Effective Date: 19 October 2020
Thank You for using Wiseplay! The Wiseplay App (the “App”) and wiseplay.tv (the “Website”) (together, “Wiseplay”) are owned and operated by 3U Digital Business Ltd (“We,” “Us,” or “Our”). We are registered in England and Wales with company number 12348435 and registered office at 71-75 Shelton Street, WC2H 9JQ, London, UK.
PLEASE READ THE TERMS CAREFULLY because they affect Your rights and liabilities under the law. By using Wiseplay, You confirm that You have read and agreed to be bound by the Terms. If You do not agree with the Terms, You may not use or access Wiseplay. We recommend that You print a copy of these Terms for future reference.
“Content” is any information displayed in Wiseplay including without limitation files, links, text, data, code, images, photographs, graphics, software, designs and any other materials.
“Party” refers to either You, or Us, or any other party to the Terms. “Parties” refers to both You and Us.
“You” and “Your” refer to the visitor, user, client, customer or person using or accessing Wiseplay and thus accepting The Terms.
“Multimedia Content” is any file in m3u, w3u, or other formats that gather and/or open to different audio, video and streaming playlists and links, which You may be provide or input in Wiseplay.
Wiseplay is merely a tool for You to play or stream certain Multimedia Content. Multimedia Content are made available by third-party sites or from external servers, with whom We do NOT have any affiliation, relation, authority, control or collaboration.
We do NOT create, host, include, distribute, or own any Multimedia Content on the App, nor do We scan any Multimedia Content for viruses, adware, spyware or other type of malware. We cannot and do not undertake to screen, review, edit, censor or otherwise filter or control Multimedia Content or the behaviour of users of Multimedia Content on Wiseplay.
We do not take responsibility no warranty or promise for any Multimedia Content made available by third-party sites or from external servers. We do not guarantee that any user may be able to access or playback of any Multimedia Content, Wiseplay being simply a tool to play videos in different formats. We do NOT own, transfer title to, or endorse any Multimedia Content streamed or used in Wiseplay by You or any other user.
However, We may, but shall not be obliged to, review, either by manual or automated means, all Multimedia Content on Wiseplay.
INTELLECTUAL PROPERTY OVER MULTIMEDIA CONTENT
Multimedia Content, including its selection and arrangement, is owned by their respective owners and providers and maybe protected by copyright and other laws. Thus, all Multimedia Content are intellectual property and responsibility of their respective owners. We do not support the use of any Multimedia Content that open or link to protected material without authorization of their legitimate authors.
You acknowledge and agree that You are responsible for ensuring that the Multimedia Content that You provide or input in Wiseplay does NOT open or link to protected material without authorization of their legitimate authors.
You agree not use any Multimedia Content (or any other content made available through Wiseplay) in any manner that infringes any trade mark, copyright or other proprietary rights. Any unauthorised use or copying of Multimedia Content which breaches these Terms (or their spirit) may violate trade mark, intellectual property and other proprietary rights may have civil and criminal consequences.
“Your Content” is information or other content, which You may provide or input in Wiseplay, including (without limitation) any Multimedia Content, pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, feedback, reviews, messages, e-mail and other communications, files, texts, opinions, and other information.
Excepting the Multimedia Content as referred in clauses 2 and 3, Your Content in clause 4, and content made available by third-parties, all elements that We feature or display on Wiseplay, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Property”) are owned by Us, Our licensors, vendors, agents and/or Our content providers.
All elements on Wiseplay, including without limitation the general design and Our Property, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Wiseplay, Our Property and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from Our Property. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on Our Property.
All of Our trademarks, service marks and trade names used herein (including but not limited to: the “Wiseplay” name, Wiseplay corporate logo, Wiseplay design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on Wiseplay, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights on Wiseplay. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Terms obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.
The only payment option included in Wiseplay is for the removal of in-App advertisements. If You intend and agree to make such payment, the platform where the App is distributed (the “Platform”) will collect and manage the payments.
Where the Platform contains rules, guidelines, codes of conduct, further terms or other directions, You agree also to comply with such rules, guidelines, codes of conduct, terms and directions.
- If the Platform is Google, You agree to abide by Google Play’s Terms of Service and other applicable policies.
- If the Platform is Huawei, You agree to abide by Huawei’s App Gallery User Agreement and other applicable policies.
You acknowledge that We neither collect nor manage the payment. We shall not be liable for any matter in connection with the processing of the payment. For any payment questions and concerns, You will contact the Platform.
USE OF WISEPLAY
We encourage a free and open exchange of information in a climate of mutual respect. You must use Wiseplay for lawful purposes only. We reserve the right, but do not assume any obligation, to monitor Your online conduct to enforce the Terms.
Your use and access of Wiseplay does not include any right of resale or commercial use of Wiseplay or its Content; any derivative use of Wiseplay or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Wiseplay and/or any portion of Wiseplay may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
You may not do (or attempt to do) any of the following:
- Disrupt or attempt to disrupt Our servers in any way that could cause harm to Wiseplay.
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of Wiseplay, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
- Harass, abuse, threaten or incite violence towards any individual or group.
- Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or Wiseplay.
- Interfere with any other person’s use of or the proper functioning of Wiseplay.
- Misrepresent Your identity or impersonate any person.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us or Wiseplay in connection with Wiseplay.
- Provide any information that is false, misleading or inaccurate.
- Use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent.
- Use any portion of Wiseplay for any unlawful or fraudulent purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use Wiseplay for streaming, transmitting or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Use any portion of Wiseplay for streaming, transmitting or otherwise making available any Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable.
- Use any portion of Wiseplay for streaming or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
HYPERTEXT LINKING TO AND FROM WISEPLAY
You must seek and obtain Our written consent before creating any link to Wiseplay. Deep linking is strictly prohibited. All authorised links to Wiseplay must be to the home page of the Website, must make it clear that Wiseplay and Our Property are distinct from the site containing the link and must make it clear that Wiseplay is owned and/or operated by or on Our behalf. You obtain no rights other than the right to link to Wiseplay. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
Running or displaying Wiseplay or any information or material displayed on Wiseplay in frames or through similar means on another site without Our prior written permission is prohibited.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libellous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
We may provide, or third parties (with consent as above) may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links in Wiseplay is for convenience only and does not imply Our endorsement of the other site or any association with the operators of that site. We encourage discretion when browsing external sites and resources. Some sites may contain or link users to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to You, collect data and/or solicit personal information.
Your visiting of any external websites via links from Wiseplay is entirely at Your own risk.
We have not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via or which link to Wiseplay. We shall not be responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. We shall not be responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources. We shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. We shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.
Without limiting the above, We do not make any representations or warranties as to the security of any information You might be requested to give any third party through linked websites and You waive any claim against Us with respect to such matters.
We warrant that We will provide Wiseplay with reasonable care and skill and substantially as described in these Terms. We do not make any other warranties about Wiseplay or Our Property.
- We give no warranty that Our Property is appropriate, available or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software or content or as to Your ability through Wiseplay to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access Wiseplay are responsible for compliance with all applicable law and regulations.
- Although We have attempted to verify the accuracy, reliability and currency of Our Property (not Your Content or Multimedia Content), We give no warranty as to the accuracy of any statements in Wiseplay.
- We give no warranty that Wiseplay will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that Wiseplay or the server that makes it available are free from viruses or other harmful components. We assume no responsibility, and are not liable for, any damage to (or loss of data from), or viruses that may infect, Your computer equipment or other property on account of Your access to, or use of Wiseplay including downloading any images, software or other Our Property. If use of Wiseplay results in the need for servicing, repair or correction in equipment or data, You assume all costs in that regard.
We are not liable to You (or any other parties) for:
- any loss of income, business or profits, or loss or corruption of or damage to data:
- any loss or damage which was not caused by Our breach of these Terms or Our breach of its legal duty of care;
- any loss or damage which was not a reasonably foreseeable result of either Our breach of these Terms or Our breach of its legal duty of care. Loss or damage is “reasonably foreseeable“ if prior to You accessing Wiseplay, either (i) such loss or damage was contemplated by Us and You, or (ii) You notified Us that the loss or damage may occur if We breached these Terms or its legal duty of care;
- any loss or damage which occurs due to unauthorised access of Wiseplay by a third party as a result of a breach by You of these Terms.
Nothing in these Terms shall exclude or limit Our liability for (i) fraud; (ii) death or personal injury caused by Our negligence; or (iii) liability which may not be excluded or limited under any applicable law.
We are under no obligation to become involved in any dispute that You have with other users or in any incident that You are party to with other users, or that are affected by or otherwise related to Wiseplay.
We disclaim all liability relating to Your Content or any Multimedia Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in Your Content or any Multimedia Content, whether or not arising under the laws of copyright, libel, privacy or otherwise Your Content or any Multimedia Content.
We disclaim all liability for unauthorised use (by other users) of Your Content or any Multimedia Content, and disclaim (without limitation) all liability for use of Your Content or any Multimedia Content which breaches any copyright, trade mark rights or other intellectual property rights of any other user or person.
You are solely responsible for any damage resulting from use or submission of Your Content or any Multimedia Content (including disputes and incidents described in the preceding clauses) and related transactions or occurrences.
The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or otherwise.
COMPENSATION FOR BREACH
You shall compensate Us and Our officers, agents, employees and service providers and hold Us harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of Us as a result of any claim by a third party resulting from a breach or non-observance by You of any prohibition, or restriction on Your activities in relation to Wiseplay contained in these Terms, or of any undertaking, representation or warranty of You contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Us under these Terms.
Without limitation to the generality of the above, You agree to compensate Us and Our officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:
- Any of Your Content that is prohibited or if You use Wiseplay when prohibited or restricted;
- Any loss, deletion, removal, corruption or publication of Your Content.
In the event that You have a dispute with one or more other visitors, users, customers, or clients of Wiseplay, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We reserve the right to send You electronic communications for the purpose of informing You of changes or additions to Wiseplay or the Terms.
DISPUTE RESOLUTION AND ARBITRATION
You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to the Terms, Wiseplay, or any other aspect of Our relationship (“Subject Legal Claim”).
To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 30 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.
In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 30 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at [email protected]. If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account.
If We do not reach an agreed upon solution after Our discussions for at least 30 days, You and We agree that any Subject Legal Claim must be resolved through binding individual arbitration in London in accordance with London Court of International Arbitration Rules.
There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
You and We also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.
It is important that You understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce the Terms, the prevailing party will be entitled to costs and attorneys’ fees.
We may make improvements and/or changes in Wiseplay at any time with or without notice. If the need arises, We may suspend access to Wiseplay, or close it indefinitely.
Any Content on Wiseplay may be out of date at any given time, and We are under no obligation to update such Content.
The Terms is subject to Our revision and changes from time to time. Your continued use of Wiseplay after the revision and changes will mean that You agree, without qualification, to the revised Terms. Material revisions to the Terms will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of Wiseplay. It is Your responsibility to remain apprised of any revisions to The Terms and to remain in compliance therewith.
Should You object to any such revisions to the Terms or become dissatisfied with Wiseplay in any way, Your only recourse is to immediately terminate Your use of Wiseplay. Otherwise, continuing to visit, access or use Wiseplay after the effective date means that You agree to be bound by any and all revisions.
We may terminate the Terms and/or block Your access to Wiseplay:
- for any or no reason during any free use of Wiseplay;
- if You breach any of the Terms, and that breach is not remediable;
- if You breach any of the Terms and that breach is not remedied within 7 days of Your receiving written notice of the breach; or
- We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.
You may terminate Your use of Wiseplay at any time.
CONSEQUENCES OF TERMINATION OR EXPIRATION
Upon the effective date of termination or expiration of the Terms:
- You will immediately cease use of and/or access to Wiseplay.
- We will suspend or terminate Your access to Wiseplay.
- We will suspend or terminate access to any or all of the data to the extent permitted by law.
The termination or expiry of The Terms shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
MINIMUM AGE REQUIREMENTS
Wiseplay is not directed to children. Access to and use of Wiseplay is only for those who are at least at the age of 18 years or otherwise capable of entering into and performing legal Terms. If You are Younger than this, You may not use Wiseplay.
You warrant and represent that You are at least at the age of 18 years or otherwise capable of entering into and performing legal agreements.
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Jurisdiction and Choice of Law. Any claim relating to, and the use of the Terms and the materials contained herein is governed by the laws of England and Wales. You consent to the exclusive jurisdiction of the courts located in London, England.
Entire Terms. The Terms and the other agreements stipulated to be incorporated herein are the entire agreements between You and Us and supersede any prior understandings or contracts (written or oral).
Counterparts. A printed version of the Terms will be admissible in judicial and administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that the Terms and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign the Terms without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses 2 (MULTIMEDIA CONTENT), 3 (INTELLECTUAL PROPERTY OVER MULTIMEDIA CONTENT), 4 (Your Content), 5 (Our Property), 6 (Trademarks/No Endorsement), 7 (Advertising Rights), 12 (No Warranties), 13 (No Liability), 14 (Compensation for Breach), 15 (Release), 16 (Communications), 17 (Dispute Resolution and Arbitration), and 20 (Consequences of Termination or Expiration) shall survive any termination or expiration of the Terms.
All Wiseplay design, graphics, text selections, arrangements, and all software are Copyright © 2020 of 3U Digital Business Ltd or its licensors. ALL RIGHTS RESERVED.
If have any questions or comments, please contact Us through 3U Digital Business Ltd., 71-75 Shelton Street, WC2H 9JQ, London, UK, [email protected].