Terms and conditions Of Use

Last Updated : October 2015

Introduction

WuWu (“WuWu”) is owned and operated by Peopleapps Limited ("the Company", “We” /”US”). The Company is a private company limited by shares, registered in Ireland with the registration number 537848 and its registered office at 1st Floor 10/11 Exchange Place I.F.S.C. Dublin 1. WuWu is a mobile phone application where users can send and/or share digital content through various messaging and social networking applications.

The Terms and Conditions of Use (the "Terms and Conditions") set forth the terms between Peopleapps Limited and users ("User" ,"Users", “You”, “Your”) of any services or features of WuWu provided by the Company (the "Service").

1. Definitions

1.1 “Contents” means digital content, such as images, stickers, emojis, caricatures, graphics, GIFs, audio files, texts, videos which may be accessed through WuWu and which is kept in WuWu content databases.

1.2 Third Party Contents means digital content, such as images, stickers, emojis, caricatures, graphics, GIFs, audio files, texts, videos which may be accessed through WuWu by interfacing, connecting into other sites, programs, applications such as Giphy.

1.3 “Sent Contents” means Contents and Third Party Contents that Users have submitted, sent, transmitted, uploaded or shared whether in original format or modified by the User.

1.4 “Shared” means shared, submitted, sent, transmitted, or uploaded.

1.5 “Separate Terms and Conditions” means any documents pertaining to the service and provided or uploaded by the Company, such as “agreements”, “guidelines” and “policies”.

2. Acceptance and Modification of Terms and Conditions

2.1 By using WuWu, You (including, for the avoidance of doubt, any entity or person on whose behalf you are acting) acknowledge that You have read and agree to be bound by and comply with the following Terms and Conditions and with all the Separate Terms and Conditions.

2.2 If you are a minor in the jurisdiction that You reside, You may use the Service only with consent from your parents or your legal guardian.

2.3 Please read these Terms and Conditions and Separate Terms and Conditions carefully as they contain a number of contractual provisions, which affect your rights.

2.4 The Company may modify the Terms and Conditions or Separate Terms and Conditions at any time without providing prior notice to Users. The modified Terms and Conditions or Separate Terms and Conditions become effective upon their posting on an appropriate location at (http://wuwutheapp.com/terms_and_conditions.html) and they will be accessible through the WuWu app. Each time You access and/or use WuWu, You will be bound by the then current terms of use and You will be deemed to have validly and irrevocably consented to the modified Terms and Conditions and/or Separate Terms and Conditions. You are encouraged to review the current versions of the Terms and Conditions and Separate Terms and Conditions on a regular basis.

2.5 You understand and agree that Your use of WuWu includes advertisements and certain communications including push notifications from the Company such as administrative messages and service announcements. These advertisements and communications are necessary for WuWu to provide you with the Service.

2.6 If You do not agree, or are not comfortable with any of the Terms and Conditions or Separate Terms and Conditions, Your only option and remedy is to immediately discontinue use of the app and Service.

2.7 You may not use the Service on behalf of, or for the purposes of, a business enterprise.

3.Registration and Accounts

3.1 You agree to provide true, accurate, current and complete information about yourself in registration and promptly update the information as necessary.

3.2 You are responsible for the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account or any other breach of security.

3.3 You may delete your account and withdraw from the Service at any time.

3.4 Your right to the Service expire when Your account has been deleted for any reason. You should be aware that a deleted account can not be reactivated even if You accidentally delete Your account.

3.5 Each account for the Service belongs solely to the account’s owner. You may not transfer (including by gift or inheritance) or lend Your account to any third party.

3.6 We may reject the registration of Your account or suspend or delete Your account without giving prior notice to You for any reason deemed to be appropriate by the Company.

4. Privacy

4.1 We take Your privacy very seriously and collection, use of personal information is subject to our Privacy Statement and the Data Protection Acts 1988 and 2003.

4.2 You acknowledge, consent and agree that we may access and disclose Your account information and Content if required to do so by law or if such access or disclosure is reasonably necessary in our sole opinion to comply with legal process, further our legitimate business interests and enforce these Terms and Conditions, respond to Your questions, investigate any alleged breach of third parties’ rights, or protect the rights, property or safety of WuWu, Users, and the public. Any processing of Your personal information will be carried out further to our Privacy Statement and the Data Protection Acts 1988 and 2003.

5. Provision of The Service

5.1 We reserve the right at our own discretion to cease or modify the Service partially or in its entirety at any time without any prior notice.

5.2 We reserve the right to limit Your full or partial access to the Service based on registered information, jurisdiction in which You reside, status of identification, age and any other condition deemed necessary by the Company.

6. Advertisements

6.1 We reserve the right to provide Users with advertisements for the Company or a third party.

7. Services Provided by Business Partners or other Third Parties

7.1 Third Party Content or other services included within the Service may be offered by other business partners cooperating with the Company or by Third Parties. The business partners or other third parties bear all responsibility regarding such Third Party Content and/or services offered. Furthermore, such Third Party Content and services are governed by explicit terms and conditions, which are set by the business partners or third parties.

7.2 The Company may stop cooperating with the business partners or may stop the use of Third Party Content or Services from third parties at any time at the Company’s sole discretion. Third parties may stop access to their Third Party Content and services through WuWu or business partners may stop cooperating with the Company at their sole discretion.

8. Coin

8.1 Users may purchase Coins through an in-app purchase from Apple App Store.

8.2 The company shall decide on the number of coins required for purchasing Content as well as all conditions regarding Coins.

8.3 Coins cannot be exchanged or used for other purposes other than the ones offered by the Service.

8.4 Coins cannot be refunded for any reason.

9.Contents and Submitted Contents

9.1 The Company grants the Users the non-transferable, non-exclusive, non re-licensable license to use the Contents provided by the Company only for the purpose of using the Service.

9.2 Users shall abide by appropriate conditions when using Content purchased with in-app purchased Coins. Payments of coins purchased as an in-app purchase for Content purchases only provides the User with a non-transferable, non-exclusive and non-licensable license to use the purchased Content only for the purpose of using the Service.

9.3 Users shall not use the Contents and Third Party Contents beyond the scope of the intended use of Contents in the Service.

9.4 The Company does not have the obligation to back up Submitted Content. If Users want to back –up all or part of their Submitted Contents, Users will need to do the back-up themselves.

9.5 For all Your Sent Content, You grant the Company a license to translate, modify, reproduce and otherwise act with respect to Your Content, in each case to enable the Company to provide and operate the Service.

9.6 Furthermore, if You send your Sent Content only in a manner that certain specified users can view, then you grant the Company a license to display, perform and distribute Your Sent Content for the purpose of making it accessible to You and to such other specified users.

9.7 If Your Sent Content is sent, shared publicly via the Service and/or in a manner that more than you and certain specified users can view the Sent Content, the User who sends, shares the Sent Content shall grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license for an indefinite period to use and modify such content for services and/or promotional purposes.

9.8 If the Company believes that the User has violated or may violate the related laws and applicable provisions set out in the Terms of Conditions related to Sent Content, then the Company reserves the right to prevent the User’s use of the Sent Contents such as by deleting the Submitted Content without providing the User with prior notice. The Company is not obligated to check the details of the Sent Contents for violations of related laws or provisions set out in the Terms of Conditions.

10. Restrictions in Using the Service

10.1 You shall not Share Sent Content that infringes on any intellectual property rights of others (including, but not limited to any copyrights, logos, trademarks, designs, service marks, domain names, patents, database rights, business names, literary, dramatic, musical and artistic works) or on the privacy of others.

10.2 You shall not violate the law, resolutions, orders, court judgments or legally binding administrative measures.

10.3 You shall not Share Sent Content that is vulgar, hateful, harassing, abusive, threatening, harmful, defamatory, libelous, offensive or that may be racially, ethnically or otherwise objectionable or that may be detrimental to public order or customs or that contains pornography or sexual expressions, or that is illegal or unlawful in any nature. Sent Content shall not involve expressions that lead to any kind of discrimination or expressions that induce or encourage self injury, suicide, drug abuse or lead to discomfort of others.

10.4 You shall not Share Sent Content related to religious activities or religious groups.

10.5 You shall not Share Content that lead to the misrepresentation of the Company and /or a third party or intentionally spread false information.

10.6 You shall not use the Service for any purposes other than the purposes intended by WuWu. Specifically, you shall not use the Service for commercial purposes, for purposes of sexual conducts or obscene acts, for purposes of harassments or libelous acts against others, or for purposes of meeting others for sexual encounters. You shall not harvest or collect by any means any Content or information (including without limitation contact information, user history).

10.7 You shall not use the app in any manner that could damage, disable, overburden, impair or interfere with the app, servers, and/or network systems of the Service or abuse the Service by any means. You shall not attempt, through hacking, password mining, or by any other means, to gain unauthorized access to our app or any server, computer or database connected to the Service. You shall not engage in activities that illegally and improperly lead to the collection, disclosure or provision of other’s personal information, user history and similar information.

11. Responsibilities of Users

11.1 We are not responsible for correcting or preventing your violations of the Terms and Conditions. You shall use the Service on your own responsibility and expense and You will remain responsible for any acts and results associated with your use of Service. We may take any measures that We consider necessary and appropriate if We believe you are using the Service in any way that violates the Terms and Conditions.

12. Indemnification

12.1 You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees and agents from and against any claims, actions and demands, including without limitation reasonable legal and accounting fees, alleging or resulting directly or indirectly from Your use of the Service or Your breach of these Terms and Conditions.

13. Limitation of Liability

13.1 We do not explicitly or impliedly guarantee that the Service is free from any defects and we shall not be responsible for providing the Service without such defects.

13.2 We do not explicitly or impliedly guarantee that the Contents and Third Party Contents are free from legal flaws such as infringements of rights. The Company shall not be responsible for providing the Service without such defects.

13.3 The Company and its officers, directors, employees, agents make no warranties or representations that WuWu will not experience any delay in operation or transmission, be subject to theft or destruction or unauthorized access to, or alteration of user communications, viruses, bugs and other harmful elements.

13.4 To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, agents, disclaim liability for any damages whatsoever (including, without limitation, incidental, special and consequential damages, loss profits, or damages resulting from lost data or business interruption and even if such losses or damages were foreseen, foreseeable or known or We or any other party were advised of the possibility of them in advance) resulting from the use or inability to use the Service whether based on statute, contract, tort or any other legal cause.

13.5 The aggregate liability of the Company to You for all claims arising from the use of the Service is limited to Euro 1 and You acknowledge that this is a fair pre-estimate of any loss You might suffer as a result of such claim.

14. Contact

14.1 We may use any method that we consider appropriate including posting on the WuWu website or push notifications when notifying or contacting users.

14.2 You may contact us through e-mail or by other means expressly specified by us.

15. Governing Law and Jurisdiction

15.1 WuWu is controlled by the Company from its location in Ireland. Users who access WuWu from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

15.2 Any disputes, claims or proceedings arising out of or in any way relating to WuWu shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for any proceedings arising out of or in any way relating to WuWu. Without prejudice to the foregoing, the Company may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the Company may bring enforcement proceedings in another state on foot of an Irish judgment.