WOO! by Shimmeo - Terms of Service

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE WOO! SERVICE.

WOO! is a software application created by Shimmeo, Inc. (hereafter "Shimmeo") that allows users to create and share videos and GIFs. Throughout the Terms of Service (hereafter the "Terms"), Shimmeo is otherwise referred to as the "Company," "we," "us," or "our."

The services offered in WOO! by Shimmeo include our software applications (including any updates, new versions or new releases thereof and hereafter the "App"), e.g. iOS and Android-compatible software, and our website located at https://woo.fun (hereafter the "Website"). Please read the Terms carefully and in its entirety before using the App or the Website or related services (together, the App, Website and related services referred to collectively hereafter as "Services"). By accessing, using or browsing the Services you agree to be legally bound by the Terms, and all other terms, policies and guidelines incorporated by reference in the Terms. If you do not agree with the Terms in their entirety, you may not use the Services.

Shimmeo reserves the right to change or to modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Services, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the 'last updated' date at the bottom. If you do not agree to the Terms at any time, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.

The Services are for your own use only. You may not resell, lease or provide them in any other way to any third party.

ACCESS AND PRIVACY

Your privacy is very important to us. In the course of your use of the Services, you may provide or we may collect information about you. Any such information that you provide to Shimmeo is subject to our Privacy Policy, which governs our collection and use of your information in connection with the Services and which can be accessed at the following URL: https://woo.fun/privacy. The Shimmeo Privacy Policy is hereby incorporated by reference into this Agreement.

You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Shimmeo. As part of providing the Services to you, we may need to provide you with certain communications, such as push notifications, Service updates via e-mail announcements and administrative messages. These communications are considered part of the Services and your WOO! account, which you may not be able to opt-out from receiving. Subject to the terms and conditions of this Agreement, Shimmeo shall provide you with access to: (i) download the App via the Internet and (ii) use the Services offered to create and edit video content that has been posted by you and/or other users of the Services.

Terms

  1. Shimmeo does not claim ownership of the content and information you post on WOO!. Rather, you give WOO!, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post ("WOO! License"). This right ends when you delete your content or your account unless your content has been shared with others, and they have not deleted such content. When you publish content or information, such publication means that you are allowing everyone, including people viewing WOO! content outside the WOO! App, to access and use that information, and to associate it with you (your profile name and picture).
  2. Content created on WOO! sometimes contain content owned by one or more third parties.
  3. You agree that Shimmeo may exercise the WOO! License without notice, payment or attribution to you. You understand that Shimmeo does not guarantee any confidentiality with respect to any content that you submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your content, has completely and effectively waived all such rights such that you have all rights required to effectuate the WOO! License. You agree that you, not Shimmeo, are responsible for all content that you make available using the Services, whether publicly posted or privately transmitted.
  4. Content you deleted is permanently deleted in a manner similar to emptying the recycle bin using a Microsoft® Windows®-based computer. However, you hereby acknowledge your understanding that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  5. You must comply with Shimmeo's Community Guidelines. You shall not in any way use the Services (such as by posting audio or video content or comments) or post to any user of the Services anything that: is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction; is fraudulent, criminal or unlawful; is inaccurate or out-of-date; is violent, obscene, pornographic or sexually suggestive, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; impersonates any other person or body or misrepresents a relationship with any person or body. You must not upload any audio or video content or other material that violates, misappropriates or infringes the rights of or third parties including, without limitation, copyright, trademark rights, and rights of privacy or publicity. We reserve the right to remove such content from the Services and from being shared without notifying the user.
  6. You represent and warrant that Shimmeo shall not at any time be responsible for the payment of any reproduction, distribution, public performance or other fees advances or royalties.
  7. The Services offered are proprietary to and the property of Shimmeo or its licensors. All intellectual property rights in or associated with the Services, any other Shimmeo content and any related services offered on the Services are and will remain exclusively owned by Shimmeo. You agree to secure and protect the Services and other Shimmeo content offered on the site in a manner that will maintain and protect Shimmeo's rights in the Services and such other Shimmeo content. You shall do nothing inconsistent with Shimmeo's ownership rights in the Services or any other Shimmeo content offered. You agree to take all reasonable steps to protect the Services and any other Shimmeo content from loss or damage while in your possession or under your control or use.
  8. The content available through our Services is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these terms, Shimmeo and its licensors exclusively own all right, title, and interest in and to the Services and all Shimmeo content, including all associated intellectual property rights, e.g., the trademark SHIMMEO as registered by Shimmeo. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Shimmeo content.
  9. All trademarks, service marks, logos, trade names and any other proprietary designations of Shimmeo used herein are trademarks or registered trademarks of Shimmeo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  10. You must not create accounts using, or otherwise access, the Services through unauthorized means, including but not limited to, by using automated devices such as scripts, bots and spiders.
  11. Shimmeo gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-transferable license to download and to use the software, without the right to sublicense the software, as part of the Services solely for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Shimmeo, in the manner permitted by the Terms.
  12. We reserve the right to change the Terms at any time without notice to you by posting changes on the Website or by updating the App to incorporate the new Terms. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Services after changes are posted constitutes your acceptance of the amended Terms of Service.
  13. You must be at least 13 years old to use the Services. If you are between the age of 13 and 18 years old or are otherwise a minor, you must have permission from your custodial parent or legal guardian to use the Services. If you are under age 13 and do not have permission from your custodial parent or legal guardian, you may not under any circumstances or for any reason use the Services. By continuing with the installation process, you represent that you are of majority age or, if you are a minor, you and your custodial parent or legal guardian represent that your account was created and registered by such custodial parent or guardian or that you have received your parent(s) or legal guardian's permission to download and use the Services under and in accordance with the Terms and such parent or legal guardian acknowledges having joined you in executing this Agreement. Further, if you are a parent or legal guardian who is registering for the Services on behalf of a child, you hereby acknowledge that you are fully responsible for your child’s use of the Services and agree to bind your child to the Terms and to fully indemnify and hold harmless Shimmeo if your child breaches or disaffirms this Agreement.
  14. We operate the software underlying and required for your use of the Services from the United States of America and it is possible that some downloads of anything from or using the Services could be subject to U.S. government export controls or other restrictions. If you download anything from or use the Services, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States or by residents of jurisdictions other than the United States, and using any of the Services from jursidictions, or use by residents of jurisdictions other than the U.S., in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Services from or in locations outside of the United States and/or you are a resident of a jurisdiction other than the United States, you do so on your own initiative and are responsible for: ensuring that what you are doing in that jurisdiction outside the United States is legal; and the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services).
  15. You will not publish or otherwise use any copyrighted works, trademarks, marks confusingly similar to our marks or the marks of a third party, or any other materials in a manner that infringes respective copyrights, trademarks, or any intellectual property, privacy or other rights of ours or any third party. We reserve the right to remove such content from being shared.
  16. You are responsible for keeping your password secret and secure.
  17. We try to make the Services bug free; however we make no warranty that your access to the Services will be uninterrupted, timely or error-free. In addition, we may occasionally need to carry out repairs or maintenance or may need to introduce new facilities and functions. Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time, for any or no reason, and without notice. We may also impose restrictions on the length and manner of usage of any part of the Services for any reason. If we impose restrictions on you personally, you must not attempt to use the Services under any other name or user or on any other mobile device. We do not warrant that the Services will be compatible with all hardware and software which you may use. You agree we shall not be liable for, and not agree not to hold us liable for, any damage to, or caused by viruses or other code that may affect, any equipment (including but not limited to your mobile device and computer), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. You also agree we shall not be liable for, and agree not to hold us liable for, any actions of third parties. We make no representation or warranty, express or implied, that information and materials on or available through our Services are corrector that any such information or materials are complete, accurate, up-to-date, or fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. That we make no such representation or warranty shall not affect any obligation which we may have under any existing law or under any contract that we may have with you to provide you with products.
  18. Shimmeo does not proof, edit or change any of the content on the Services, including, without limitation, any of your content or the content of any other user of the Services. Shimmeo has no obligation to correct or otherwise modify any (a) unfinished video content; (b) blurriness or other issues caused by low resolution video; (c) editing or design issues, including formatting, organization, style or color; or (d) other creative choices that you make. Shimmeo is not responsible for any incorrect or inaccurate content (including, without limitation, any of your Content or the content of any other user of the Services) transmitted through the Services, whether such inaccuracies are caused by the Services or otherwise by Shimmeo, by the users of any of the Services or by any of the equipment or programming associated with or utilized in connection with providing the Services. Shimmeo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content submitted or otherwise provided to the Services by you or other users. Shimmeo is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on or within the Services, including any injury or damage to users' or to any other person's mobile device or other computer or equipment related to or resulting from participation on or downloading of the any of the Services. You agree that under no circumstances shall Shimmeo be responsible for, and agree not to hold us responsible for, any loss or damage, including personal injury or death or property damage, resulting from use of the Services or from any content posted on or within Services by or to users, or any interactions between users of the Services, whether online or offline.
  19. Notwithstanding any other provision of this Agreement, nothing herein will obligate Shimmeo to use any uploaded materials, including uploaded audio and video content, in any manner. You understand and agree that you have no right to any proceeds derived by any third party from the use of content by Shimmeo. Shimmeo guarantees no amount of publicity and/or exposure to you or any third party, in exchange for the grant of the Shimmeo License or otherwise.
  20. Shimmeo might from time to time operate contests and similar promotions through the Services. You should carefully review the rules of each promotion in which you participate through the Services.
  21. Shimmeo reserves the right not to publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. We have the right to monitor any materials published or otherwise available on or through the Services, to investigate any violation of the Terms, and to take any action that we deem appropriate.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHIMMEO SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF THE TERMS OR IN CONNECTION WITH THE SERVICE, EVEN IF SHIMMEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Liability for Content

You hereby acknowledge and agree that Shimmeo stores content and other information at the direction, request and with the authorization of its users and acts merely as a passive conduit for the uploading, storage and distribution of such content. Shimmeo plays no active role and gives no assistance in the presentation or use of any of the Services' content.

You hereby acknowledge and agree that Shimmeo cannot and does not review the content created or uploaded by its users, which may include opinions and advice, and neither Shimmeo nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor any of the Services for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms applicable law.

Shimmeo and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby expressly disclaims, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to any of the Service by users that includes, but is not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of any of the Services, or other opinions or advice. Such content is provided for informational purposes only. Moreover, we do not investigate the legitimacy, validity, accuracy or legality of any content created or uploaded by users of the Services.

By using any of the Services, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Shimmeo or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Your Representations and Warranties

You represent and warrant that (a) your use of the Services will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside or are located at the time of your use of any of the Services and (b) your use of any of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold Shimmeo and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorney’s fees), resulting from your use of any of the Services and/or any violation of the Terms. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with any of, or the use of any of, the Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Third Party Websites

We have no control over and accept no responsibility for the content of any website or mobile application to which a link from any of the Services exists. Such linked websites and mobile applications are provided “as is” for your convenience only and with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third-party website or mobile application to which any of the Services provides a link. The terms and conditions, terms of use and privacy policies of such third-party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about any such third-party website or mobile application (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third-party website or mobile application.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of this Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.

Miscellaneous

The Terms (and our Privacy Policy, any other document referred to in the Terms and any other terms and conditions specifically agreed between you and us in writing) contain all the terms to which you and we agree regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to the Terms except as expressly stated in the Terms. Neither we nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into the Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform the Terms).

The Terms may only be modified by a written amendment signed by an authorized executive of the Company or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Services will be governed by the laws of the state of New York, without applying its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be subject to the exclusive jurisdiction of the federal and state courts sitting in the County of New York. All dealings, correspondence and contacts between us shall be made or conducted in the English language. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Digital Millennium Copyright Act Compliance (DMCA).

  1. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Shimmeo's Designated Copyright Agent with the information detailed in 17 U.S.C § 512(c)(3). You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
  2. Shimmeo's Designated Copyright Agent to receive notifications of claimed infringement can be reached by email at dmca@shimmeo.com.

    Eventide, Inc.
    1 Alsan Way
    Little Ferry, NJ 07643
    201-641-1200 ext 228
    aagnello@eventide.com

    For the avoidance of doubt, only DMCA notices should go to Shimmeo's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Shimmeo customer service through support@shimmeo.com.

Updated July, 2021.