in accordance with our Privacy Policy.
If you use developer features of the
Services you must use the interfaces and instructions we provide. If you want
to reproduce, modify, create derivative works, distribute, sell, transfer,
publicly display, publicly perform, transmit, or otherwise use the Services or
Content on the Services, you must use the interfaces and instructions we
provide.
You cannot use WECAST as commercial advertising features unless you have permission from
WECAST and your account and/or your voice apps and/or your posts can be
modified or deleted without further notice.
Your Account
You may need to create an account to use
some of our Services. You are responsible for safeguarding your account, so use
a strong password and limit its use to this account. We cannot and will not be
liable for any loss or damage arising from your failure to comply with the
above.
You can control most communications from
the Services. We may need to provide you with certain communications, such as
service announcements and administrative messages. These communications are
considered part of the Services and your account, and you may not be able to
opt-out from receiving them. If you added your phone number to your account and
you later change or deactivate that phone number, you must update your account
information to help prevent us from communicating with anyone who acquires your
old number.
Your License to Use the Services
WECAST gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software
provided to you as part of the Services. This license has the sole purpose of
enabling you to use and enjoy the benefit of the Services as provided by
WECAST, in the manner permitted by these Terms.
The Services are protected by copyright,
trademark, and other laws of both the United States and foreign countries.
Nothing in the Terms gives you a right to use the WECAST name or any of the WECAST
trademarks, logos, domain names, and other distinctive brand features. All
right, title, and interest in and to the Services (excluding Content provided
by users) are and will remain the exclusive property of WECAST and its
licensors. Any feedback, comments, or suggestions you may provide regarding
WECAST, or the Services is entirely voluntary and we will be free to use such
feedback, comments or suggestions as we see fit and without any obligation to
you.
Ending These Terms
You may end your legal agreement with WECAST
at any time by deactivating your accounts and discontinuing your use of the
Services. We may suspend or terminate your account or cease providing you with
all or part of the Services at any time for any or no reason
We may suspend or terminate your account or
cease providing you with all or part of the Services at any time for any or no
reason, including, but not limited to, if we reasonably believe: (i) you have
violated these Terms or the WECAST Rules and Policies (ii) you create risk or
possible legal exposure for us; (iii) your account should be removed due to
prolonged inactivity; or (iv) our provision of the Services to you is no longer
commercially viable. We will make reasonable efforts to notify you by the email
address associated with your account or the next time you attempt to access
your account, depending on the circumstances. In all such cases, the Terms
shall terminate, including, without limitation, your license to use the
Services, except that the following sections shall continue to apply: II, III,
V, and VI.
5. Disclaimers and Limitations of
Liability
Your access to and use of the Services or
any Content are at your own risk. You understand and agree that the Services
are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “WECAST
Entities” refers to WECAST, its parents, affiliates, related companies,
officers, directors, employees, agents, representatives, partners, and
licensors. Without limiting the foregoing, to the maximum extent permitted
under applicable law, THE WECAST ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The WECAST Entities make no warranty
or representation and disclaim all responsibility and liability for: (i) the
completeness, accuracy, availability, timeliness, security or reliability of
the Services or any Content; (ii) any harm to your computer system, loss of
data, or other harm that results from your access to or use of the Services or
any Content; (iii) the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Services; and (iv) whether
the Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained from the WECAST Entities or through the Services, will create any
warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE WECAST ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS
OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,
GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT
OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE
WECAST ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR
THE AMOUNT YOU PAID WECAST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES
GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WECAST ENTITIES
HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. Service Fees
The use of certain WECAST Services may be
subject to payment of particular fees, as determined by WEAST in its sole
discretion (“Paid Services” and “Fee(s)”, respectively). WECAST will provide
notice of such Fees then in effect in relation to such Paid Services. If you
wish to receive or use such Paid Services, you are required to pay all
applicable Fees in advance.
WECAST reserves the right to change its
Fees at any time, upon notice to you if such change may affect your existing
subscriptions. If you received a discount or other promotional offer, WECAST
shall have the right to automatically and without notice renew your
subscription to such WECAST Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S.
Dollars, except as specifically stated otherwise in writing by Wix. To the extent
permitted by law (and unless specified otherwise by WECAST in writing), all
Fees are exclusive of all taxes (including value added tax, sales tax, goods
and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”),
and you shall be responsible for payment of all applicable Taxes relating to
your use of the WECAST Services, or to any payments or purchases made by you.
If WECAST is obligated to collect or pay Taxes for the Fees payable by you, and
whether or not such Taxes were added and collected from you for previous
transactions, such Taxes may be added to the payment of any outstanding Fees
and will be reflected in the Invoice for such transaction. We recommend that
you verify the existence of any additional fees you may be charged by third
parties in connection with the purchase of Paid Services or in connection with
the renewal thereof (such as international transaction fees, currency exchange
fees or fees due to banks or credit card companies). WECAST is not responsible
for any such additional fees or costs.
As part of registering or submitting
information to receive Paid Services, you also authorize WECAST (either
directly or through its affiliates, subsidiaries or other third parties) to
request and collect payment (or otherwise charge, refund or take any other
billing actions) from our payment provider or your designated banking account,
and to make any inquiries WECAST or its affiliates may consider necessary to
validate your designated payment account or financial information, in order to
ensure prompt payment, including for the purpose of receiving updated payment
details from your payment, credit card or banking account provider (e.g.,
updated expiry date or card number as may be provided to us by your credit card
company).
You must keep a credit card stored with
WECAST to pay for your Paid Services (“Stored Card”). You will be able to
identify your Stored Card by its last four digits as in your Account Settings
Page.
In order to ensure that you do not
experience any interruption or loss of services, certain Paid Services include
an automatic renewal option by default, according to which, unless you
turn-off the auto-renewal option, such Paid Services will automatically
renew upon the end of the applicable subscription period, for a renewal period
equal in time to the original subscription period (excluding extended periods)
and, unless otherwise notified to you, at the same price (subject to applicable
Taxes changes and excluding any discount or other promotional offer provided
for the first period) (“Renewing Paid Services”). For example, if the original
subscription period for a Service is one month, each of its renewal periods
(where applicable) will be for one month. Accordingly, where applicable, WECAST
will attempt to automatically charge you the applicable Fees using the Stored
Card, within up-to two (2) weeks before such renewal period commences. In the
event of failure to collect the Fees owed by you, we may in our sole discretion
(but shall not be obligated to) retry to collect on a later time, and/or
suspend or cancel your User Account, without further notice. If your Renewing
Paid Service is subject to a yearly or multiple-year subscription period,
WECAST will endeavor to provide you a notice prior to the renewal of such Paid
Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by
purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing
Paid Service shall automatically renew in accordance with the above terms.
Certain domains are subject to a different
renewal policy as detailed in the Domains Registration Agreement.
Notwithstanding anything to the contrary in the foregoing, you are and shall be
solely responsible to verify and ensure the successful renewal of the WECAST
Services you use (whether or not such WECAST Services are subject to automatic
subscription renewals). Accordingly, you shall be solely responsible with
respect to any discontinuation of any WECAST Services previously purchased by
you, including due to a cancellation, failure to charge the applicable
recurring Fees, or due to any WECAST Services not being subject to automatic
subscription renewals. You acknowledge and agree that you shall not have any
claims against WECAST in relation to the discontinuation of any WECAST Services
or Third Party Services, for whatever reason.
If you are not satisfied with WECAST
Services that are subject to a Fee for a period of service or subscription
commitment and which is your initial purchase of such service, you may provide
notice of cancellation for any reason within fourteen (14) days of having first
ordered or activated such WECAST Services (the “Refund” and “Refund Period”).
The Refund is applicable only to the initial purchase of WECAST services which
is an upgrading of a free membership by purchasing a Standard or Premium Plan
(as offered on the WECAST Website). The Refund is not applicable to any
additional purchases, upgrades, modification or renewals of WECAST Services. If
you reside in a jurisdiction which requires a longer Refund Period, we will of
course be happy to accommodate such requirements in accordance with all
applicable laws. If WECAST receives such notice within such Refund Period, WECAST
will refund to you the amount WECAST charged you for such WECAST Services, in
currency you were originally charged in, and cancel them accordingly. Please
note that the Refund amount may be different than the amount you were charged
due to currency changes and third party fees. WECAST will not be responsible
for any differences caused by change of currency exchange rates or fees you
were charged by third parties. After the Refund Period, the Fees paid by you
are non-refundable and non-cancellable. In addition, if we find that a notice
of cancellation has been given in bad faith or in an illegitimate attempt to
avoid payment for services actually received and enjoyed, we reserve our right
to still charge the User who provided such notice for any WECAST Services
actually received, as permitted by law.
Please note: Certain services purchased on
or through the WECAST Services may be non-refundable. The terms of each
purchased service or application are indicated on the WECAST Website and/or as
part of or during the process of purchasing such services or applications. WECAST
treats My Credit as service credit issued and only usable from WECAST with no
monetary value. When you pay your fees with your credit your actual payment
will always be deducted before your use of credit. Your credit cannot be taken
out from our service unless the credit contains real money value you purchased
from. For example, if you requested your refund of your payment as WECAST
credit, we will realize that refunded credit has real money value and we will
refund you back the credit you have left from what you paid. Note that the paid
credit will be used before your credit you receive not an exchange of your
payment. It is your obligation to verify your ability to cancel a service prior
to purchasing it. WECAST will not refund any amounts paid for non-refundable
Paid Services, applications or Third Party Services.
If, at any time, we record a decline,
chargeback or other rejection of a charge of any payable Fees on your WECAST
account (“Chargeback”), this will be considered as a breach of your payment
obligations hereunder, and your use of the WECAST Services may be automatically
disabled or terminated.
In the event a Chargeback is performed,
your User Account may be blocked without the option to re-purchase or re-use
it, and any data contained in such User Account, data and Third Party Services
may be subject to cancellation and Capacity Loss.
Your use of the WECAST Services will not
resume until you re-subscribe for any such WECAST Services, and pay any
applicable Fees in full, including any fees and expenses incurred by WECAST
and/or any Third Party Services for each Chargeback received (including Fees
for WECAST Services provided prior to the Chargeback, handling and processing
charges and fees incurred by the payment processor).
If you have any questions or concerns
regarding a payment made to WECAST, we encourage you to first contact our
Customer Support team before filing a Chargeback or reversal of payment, in
order to prevent the WECAST Services from being cancelled and your User Account
being blocked, and to avoid the filing of an unwarranted or erroneous
Chargeback, which may result in your being liable for its applicable Fees, in
addition to re-payment of all the Fees applicable to the WECAST Services
purchased (and charged-back) by you.
We reserve our right to dispute any
Chargeback received, including by providing the relevant credit card company or
financial institution with any information and documentation proving that the
User responsible for such Chargeback did in fact authorize the transaction and
make use of the services rendered thereafter.
7. General
We may revise these Terms from time to
time. The changes will not be retroactive, and the most current version of the
Terms, which will always be at WECAST.AI, will govern our relationship with
you. We will try to notify you of material revisions, for example via a service
notification or an email to the email associated with your account. By
continuing to access or use the Services after those revisions become
effective, you agree to be bound by the revised Terms.
The laws of the South Korea, excluding its
choice of law provisions, will govern these Terms and any dispute that arises
between you and WECAST. All disputes related to these Terms or the Services
will be brought solely in the federal courts located in Seoul, South Korea, and
you consent to personal jurisdiction and waive any objection as to inconvenient
forum.
In the event that any provision of these
Terms is held to be invalid or unenforceable, then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect. WECAST’s
failure to enforce any right or provision of these Terms will not be deemed a
waiver of such right or provision.
These Terms are an agreement between you
and NextNest, Inc., 28 Myeondal-ro, Seocho-gu, Seoul, South Korea. If you have
any questions about these Terms, please contact us.
Effective: NOV 25, 2019