Weevu Terms of Service

12. Intellectual Property Rights Protection

12.1 Respect of Third-Party Rights.

Weevu respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

12.2 DMCA Notification.

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

Weevu Inc.
Attn: Legal Department (IP Notification)
117 NE 1st Ave Suite 600 Miami, FL 33132
Email: ip-infringement@weevu.com

12.3 Procedure for Reporting Claimed Infringement.

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

·       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

·       a description of the copyrighted work or other intellectual property right that you claim has been infringed.

·       a description of the material that you claim is infringing and where it is located on the Service.

·       your address, telephone number, and email address.

·       a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

·       a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by Weevu with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Weevu making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

12.4 Repeat Infringers.

Weevu’s policy is to:

(a) remove or disable access to material that Weevu believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and

(b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Weevu will terminate the accounts of users that are determined by Weevu to be repeat infringers. Weevu reserves the right, however, to suspend or terminate accounts of users in our sole discretion at any time and without any liability to you except as limited by law.

12.5 Counter Notification.

If you receive a notification from Weevu that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Weevu with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Weevu’s Designated Agent through one of the methods identified in Section 12.2 (DMCA Notification), and include substantially the following information:

·       your physical or electronic signature.

·       identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

·       a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

·       your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Weevu may be found, and that you will accept service of process from the person who provided notification under Section 12.2 (DMCA Notification) above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

12.6 Reposting of Content Subject to a Counter Notification.

If you submit a Counter Notification to Weevu in response to a Notification of Claimed Infringement, then Weevu will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Weevu will replace the removed User Content or cease disabling access to it in 10 business days, and Weevu will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Weevu’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Weevu’s system or network.

12.7 False Notifications of Claimed Infringement or Counter Notifications.

The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)]

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Weevu] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Weevu reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

12.8 Modification of Terms.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12.8 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

13. Term, Termination, and Modification of the Service

13.1 Term.

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).

13.2 Termination.

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Weevu may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at support@weevu.com.

13.3 Effect of Termination.

Upon termination of these Terms:

(a) your license rights will terminate and you must immediately cease all use of the Service;

(b) you will no longer be authorized to access your account or the Service;

(c) you must pay Weevu any unpaid amount that was due prior to termination; and

(d) all payment obligations accrued prior to termination and Sections [6.3 (Feedback), 6.4 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 13.5 (Indemnity), 13.6 (Disclaimers; No Warranties by Weevu), 13.7 (Limitation of Liability), 14 (Dispute Resolution and Arbitration), and 15 (Miscellaneous)] will survive.

You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service and we will have no obligation to provide you with copies of any User Content you may have Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

13.4 Modification of the Service.

Weevu reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Weevu will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

13.5 Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Weevu, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Weevu Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:

(1) your unauthorized use of, or misuse of, the Service;

(2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

(3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

(4) any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13.6 Disclaimers; No Warranties by Weevu

The service and all materials and content available through the service are provided “as is” and on an “as available” basis. Weevu disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including:

(a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and

(b) any warranty arising out of course of dealing, usage, or trade.

Weevu does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Weevu does not warrant that any of those issues will be corrected.

The service acts solely as a facilitator and does not direct, control, or supervise the activities of its users. Users must carefully evaluate the risks associated with any session before streaming or viewing. By choosing to stream or view a session, you acknowledge and agree that you are participating voluntarily, understanding that there is a possibility of encountering physical, social, or other risks. Participation in sessions may expose your location or other circumstances to others. You are solely responsible for such risks.

No advice or information, whether oral or written, obtained by you from the service or Weevu entities or any materials or content available through the service will create any warranty regarding any of the Weevu entities or the service that is not expressly stated in these terms. We are not responsible for any damage that may result from the service and your dealing with any other service user.

You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.

All content, information, and interactions facilitated through the service are provided for entertainment and general informational purposes only. None of the content or interactions facilitated through the service are intended to provide any kind of medical, financial, legal, or other professional advice.

Your use of the service, including any communication or exchange of information, does not create and shall not be deemed to create any attorney-client relationship, doctor-patient relationship, accountant-client relationship, financial advisor-client relationship, or any other fiduciary or professional relationship between you and Weevu. You should consult with a qualified professional for advice tailored to your specific circumstances. Call 911 if you are in an emergency and need immediate attention.

The limitations, exclusions and disclaimers in this section 13.6 (disclaimers; no warranties by Weevu) apply to the fullest extent permitted by law. Weevu does not disclaim any warranty or other right that Weevu is prohibited from disclaiming under applicable law.

13.7 Limitation of Liability

To the fullest extent permitted by law, in no event will the Weevu entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Weevu entity has been informed of the possibility of damage.

Except as provided in sections 14.5 (commencing arbitration) and 14.7 (arbitration relief) and to the fullest extent permitted by law, the aggregate liability of the Weevu entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of:

(a) the amount you have paid to Weevu for access to and use of the service in the 12 months prior to the event or circumstance giving rise to the claim and

(b) us$100.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 13.7 (limitation of liability) will apply even if any limited remedy fails of its essential purpose.

14. Dispute Resolution and Arbitration

14.1 Generally.

Except as described in Section 14.2 (Exceptions) and 14.3 (Opt-Out), you and Weevu agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEEVU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

14.2 Exceptions.

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

(a) bring an individual action in small claims court;

(b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available;

(c) seek injunctive relief in a court of law in aid of arbitration; or

(d) to file suit in a court of law to address an intellectual property infringement claim.

14.3 Opt-Out.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Weevu Inc., Attention: Legal Department – Arbitration Opt-Out, 117 NE 1st Ave Suite 600 Miami, FL 33132 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”).

Once Weevu receives your Opt-Out Notice, this Section 14 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 15.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

14.4 Arbitrator.

This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by JAMS (“JAMS”) under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling JAMS at +1-800-352-5267, or by contacting Weevu.

14.5 Commencing Arbitration.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Weevu’s address for Notice is: Weevu Inc., 117 NE 1st Ave Suite 600 Miami, FL 33132.

The Notice of Arbitration must:

(a) identify the name or account number of the party making the claim.

(b) describe the nature and basis of the claim or dispute; and

(c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Weevu may commence an arbitration proceeding.

If you commence arbitration in accordance with these Terms, Weevu will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Weevu has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

14.6 Arbitration Proceedings.

Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted:

(a) solely on the basis of documents submitted to the arbitrator.

(b) through a telephonic or video hearing; or

(c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address.

During the arbitration, the amount of any settlement offer made by you or Weevu must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

14.7 Arbitration Relief.

Except as provided in Section 14.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Weevu before an arbitrator was selected, Weevu will pay to you the higher of:

(a) the amount awarded by the arbitrator and

(b) US$10,000.

The arbitrator’s award shall be final and binding on all parties, except

(1) for judicial review expressly permitted by law or

(2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

14.8 No Class Actions.

You and weevu agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Weevu agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14.9 Modifications to this Arbitration Provision.

If Weevu makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Weevu’s address for Notice of Arbitration, in which case your account with Weevu will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

14.10 Enforceability.

If Section 14.8 (No Class Actions) or the entirety of this Section 14 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Weevu receives an Opt-Out Notice from you, then the entirety of this Section 14 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15.2 (Governing Law) will govern any action arising out of or related to these Terms.

15. Miscellaneous

15.1 General Terms.

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Weevu regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.

We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

15.2 Governing Law.

These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Weevu submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Dade County, Florida, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

15.3 Privacy Policy.

Please read the Weevu Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Weevu Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

15.4 Additional Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

15.5 Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

15.6 Contact Information.

The Service is offered by Weevu Inc., located at 117 NE 1st Ave Suite 600 Miami, FL 33132. You may contact us by sending correspondence to that address or by emailing us at support@weevu.com.

15.7 Notice to California Residents.

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

15.8 No Support.

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

15.9 International Use.

Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

16. Notice Regarding Apple.

This Section 16 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Weevu only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.

Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including:

(1) product liability claims.

(2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or

(3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that:

(a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(b) you are not listed on any U.S. Government list of prohibited or restricted parties.