Terms of services
Last Updated: June 27, 2024
Important Notice:
These Terms are subject to a binding arbitration provision and waiver of class action rights, as detailed in Section 22 below. You agree that any claim or dispute at law or equity that has arisen or may arise pursuant to these Terms or the access or use of the Services, as defined below, will be resolved in accordance with Section 22 below. Please read that section carefully. It affects your legal rights and obligations.
Introduction
Please carefully read the following provisions of this Terms of Use (“Terms”). These Terms constitute a binding legal agreement between you (“you”, “your” or “user”) and Wison (collectively, “Wison”, “we”, “our”, or “us”), governing your access and use of all features, content, and other services provided by Wison, including, without limitation, our website available from wison.xyz and all subdomains (“Website”) and applications (“App(s)”; collectively with the Website, “Services”). All references to “you” or “your” as applicable, mean the person who accesses, uses, or participates in the Services.
By registering an account, using any of our features and Services, or accessing the Services in any manner, you acknowledge and affirm that you have read, understood, accept, and agree to be bound by these Terms (including any additional guidelines and future modifications), our Privacy Policy (“Privacy Policy”), Copyright Policy (“Copyright Policy”), and Community Guidelines (“Community Guidelines”). If you are a broadcaster, you are also bound by our Broadcaster Terms (“Broadcaster Terms”). Each of these documents is incorporated herein by reference.
If you do not agree to these Terms, along with any additional policies, guidelines, or Broadcaster Terms, you may not register an account or otherwise use or access the Services.
Eligibility
The Services are intended solely for users who are at least eighteen (18) years of age or older and can form a legally binding contract under applicable law (collectively, “Age of Consent”). Any registration, use, or access to the Services by anyone under the Age of Consent is unauthorized, unlicensed, and in violation of these Terms.
By accessing or otherwise using the Services, you represent and warrant that you: (a) are a natural person over the Age of Consent, who is personally assigned to the email address and other information submitted in relation to your account; (b) agree to abide by these Terms and all applicable laws at all times; (c) have the legal authority to form a binding contract with Wison; and (d) are physically located in a jurisdiction where the use of the Services is permitted by law.
Wison reserves the right to terminate or suspend your account, delete any content or information you have submitted, and prohibit you from using the Services, with or without notice if it has any reason to believe that you are under the Age of Consent in your jurisdiction, or that the Services are prohibited in your jurisdiction.
Accessing and utilizing the Services may have limited compatibility across different devices, platforms, and operating systems. It is your sole responsibility to obtain and maintain compatible devices required to access and use our Services, as updated from time to time.
Account Registration
Please note that only one account may be registered per user, and the use of multiple accounts to access and use our Services is not permitted.
You are solely responsible for keeping your account information secure. Please do not share your account information with anyone. By accepting these Terms and registering an account, you agree to notify us immediately if you have lost control of your account information or you suspect there is unauthorized or suspicious activity in your account, as detailed in the "Contact Us" section. However, you remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (a) access your account; (b) access the Services through your account. You understand and acknowledge that your account is strictly personal and may not be transferred to any other person or account.
We reserve the right to verify your registration details, such as name, address, age, and payment methods used, at any time by requesting certain documents. These documents may include an identity card, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request that the said document copies be notarized, meaning that the documents are stamped and attested by a public notary. In the event our requests for documents are not completed by you, Wison may at its sole discretion terminate your account and withhold any funds or virtual items (including Virtual Items and Diamonds, as defined below) that are present therein.
You agree to update any provided information or data or to provide additional items as part of ongoing efforts to prevent money laundering and illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate, and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers such as age verification and identification services to verify your account.
We reserve the right at any time to investigate your account, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your account has been involved in any illegal, fraudulent, or improper activity, we reserve the right to terminate your account immediately without notice or liability.
License Grant
Subject to your continuing compliance with these Terms, Wison grants you a worldwide, conditional, limited, non-commercial (except as permitted by Wison), non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to access and use the Service.
Our Services may incorporate software components owned by or licensed by third parties, which may include open-source software. In such cases, the terms of the respective open-source license or other third-party license will govern the use of these components, regardless of the terms outlined in these Terms. It is important to note that nothing in these Terms is designed to restrict any rights under or to grant rights conflicting with the terms of any applicable open-source license or other third-party license pertaining to any such components.
Intellectual Property Rights; Ownership; Respecting Copyright
All title, ownership, and intellectual property rights in and to the Services, including but not limited to images, text, graphics, illustrations, trademarks, service marks, copyrights, photographs, audio, videos, music, logos, designs, and Digital Items (as defined below), are the property of Wison or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish, or borrow any of the aforementioned content or trademarked work without explicit permission from Wison or the respective owner. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Services.
You may choose to submit comments or feedback about the Services ("Feedback"). You understand that your Feedback is voluntary and unsolicited, and does not create any obligation on Wison. By submitting Feedback, you represent and warrant that: (a) you have the right to disclose the Feedback; (b) the Feedback does not violate the rights of any other person or entity; and (c) your Feedback does not contain the confidential or proprietary information of any third party.
By submitting Feedback, you further: (a) agree that Wison has no obligation of confidentiality regarding the Feedback; (b) acknowledge that Wison may have similar Feedback already under consideration or in development; (c) grant Wison an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (d) irrevocably waive, and cause to be waived, against Wison any claims and assertions of any moral rights contained in such Feedback. This Feedback provision survives any termination of your account or the Services.
No right or license is granted to you, express or implied, to any intellectual property rights except as expressly set forth herein. Your use of the Services does not convey or imply rights to use the Services in combination with any other information or products.
Wison respects intellectual property rights and complies with legal frameworks such as the Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive, and relevant local laws in the EU and other jurisdictions. We expect our users to respect intellectual property rights as well.
If you are a copyright owner and believe that content posted on the Services violates your copyright, please follow our copyright guidelines. These guidelines provide detailed information about our policies, what should be included in your notice, and where to submit it.
Content Obligations
Wison allows you to access and view live streams and pre-recorded audio-visual content created and broadcasted by other users ("Broadcaster Content") across public, premium, and private modes. Additionally, you can enjoy various services such as chat, forum postings, photo sharing, voice and text features, and other interactive and entertainment features (together with Broadcaster Content, "Content"). Entry to premium or private modes is at the discretion of the user and the broadcaster. Please note that opinions expressed by other users of the Services do not necessarily reflect our values or opinions.
To utilize features enabling you to upload or transmit Content through the Services or communicate with other users, you must adhere to the guidelines outlined in these Terms. We reserve the right (but not the obligation) to remove, edit, or refuse to transmit any Content for the purpose of enforcing these Terms, or for any other reason at Wison’s sole discretion.
You are solely responsible for your Content and its consequences when posting or publishing it. By sharing Content, you affirm and warrant that: (a) you are the creator or have the necessary rights to the Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your Content does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (2) defame any other person; (3) contain any viruses, adware, spyware, worms, or other harmful or malicious code.
Any Content you transmit is considered non-confidential and non-proprietary and may be used by Wison in accordance with these Terms without notice to you and without any liability. You waive any rights to prior inspection or approval of any marketing or promotional materials related to any Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights in or with respect to any Content you transmit or display through the Services.
While Wison employs reasonable security measures to protect Content from unauthorized copying and distribution, it cannot guarantee complete immunity against such actions by third parties. By uploading Content, you acknowledge and accept that Wison will not be held liable for any unauthorized copying, use, or distribution of Content by third parties. You release Wison from any claims arising from such unauthorized activities. Our security measures are provided on an "as-is" basis, with no warranties or assurances that they will withstand attempts to circumvent them.
If you share or link your Content with the Services, for example, through third-party applications connected to your Wison account, you represent and warrant that you have all rights necessary to grant Wison a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit all such Content, including any name, voice, image, and likeness contained therein, in connection with the Services and Wison’s businesses. The rights granted to Wison include the right to reproduce User Content on a royalty-free basis, without obligation to pay royalties to you or any third party involved in the creation of Content. This license survives any termination of your use of the Services.
You acknowledge and agree that Wison may collect, use, and share information related to your use of the Services as described in the Privacy Policy, including certain information from devices to which you have downloaded the Services, such as address books and unique identifiers (IMEI, Google Advertisements ID, or other) for purposes of providing and improving the Services.
Prohibited Content, Content Moderation, Complaints and Misuse
By using our Services, you acknowledge that we implement content moderation mechanisms, both automated and manual. We explicitly prohibit content falling within the following categories ("Prohibited Content"):
Illegal Activity: Content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes.
Hate Speech: Content attacking a person or group based on race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristics.
Harassment and Bullying: Content threatening violence against an individual or group, or intended to intimidate, threaten, or abuse others, including cyberbullying and doxing.
Child Sexual Abuse Content (CSAM): Any content depicting the sexual abuse of a minor.
Violent Threats: Content that threatens violence against an individual or group.
Intellectual Property Infringement: Content that violates intellectual property rights, such as unauthorized streaming of copyrighted material.
Misinformation and Disinformation: Spreading false or misleading information, particularly regarding public health or safety.
Spam and Malicious Content: Unsolicited commercial messages, phishing attempts, or malware distribution.
Promotion of Self-Harm: Content encouraging or glorifying self-harm or suicide.
To utilize and enjoy our Services, including viewing Content or uploading/transmitting Content through the Services, you must adhere to these Terms and our Community Guidelines. If you are a broadcaster, you are also required to comply with our Broadcaster Terms.
Wison may utilize automated, semi-automated tools, and human checks for Content moderation. However, we may not identify all Prohibited Content, and we do not warranty our efforts. We reserve the right to remove, refuse to share, transmit, upload, display, or publish any Content provided by you for enforcing these Terms or any other reasons deemed appropriate.
We encourage users to report any Content violating these Terms or our policies using our designated reporting tools within the Services.
Complaint Handling Procedure: If you believe Content violates our Terms, you may report it via the designated reporting tools or customer service email. We will review and take appropriate action, which may include removing the Content, issuing warnings, or suspending/banning accounts. We will notify you of our actions via email or your account.
Misuse and Abuse: Abusing our reporting mechanisms or misusing our Services may result in action, such as account suspension or termination. Misuse includes repeatedly submitting unfounded notices or complaints, intentionally circumventing restrictions, or infringing our Terms.
Out-of-court Dispute Resolutions: If you reside in the EU, you have the right to choose a certified dispute resolution body under the Digital Services Act (DSA) to resolve disputes related to our decisions on your content, notices, or complaints. We may decline cooperation if certain conditions apply.
Point of Contact for DSA Matters: In compliance with the DSA, legal@wison.xyz is our designated contact for communications regarding Services and EU Member State authorities. Please communicate in English.
Use Restrictions and User Representations
By using our Services, you represent and warrant that you have full authorization and consent to be bound by Wison's Terms of Service. You agree to comply with all applicable laws, regulations, statutes, ordinances, and these Terms.
You undertake not to engage in fraudulent activities or attempts against Wison or other users, and you shall not act in bad faith in your use of the Service. Wison reserves the right, at its sole discretion, to terminate your account and prohibit you from using the Services if it determines you have acted in bad faith or violated these Terms, our Community Guidelines, or the Broadcaster Agreement.
Specifically, you agree not to:
Age Requirement: Create an account or access/use the Services if you do not meet the Age of Consent.
Prohibited Content: Upload, post, transmit, or distribute material or information that conflicts with our Community Guidelines.
Malicious Software: Use, upload, or transmit files containing viruses, Trojan horses, worms, or any other malicious or invasive code.
Spam and Solicitations: Transmit spam, chain letters, political campaign materials, commercial solicitations, or other unsolicited texts or emails.
Intellectual Property: Infringe upon the rights of any party by using, uploading, transmitting, or distributing information or material that violates copyrights, trademarks, patents, trade secrets, or other intellectual property rights.
Privacy Violations: Collect or harvest personally identifiable information from the Services without consent.
Fraudulent Activities: Create false personas, multiple identities, or use bots or automated software to defraud or violate these Terms or third-party terms.
Unauthorized Software: Use unauthorized third-party software designed to cheat or gain an unfair advantage while using the Service, or modify the Service in any unauthorized manner.
Digital Items: Engage in activities related to Digital Items that violate these Terms, including unauthorized transfer, sale, or fraudulent acquisition.
Illegal Activities: Use the Service in connection with any violation of laws or regulations or encourage illegal activities.
Service Interference: Interfere with others' ability to enjoy the Service, including any automated use that imposes an unreasonable load on Wison's infrastructure.
Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, modify, or derive source code from the Service or its underlying software.
Derivative Works: Create derivative works of the Services or use them for purposes not expressly provided herein.
Access Controls: Disable or circumvent any access control or related device, process, or procedure established for the Services.
Violation of these restrictions may result in immediate termination of your account at Wison's discretion and could subject you to criminal and civil liabilities under applicable laws. Wison reserves the right to disclose or report any illegal activity to law enforcement and regulatory authorities and to seek damages and other remedies to the fullest extent permitted by law.
Availability and New Versions of the Services
Wison reserves the right, at its sole discretion and with or without prior notice, to discontinue providing the Services or any features thereof to you or to users generally. Wison may also impose usage limits on the Services. Additionally, Wison may add new features or functions, or modify or provide fixes, updates, and upgrades to the Services without prior notice.
Wison is not obligated to provide you with access to any additional features or functions, or to provide modifications, updates, support, maintenance, or subsequent versions of the Services. If you choose to download, install, or use any additional features or functions, or any modifications, updates, or new versions of the Services, you may be required to agree to updated Terms of Service.
You acknowledge and agree that Wison may automatically deliver additional features, functions, modifications, updates, or upgraded versions of the Services. Consequently, the version of the Services that you are using or have installed on your device may be modified, updated, or upgraded without prior notice. By using the Services, you consent to your device automatically requesting and/or receiving such modifications, upgrades, or updates.
Termination
You may terminate your use of the Services at any time by uninstalling and deleting the Services from all your devices. If you have subscribed to any Premium Services, you are solely responsible for terminating all future payment obligations directly with any Store and/or payment processing service related to the Premium Services. You may choose to delete your account before uninstalling the Services, after which Wison will delete all your account details and content. Wison reserves the right to retain any of your data that is necessary to comply with applicable laws or legal obligations.
Wison reserves the right, at its sole discretion, to restrict, suspend, terminate, modify, or delete accounts or access to the Services and any features, without any obligation to compensate you for resulting losses. Without limiting other remedies, Wison may, at its sole discretion, remove, block, suspend, modify, limit, discontinue, or terminate any part of the Services or your access and use of them immediately and automatically, with or without notice and without recourse to courts or tribunals, for any reason or no reason. This includes if Wison believes that you:
Have breached any of these Terms;
Are creating actual or potential problems or legal and regulatory liabilities;
Are delinquent with charges for a Premium Service;
Are infringing on a third party’s intellectual property rights;
Are displaying, transmitting, or sharing Prohibited Content;
Are engaging in fraudulent, immoral, or illegal activities;
Are using your account or the Services improperly or in a manner that violates Wison's intellectual property rights;
Are endangering Wison's user community;
Have maintained a dormant account for 45 days or longer.
You acknowledge that Wison has no obligation to provide the Services, including Premium Services, and that neither Wison nor any third party shall be liable to you or any other party for any limitation, suspension, discontinuance, termination, or modification of the Services.
Indemnification
You agree to indemnify, defend, and hold harmless Wison, its licensors, agents, partners, and their respective affiliates, officers, directors, employees, contractors, and suppliers (collectively, the “Wison Parties”), from and against any and all claims, obligations, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising from your use of the Services or access to the Services, including, but not limited to:
(a) Your violation of these Terms or any applicable law, rule, or regulation; (b) Infringement of any third-party rights; (c) Misuse of the Services; (d) Your Content or other communications transmitted via the Services; (e) Any claims arising from user submissions or content submitted via your account; (f) Unauthorized access to the Services using your credentials; (g) Any taxes related to your purchase or use of Services (excluding Wison's income taxes); (h) Any other third-party claim related to your use of the Services.
Wison reserves the right to assume exclusive defense and control of any matter for which you are obligated to indemnify Wison, and you agree to cooperate with Wison’s defense of these claims. Wison will make reasonable efforts to notify you of any such claims.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall the Wison Parties be liable to you or any third party for:
(a) Any special, direct, indirect, incidental, punitive, exemplary, or consequential damages, including lost profits, data, goodwill, legal fees, expert fees, substitute service costs, lost opportunities, or other expenses, arising from your reliance on or usage of the Services;
(b) Third-party conduct, including actions of other users or operators of external sites.
You agree to release, discharge, defend, indemnify, and hold Wison and its affiliates, subsidiaries, directors, officers, agents, contractors, partners, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from:
Your use or misuse of the Services;
Violation of these Terms;
Breach of representations, warranties, or covenants;
Violation of third-party rights, including copyright, property, or privacy;
Claims related to user submissions causing damage to third parties;
User Content or Content shared on or through the Service.
However, in no event shall the aggregate liability of the Wison Parties exceed the amount you paid to Wison for any products or services purchased from Wison during the six (6) month period immediately preceding any claim. These limitations apply even if the stated remedy fails in its essential purpose. Some jurisdictions may not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In such cases, the liability of the Wison Parties will be limited to the maximum extent permitted by applicable law.
You and Wison agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Wison relating in any way to or arising out of these Terms or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Section 22.
Informal Resolution and Arbitration
You and Wison will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. The notice should include proof of your relationship with Wison, the nature and legal basis of your or Wison’s dispute, and any monetary demand if seeking relief. During this period, the parties shall use their best efforts to settle any dispute, claim, or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Wison relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration.
Arbitration Procedure
Any dispute, claim, or controversy arising out of or relating to any of the Terms, including this provision, or the formation, applicability, interpretation, breach, termination, validity, or enforceability thereof, shall be determined by arbitration. The arbitration shall be conducted by one arbitrator and administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Arbitration Rules in effect at the time of the commencement of the arbitration, except as they may be modified herein. The seat of the arbitration shall be in New York, United States of America, and it shall be conducted in the English language. You agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders, or awards ("Confidential Information") made in the arbitration shall be kept confidential, and you agree not to consent to the publication of the Confidential Information.
Class Action Waiver
Furthermore, you agree that neither you nor Wison will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor Wison will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that Wison shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree not to commence or prosecute any action against any Wison Party other than by filing an arbitration complaint in accordance with this paragraph. By agreeing to be bound by the Terms, you are waiving any right you have to seek relief in a court of law and any right you have to a trial by jury. The parties further agree that, if and to the extent this agreement to arbitrate is held not to apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
30-Day Right to Opt-Out
You reserve the right to opt-out and avoid being subject to the arbitration clause by sending written notice of your decision to opt-out to the email address specified in section 24 herein within 30 days of your first use of the Services or the issuance of a materially changed clause, whichever is later. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Wison. If you opt-out of arbitration, Wison also will not be bound to arbitrate.
Contact
For any questions or concerns regarding our privacy practices or this Privacy Policy, please contact us at:
We welcome your inquiries and will endeavor to respond promptly to all requests related to your privacy and data protection rights.
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