WISTLA TERMS OF USE

These Terms of Use are effective on 6 December 2016.

By accessing or using the Wistla website, the Wistla service, or any applications (including mobile applications) made available by Wistla (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use").

The Service is owned or controlled by Wistla Limited ("Wistla"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please do not access or use the Service.

Our Basic Terms

  • You must be at least 16 years old to use the Service.
  • You may not upload unlawful, violent, discriminatory, infringing, hateful, nude, partially nude, pornographic or sexually inappropriate photos or other content via the Service.
  • You are accountable for any activity that occurs through your Wistla account and you agree you will not sell, transfer, license or assign your account, joiners (other users), username, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, Wistla prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all info you provide or provided to Wistla upon sign-up and at all other times will be accurate, up-to-date and complete and you agree to update your information as necessary to keep your account in good order.
  • It is your responsibility to keep your password secret and secure.
  • You must be respectful of other Wistla users and not stalk, bully, abuse, harass, threaten, intimidate people and/or entities via this Service. You must not upload private or confidential info via the Service, including your or any other person’s personal data.
  • You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  • You are wholly accountable for your behaviour and any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other content or materials (collectively, "Content") that you submit, upload or shown on or via the Service.
  • You must not create, upload or send unwanted email, comments, buzz or other forms of commercial or harassing communications (e.g. ”spam”) to any Wistla users.
  • You must not interfere or disrupt the Service or servers or networks connected to the Service, in any way.
  • You must comply with Wistla’s Community Guidelines, available here: GUIDELINES
  • You must not create accounts with the Service through unauthorised means.
  • Breach of these Terms of Use may, in Wistla’s discretion, result in the stoppage of your Wistla account.
  • You understand and agree that Wistla cannot and will not be accountable for the Content uploaded on the Service and you use the Service at your own risk. If you break the actual or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Wistla, we may stop providing all or part of the Service to you.
  • You understand and agree that you are responsible for all data charges that you incur through use of the Service.

Our General Conditions

Wistla has the right to change, amend or stop the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Wistla account by notifying us via the Service, or emailing us at hello@wistla.com.

We reserve the right to change these Terms of Use ("Updated Terms") from time to time. Unless we update these legal or administrative reasons, we will always try to give you advance notice ahead of effecting the Updated Terms. You agree that we may notify you of the Updated Terms via the Service and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of uploading, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

e also reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force you to give up your username for any reason.

We may take down, edit, block, and/or monitor Content or user accounts containing Content that we believe run contrary to our Terms of Use.

Users are wholly accountable for their interactions with other users of the Service, whether online or offline. You understand and agree that Wistla is neither responsible nor liable for the conduct of any user. Wistla may choose, but has no obligation, to monitor or become involved in disputes between users.

There may be links from the Service, or from comms you receive from the Service, to third-party websites. Our Service also contains third-party content that we do not control.

Functionality on the Service may also permit interactions between the Service and a third-party website or feature. Our Service may include a feature that enables users to share Content from the Service or your Content with a third party, which may be publicly uploaded on that third party's service or application. Users who make use of this functionality are often required to login to their account on the third-party service, at their own risk. Wistla does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Wistla is in no way responsible or liable for any such third-party services or features.

Users may choose, at their discretion and risk, to use applications that connect the Service or their profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you understand and agree to the following: (i) if you use an Application to share info, you are consenting to info about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Wistla has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Wistla Parties (defined below) harmless for activity related to the Application.

Your General Rights

Wistla does not claim ownership of any Content that you upload on or through the Service. Instead, you hereby grant to Wistla a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide licence to use the Content that you upload to or through the Service. Please see our Privacy Policy for further details.

The Service may be supported by advertising revenue and therefore may display advertisements and promotions, and you hereby agree that Wistla may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. Advertising and promotional methods may be subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the Content uploaded by you on or through the Service or otherwise have the right to grant the rights and licences set forth in these Terms of Use; (ii) the uploading and use of your Content on or through the Service does not breach, infringe or misappropriate the rights of any third party, including, privacy rights, publicity rights, copyrights, trade mark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you upload on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

The Service contains content owned or licensed by Wistla ("Wistla Content"). Wistla Content is protected by copyright, trade mark, patent, trade secret and other laws and Wistla owns and retains all rights in the Wistla Content and the Service.

The Wistla name and logo are trade marks of Wistla, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wistla, except in accordance with our brand guidelines.

Although it is Wistla’s aim that the Service will be available as much as possible, there will be times when the Service may be interrupted, including, for scheduled maintenance or upgrades. Also, Wistla reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Wistla, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

You agree that Wistla is not responsible for Content uploaded within the Service. Wistla is under no obligation to pre-approve, monitor, edit, or delete any Content. But understand that if Content breaches these Terms of Use, you may bear legal responsibility for it.

Alerting us to Copyright & IP Infringements

We ask our users to respect the rights of others.

We provide you with the ability to help you protect your intellectual property rights. Just contact hello@wistla.com for further details.

If you infringe other people's intellectual property rights, we will deactivate your account if we feel it is appropriate to do so.

Disclaimer of Warranties

Wistla neither represents nor warrants that the service will be defect-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful content, such as viruses.

By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

Wistla does not endorse content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Limitation of Liability

You agree that Wistla will in no way be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Wistla Content; (c) user Content; (d) your use of, inability to use, or the performance of the Service; or (e) any damage to any user's computer, mobile device, or other equipment or tech.

Wistla is in no way responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Wistla's request), indemnify and hold Wistla harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.

You will cooperate as fully required by Wistla in the defence of any claim.

Governing Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to the Services, although Wistla retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Entire Agreement

If you use the Service on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Wistla and governs your use of the Service. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without the prior written consent of Wistla. Any purported assignment or delegation by you without the appropriate prior written consent of Wistla will be null and void. Wistla may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Wistla provides.

These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Thanks for visiting our Site. If you have any questions or comments about these General Terms of Use please contact: legal@wistla.com

General Terms of Use updated: