Photos and videos from independent reporters from all over the world
GENERAL TERMS AND CONDITIONS – REGISTERED USERS
1.1 WOOWClover is an international online platform facilitator (hereinafter “WOOWClover”, “we” or us”), providing a platform that enables registered users (hereinafter singular “User” and plural “Users”) to sell and buy photos and videos to other Users via WOOWClover platform.
1.2 Our address is Ft Lauderdale P.O. Box 2008 , and the owner is WOOWClover LLC. WOOWClover company registration number is …. WOOWClover can be contacted at firstname.lastname@example.org.
1.3 These general terms and conditions (hereafter referred to as “Terms”) apply between WOOWClover and the User for all use of our website, www.woowclover.com (hereinafter “Web”), and all use of our application for mobile devices (hereinafter “App”). By using the functionalities of woowclover Web and App (hereinafter collectively called the “Platform”), you agree with the terms and conditions described in these Terms for using our Platform as described herein, and as may be amended from time to time by us.
1.4 Definition of Users:
1.4.1 There are two different type of Users on the Platform: “Reporter(s)” and “Buyer(s)”. The terms will have the meaning as described in the following:
22.214.171.124 A Reporter is a private person, a semi-professional or a professional person, who creates and publishes content on the Platform, such as footages and stills of events, happenings etc. (hereinafter “Content”). In section 6 there is a list of type of Content that is prohibited to post and thus excepted from the definition of Content. 126.96.36.199 A Buyer can be a private person, the media, press, journalists etc., who browses through the Content on the Platform, and purchases the Content on the terms described in section Error! Reference source not found..
1.5 WOOWClover services are not available to persons under the age of 14, or to any Users previously suspended or removed from WOOWClover.
2. Scope of terms
2.1 WOOWClover has created a Platform that enables Reporters and Buyers to get in contact in order to sell and/or buy Content.
2.2 In order to use WOOWClover, you must either sign in using a third party application log-in e.g. Facebook, or you can fill out a form and create a profile without a third party application login. If you create profile using a third party application login you authorized us to access and use certain account information from the third party application login including but not limited to the following information: your basic profile information ( name, profile pictures, gender , age range birthday, e-mail address, friends). The following information is received if you fill out the form : e-mail address , password, first name. Permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of our rights. If the User breaches this restriction, the User may be subject to damages claims.
3.4 The Terms will govern any upgrades provided that they replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3.5 We retain all rights, title, and interest in and to the App, including services and any updates. The User agrees to cooperate with us to maintain our ownership of the App, and, to the extent that the User becomes aware of any claims relating to the App, the User agrees to use reasonable efforts to promptly provide notice of any such claims to us.
4. WOOWClover as Platform provider
4.1 The User is aware that the User’s use of WOOWClover Platform is without any responsibility for WOOWClover, as WOOWClover is only providing the Platform as a service to enable Reporters and Buyers to get in touch with each other in order to sell and/or buy Content.
4.2 WOOWClover is a Platform, and we are not obliged to provide any background check or qualification and no approval procedure, system or process towards the Users and/or the Content.
4.3 WOOWClover is not responsible for any User conduct. Users must take all necessary precautions in all interactions with other Users.
4.4 In no event shall WOOWClover be liable (directly or indirectly) for any losses and damages resulting from communications or transactions between Users. Users are encouraged to always check if the Content is in compliance with our Terms.
4.5 WOOWClover is the sole owner of all rights to the Platform, functionalities of the Platform (hereinafter the “Functionalities”), trademark, domain, etc., and no rights other than necessary to legally and loyally using the Functionalities of the Platform shall be transferred to Users.
5. The User’s obligations
5.1 The User must at all times:
5.1.1 Provide WOOWClover with correct account information of name, address and email address, etc.
5.1.2 Respect the restrictions and conditions applicable for the Users’ services via the Platform, and follow instructions from WOOWClover, including but not limited to these Terms.
5.1.3 Avoid posting or transmitting any Content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms.
5.1.4 Comply with rules of conduct in the communication with the other Users. All visitors and Users of the Platform are encouraged to report to WOOWClover any miscond harassment , threatening offensive or otherwise inappropriate or illegal conduct in communicate. Content and other information.
5.1.5 Avoid uploading or transmitting any content that woow or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
7. Platform functionalities
7.1 In order to gain access to the Functionalities the User has to sign up and register as a user of the Platform.
7.1.1 The User must apply basic information, e.g. username, name, and e-mail, country of origin and similar, which may all be received via third party application log-in or if the User fills out a form. The username will be displayed publicly. The User may sign in with third party application login. By doing so, the User authorizes us to access and use certain third party account information from that third party application, including but not limited to public profile.
7.2 The Reporter is solely responsible for the Content and information made available on the Platform or transmitted to other Users.
7.3 The User alone is responsible for all interactions with other Users or other third parties provided via or in connection with the Platform, or connected functionalities etc.
8. Restrictions in Use
8.1 No unintended commercial use of the Platform and connected Functionalities etc. is allowed for the User and such use may incur liability for the User.
8.2 All agreements – including agreements made via the Platform – between the Users and/or between Users and third parties are without relevance for WOOWClover, who has no part or interest whatsoever in this.
8.3 Using the Platform or connected Functionalities for political, religious or criminal purpose is strictly prohibited, and may incur liability for the User. If such use is discovered or suspected, Indieframe will report to the relevant authorities and may terminate or suspend the User’s account, and/or banish the User from the site, the Platform and/or the Functionalities.
8.4 WOOWClover is entitled to monitoring and/or reviewing any Content. WOOWClover may at its own discretion edit and/or delete any Content, in whole or in part.
8.5 WOOWClover will review and analyze the Content from time to time by using machine learning protocols, algorithms, services or otherwise. The machine learning protocols will recognize faces, buildings, locations, so it will be easier to handle rights and sales for the Reporter and the Buyer.
9. User Content
9.1 By the Reporter’s posting of Content, WOOWClover is automatically granted a non-exclusive, worldwide, royalty-free, transferable, sub-licensable right and license to (i) use, reproduce, publicly display, distribute, copy, store, adapt, modify, make available and distribute the Content, and (ii) grant and authorize sublicenses of the foregoing in any format and media now known or hereafter created.
9.2 The rights and license in section 9.1, will only be used by WOOWClover in order to provide the services in connection with the Platform.
9.3 The Reporter warrants that any posting and use of Content by WOOWClover will not infringe or violate the rights of any third party.
9.4 The Reporter agrees that any Content uploaded on the Platform may be seen or viewed by other Users and persons visiting or participating in the Platform.
9.5 All Content on the Platform is the property of the Reporter, who uploaded the Content and is protected by intellectual property laws.
10. Third party rights
10.1 The Reporter warrants:
10.1.1 to hold all rights to the uploaded content, and
10.1.2 that our use of the Reporters content will not infringe or violate the rights of any third party .
11. Copyright infringement.
13.1 The User is entitled to register and use the Functionalities of the Platform free of charge. Features of the Web require payment, e.g. in connection with transactions between Users.
13.2 If a Buyer wants to buy Content from a Reporter, the Buyer shall pay the price displayed on the Platform via PayPal (hereinafter the “Payment”) directly to sellers
13.5 The User is responsible for complying with the tax laws and regulations of the territory from which the Payment has been made.
14. Refund Policy
14.1 You may ask for a refund of your purchase within 30 days from the purchase date. This is only possible if you are able to immediately remove all use of the purchased Content, and that you must provide a justifiable reason for your request. For refund wishes, please contact email@example.com.
15. Maintenance and support
15.1 The User is responsible for installing any available updates to the App. We have no responsibility for incidents due to missing updates, or otherwise.
15.2 Third party terms may include terms and regulations regarding maintenance and support.
16. Reporter Warranty and indemnification
16.1 By uploading the Content to the Platform, the Reporter warrants to have all necessary permissions and rights to grant the licenses in these Terms.
16.2 The Reporter will indemnify and hold WOOWClover harmless from any claim, demand, loss, damages arising out of or in connection with your breach of these Terms.
17. WOOWClover’s Warranty
17.1 We do not provide any warranty unless specific and expressly stated.
17.2 Third party terms may include applicable disclaimers.
17.3 WOOWClover offers no warranty, explicit or implied, regarding any Content, the Platform, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement, or that the Platform or any services will be uninterrupted or error-free.
18. Liability limitation
18.1 Due to the nature of the services provided, in general no liability incurs with WOOWClover, as any potential liability lies between the Users.
18.2 If in extraordinary cases Indieframe should be liable, such liability is limited in the following ways:
18.2.1 no indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;
18.2.2 damages are under any circumstances limited to USD 100;
18.2.3 only claims based on gross negligence or intent WOOWClover can be filed.
21.1 If a section in the Terms is not enforceable, the unenforceability of that section will not affect any other sections of the Terms.
22. Law and venue
22.1 These Terms and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of the Platform shall be settled in accordance with USA law by the City Court of Fort Lauderdale, State of Florida, USA.