EFFECTIVE DATE: July 10, 2017
When you sign up to and use any Whozout Live LLC, Whozout Live App and/or whozoutlive.com website (collectively, the “App", "Site”, we”, “our”, “us” or other appropriate first-person terms as appropriate), all of which services are hereinafter referred to collectively as the “Services,” and any live stream, videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Services we offer (collectively referred to as “Content”), you agree to all of the Terms and Conditions of this Agreement.
The following Terms and Conditions form the agreement between you and us, as the App user (referred to in this Agreement as “ User” “you” “your” or other appropriate second-person terms), and the App (such agreement is referred to herein as the “Agreement”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WHOZOUT LIVE APP, WHOZOUTLIVE.COM WEBSITE OR ANY OF ITS SERVICES. BY USING THE APP, SITE OR SERVICES WE PROVIDE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT MAY BE MADE AT OUR DISCRETION AT ANY TIME.
The Whozout Live App is an application where its users can communicate in real-time ("Live") with other users by streaming their live videos. Users can show their appreciation to other users by sending them free or paid/premium emoji's that have different token values. Tokens may be bought with real money. Users can select to have their live streams to be viewed in public, friend or group streams or by private streams. Users select how they earn money, the times, dates and hours they communicate with other users, and how much they want to charge for their live streams.
Once a broadcast is stopped the video stream will be deleted and it will not be stored in the users App profile. You are warned that users may attempt to take screen shots of your video or attempt to record the video stream without your knowledge, consent or permission. By accepting these terms and conditions you understand that Whozout Live App cannot control this and is not responsible, to blame or liable if this happens. Live stream your content using common sense and at your OWN RISK.
Please read this End-User License Agreement carefully before using the Whozout Live app.
By using the Application, you are agreeing to be bound by the terms and conditions of this End-User License Agreement.
If you do not agree to the terms of this End-User License Agreement, do not download or use the Whozout Live app.
Whozout Live, LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Whozout Live app solely for your personal, non-commercial purposes strictly in accordance with the terms of this End-User License Agreement.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. Your right to use Our Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We are constantly changing and evolving, and we may change without any notice to you. We reserve the right to alter, suspend or discontinue any aspect of our Services or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability. Furthermore we retain the right to create any and all limitation on use and storage at our sole discretion at any time and without any notice.
Whozout Live, LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Whozout Live app or any service to which it connects, with or without notice and without liability to you.
This Agreement shall remain in effect until terminated by you or Whozout Live, LLC.
Whozout Live, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device and/or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Whozout Live, LLC reserves the right, at its sole discretion, to modify or replace this End-User License Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please contact us by email email@example.com.
You are solely responsible for the use of our Services, for any Content you stream, disseminate, transmit or in any form broadcast, publicly or privately, and personally and solely liable and responsible for any consequences thereof. The Content you transmit, broadcast, stream, submit, post, or display will be able to be viewed by other Service users and through third party services and websites. You should only provide Content you are allowed to and comfortable sharing with others under these Terms and Conditions.
By completing the necessary form(s) and information, which may change from time to time and/or, such form(s) and information may need to be updated from time to time, to enroll and be eligible to receive tokens , you must prove, represent, attest, declare and warrant to the Whozout Live App and our Services that you are over the age of 18 or the age of majority in your jurisdiction, whichever is higher ("Majority of Age"), and that you are capable of entering into this Agreement.
The Whozout Live App and our Services reserves the right to either refuse to accept your enrollment or to immediately terminate your account, if the Whozout Live App and our Services, believes you to be under the Majority of Age.
By completing and providing such form(s) and information you are also certifying, declaring and attesting to the Whozout Live App and our Services that the laws in your jurisdiction do not in anyway prohibit you from entering into this Agreement.
You understand that your ability to perform under this Agreement is contingent upon your ability to access through a mobile device (cell phone), the Internet or Wi-Fi and that you are solely responsible for any and all costs associated with your responsibilities under this Agreement including, but not limited to, connecting to the Internet or Wi-Fi, maintaining a mobile device (cell-phone) and any other obligation or expense you are required to file, have or maintain.
Once all documents are properly submitted and accepted by the Whozout Live App and your App profile is verified, you will be eligible to cash out received tokens.
The Whozout Live App and our Services allows users to show their appreciation for the Content and communications to other user's live stream, photos, text, broadcast, or communications. To show their appreciation users can send free emoji's to other users. These have a zero USD ($0.00 USD) value. Users can send paid/premium emoji's that have different token values to other users as appreciation.
Furthermore, users can communicate in a broadcast, transmittal or stream. The price per friend or group transmittal is either a flat token fee/charge or a per minute token fee/charge which is determined by the transmitting Broadcaster providing the Cotent that will be broadcast, transmitted or streamed.
The price per private transmittal will only be per minute token fee/charge which is determined by the transmitting Broadcaster providing the Cotent that will be broadcast, transmitted or streamed.
You, the Broadcasting App user, determine, decide, agree, opt and/or chose how much you will charge (if any) and how you want to potentially earn money, whether by live streaming in public or by friend, group or private streaming or by posting photos your profile. The more tokens you get, the more money you make. There are no earning limits.
All App Users can make In App purchases with real money what the Whozout Live App and our Services call "Tokens". The price per Token varies depending on the amount purchased at once. The price per Token is displayed at the Purchase Tokens App screen in the Whozout Live App and our Services. The price per Token may change from time to time and without any notice.
Purchase payments for Tokens are securely processed by your mobile device In-App processor with either the Android or the Apple mobile device platform, and the purchased Tokens consequently appear on the User’s account as a balance. Whozout Live App and our Services does not collect, store or save any billing information of its App Users. You are bound by either the Apple Media Services Terms and Conditions and/or the Google play terms and Conditions. We recommend you read and understand them and are familiarized with them.
Purchases of Tokens by App Users Outside the U.S. may only be purchased and held by legal residents of countries where access to and use of the Whozout Live App and our Services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. Tokens in Our Services are considered to be "virtual money". However, please note that once you purchase, pay for, acquire and download our Services Tokens ("virtual money") from Us, your right of withdrawal ends. You agree, acknowledge and consent that (a) purchase, of Tokens ("virtual money") involves immediate download of such Tokens; and (b) you lose your right of withdrawal once your purchase is complete. We reserve the right to control, regulate, change, or remove any Tokens ("virtual money") or Virtual Goods without any liability to you.
Broadcasters who receive Tokens from other users by broadcasting, transmitting or streaming Content may Cash Out the Tokens they receive for real money in USD.
Cashing Out tokens will be done AUTOMATICALLY, very week. Received Tokens every week from Monday 12:00:00 AM - Sunday 11:59:59 PM will accumulate and qualify. The minimum amount to be eligible to cash out is 1,000 tokens per week. If an verified App User does not meet the minimum requirement to cash out, his/her tokens will roll over to the following week(s) until the user accumulates 1,000 tokens or more.
The amount users broadcasting, transmitting or streaming receive is constant no matter what the users paid for the tokens, which may change any at time, which is as follows:
1 Token for USD $0.06* (minimum 1,000 tokens to be eligible to cash out)
1,000 Tokens for USD $60.00
10,000 Tokens for USD $600.00
50,000 Tokens for USD $3,000.00
250,000 Tokens for USD $15,000.00
For users to receive their first payment and to be eligible and enroll to receive Tokens Users must get age verified, provide a clear photo of their government ID (front and back), submit a clear close-up selfie photo with the Government ID next to their face, provide all required documents necessary for tax purposes and provide us with the payment method they intend to use that the Whozout Live App and our Services utilizes, which can change from time to time.
You are responsible for rejected payments, charge backs and any related fees that Whozout Live App and our Services incur with respect to your account.
If you are a citizen or resident of the United States, you will be required to supply the Whozout Live App and our Services with a clear photo of your government ID (front and back), submit a clear close-up selfie photo with the Government ID next to your face, your Social Security Number or your Federal Tax ID number, a signed broadcaster agreement and all completed necessary tax documents.
You acknowledge, consent and agree that if you fail to provide us with accurate and complete information with respect to your age verification, broadcaster agreement form, Federal Tax ID, Social Security Number and appropriate tax forms, you will not be entitled to any payments from the Whozout Live App and our Services and all monies earned prior to you supplying the Whozout Live App and our Services, if any, with this required information may and will be forfeited by you to the Whozout Live App and our Services.
You understand and agree that you are required by this Agreement to supply Our Services with a valid email address, to keep Us informed of any changes in your physical residential address, email and other contact information, a failure to do so may result in the termination of your verified User status to with our Services.
If you are Not a United State citizen or resident you will be required to fill out and to provide with the Whozout Live App and our Services with a clear photo of your government ID (front and back), submit a clear close-up selfie photo with the Government ID next to your face, the broadcaster agreement form, the appropriate Internal Revenue documents and forms (i.e. W-8 Form) properly and completely filled out. By submitting these required forms and documents you represent and certify that you are not subject to taxes in the United States. The Whozout Live App and our Services does not provide any tax advice or guidance on how these forms must be completed.
By downloading and completing all of our required forms our Services is intended for adults 18 years or older who want to broadcast themselves in the form of live streaming video and messaging. You may use our Services only if you can form a binding contract with Our Services.
The Whozout Live App provides access through mobile internet service comprising of video, audio, information and materials created, broadcasted, transmitted, posted, uploaded and/or streamed by you and other users of the Site and/or Service (each a “Contributor”).
If you are a Minor are NOT allowed to use our Services, You must leave immediate the App and delete this App from your device. We will not tolerate any minors using our Services. The depiction, acting or role play of minors is not accepted. Moreover, we have zero tolerance for any image of any minor being broadcast and/or displayed in our Services for any reason.
We will reserve the right to report and to contact the appropriate authorities for each and every suspected minor being broadcast and/or displayed or any abusive behavior. If you believe that a minor is using our, we request and encourage members to report each and every user he or she encounters which he or she believes or suspects to be under the age of 18. These reports will be reviewed and examined by us. If you are found to violate these terms your account will be immediately deactivated and your account will not be allowed to be activated again.
Whozout Live, LLC gives you personal, royalty-free, non-assignable and non-exclusive license to use our Services. This license is exclusively and for the sole purpose of enabling users to use and enjoy the Whozout Live App and our Services, in the manner prescribed and permitted by these Terms.
Your right to use Our Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We are constantly changing and evolving, and we may change without any notice to you. We reserve the right to alter, suspend or discontinue any aspect of our Services or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability. Furthermore we retain the right to create any and all limitation on use and storage at our sole discretion at any time and without any notice.
Whozout Live, LLC maintains all rights, title and interest in and to the Services and the Whozout Live App. This right excludes the Content provided by the App Users ("Contributors") of our Services. Whozout Live is protected by copyright, trademark and other laws both of the United States of America and foreign countries. Whozout Live, LLC reserves all other rights not expressly granted in these terms and conditions. Any and all feedback, advice, pointers opinion, suggestion, commentary or views that you share, convey, provide, express and/or communicate with Us is voluntary and we may use this information obtained freely at our convenience and as we determine fitting, suitable and appropriate with no obligation to you.
You are warned, notified and advised, that WE WILL report any and all depiction of child pornography to all appropriate law enforcement agency and will cooperate with any and all legal authorities in any and every way possible with them, by giving them information we may have that may assist these authorities in their investigations. We will not contact you before contacting authorities. DO NOT BROADCAST, STREAM, DEPICT, CONTRIBUTE OR DISPLAY MINORS OR ROLE-PLAY AS A MINOR, YOU WILL BE REPORTED.
We will cooperate with any and all law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to asacp.org.
Explicit nudity or graphic content is not allowed in public Live Stream Broadcasts, or Uploaded Photos or Videos. This includes, but it is not limited to, graphic sexual content, child abuse, animal abuse, or harm to oneself or others. Our Services are not intended to promote or to incite violence or threats to others, whether they are other users or non-users.
Any and all Content, whether publiclyto friends, in a group or privately transmitted, is the sole responsibility of the person(s) who originated such Content. We may, but are not required to, monitor or control the Content posted and we cannot take responsibility for such Content. You agree that any and all Content broadcasted or obtained by you through our Services is at your own risk.
We do not approve, endorse, support, represent, warranty or guarantee the completeness, reliability, truthfulness, accuracy, or trustworthiness of any Content posted on Our Services or endorse any opinions or beliefs expressed on Our Services.
You agree and understand that by using Our Services, you may be exposed to Content that might be offensive, distasteful, lewd, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Whozout Live LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through our Services or broadcast elsewhere.
Contributors and Users of Our Services are allowed to freely interact with other Users or Contributors on the Site, or they may choose to block other Contributors or Users from communicating with them, and it is completely up to each Contributor or User to choose who they commuicate to on Our Services. Contributors and Users are free to ignore anyone and may block anyone from communicating with them.
The Whozout Live App and our Services has no right or ability to control the activities of Contributors who broadcast, stream, transmit, create, post, upload, or stream Content through the Whozout Live App and our Services. In the event that a Contributor infringes upon a third party’s rights by creating, posting, uploading, or streaming infringing Content, that Contributor is the sole responsible party for such infringement, and the Whozout Live App and our Services has no control over such activity and no liability therefor.
The Whozout Live App and our Services has never directed, and never will direct, its users to broadcast, stream, transmit, upload or diffuse Content that infringes upon any right of a third party. Uploading or streaming Content that infringes on third-party rights constitutes a direct and material violation of this Agreement and will subject the uploading or streaming Contributor’s account to suspension and/or termination where appropriate.
The Whozout Live App and our Services appropriately presumes that the Contributor uploading or streaming any Content is the holder of all exclusive rights to that Content, except where the Content itself bears some obvious indication to the contrary, such as a visible proprietary mark identifying a person or entity other than the Contributor as the exclusive rights holder.
Where Content contains no obvious proprietary marking that indicates an exclusive owner different from the Contributor, the Whozout Live App and our Services shall not be deemed to have actual or imputed knowledge that such Content infringes upon any third party’s rights.
Your access to the Whozout Live App and our Services is for your own personal use only. You may not allow others to use the Service using your account(s) and you may not transfer your account(s) to other users, your are the sole responsible of your account and the content you transmit, broadcast, submit, post, stream or display on the Whozout Live App and our Services.
You are responsible for protecting and safeguarding the credentials you use to access the Whozout Live App and our Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). Whozout Live LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You understand and agree that through your use of the Whozout Live App and our Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Whozout Live App and our Services. As part of providing you the Whozout Live App and our Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Whozout Live App and our Services and your Whozout Live App account, which you may not be able to opt-out from receiving.
You retain your rights to any Content you transmit, broadcast, submit, post, stream or display on or through the Whozout Live App and our Services. In order to make the Whozout Live App and our Services available to you and other users, Whozout Live LLC needs a license from you, the Contributor. By transmitting, broadcasting, submitting, posting, streaming or displaying Content on or through the Whozout Live App and our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed or invented).
You agree that this license includes the right for Whozout Live App LLC to provide, offer, promote, advertise, develop and improve the Whozout Live App and our Services and to make Content submitted to or through the Whozout Live App and our Services available to other companies, organizations or individuals who partner with Whozout Live LLC for the syndication, broadcast, distribution, sharing, circulation or publication of such Content on other apps, media and services, subject to our terms and conditions for such Content use. This allows us to make your Content available to the rest of the world.
Such additional uses by Whozout Live App LLC, or other companies, organizations or individuals who partner with H Whozout Live LLC, may be made with no compensation paid to you with respect to the Content that you broadcast, stream, submit, post, transmit, distribute, contribute or otherwise make available through the Whozout Live App and our Services.
We may modify or adapt the Content your contribute in order to transmit, display or distribute it over computer networks, mobile devices and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for Your use of the Whozout Live App and our Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Whozout Live LLC will not be responsible or liable for any use of your Content by Whozout Live LLC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit and contribute to Whozout Live LLC, the Whozout Live App and our Services.
You are solely responsible for any information that you broadcast, post, display or transmit through the App and/or Service. You agree to keep all information contained on or provided through the App and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you.
You agree, understand and are aware that the Service may contain Content. that some may consider to be lewd, offensive, explicit, harmful, inaccurate, distasteful materials, that may be adult-oriented, provided only by and to consenting Users who are at least of Majority of Age.
You agree not to post, offer, discuss or arrange for pornographic or overtly strong sexual content, graphic content or violent content, illegal or dangerous content, misleading or deceptive content.
You will not use the Service to engage in any form of spam, harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or contain defamatory statements; or racist, obscene, offensive or other language which is not in accordance with your local laws and community standards.
You will not use the Service to distribute, promote or otherwise publish any material that constitutes or contains solicitation of funds, advertising or solicitation for goods or services.
This list is not exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Whozout Live App and our Services at any time, with or without notice, for engaging in any inappropriate activity, if you violate any of these guideline and/or any of the Terms.
By agreeing to the Terms this Agreement, you represent and warrant that all the communications you broadcast, transmit or stream on the Whozout Live App and our Services do not in any way infringe on anyone's intellectual property rights.
Whozout Live LLC, the Whozout Live App and our Services hereby asserts immunity with respect to all content provided by users or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act.
Users and others are prohibited from broadcasting, transmitting, streaming, uploading, sharing or in any way sharing or describing to anyone on or through the Whozout Live App and our Services any video, document, file, images or matters which, in our sole opinion, might be illegal or offensive, including, but not limited to, any communication violating any provision in the Terms and Conditions, any conduct that violates the prohibitions set forth under the Code of Conduct, and/or any other provision of this Agreement.
Whozout Live LLC is will not tolerate any scam, deceit, corruption and fraud. If you promise and agree to show your viewers, you must fulfill your promise. Taking user's tokens by failing to fulfill and carryout any promise or agreement will get you banned from the Whozout Live App and our Services.
Furthermore scams will not be tolerated. If you receive unusually large amount of tokens from any users, report these transactions. They may be an indication of problems with credit card fraud, cheating or some type scam.
You should be aware that, pursuant to federal law, require that the Whozout Live App and our Services maintain your records and information as prescribed by all applicable federal law(s) for tax and/or other purposes. This information will be provided to any law enforcement agency immediately upon their request, without any notice to you.
Whozout Live App LLC respects the intellectual property rights of others and expects users of Whozout Live App and our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act.
You agree that you will not use the Whozout Live App and our services to infringe on any privacy right, copyright, property right, or other civil right of any person, and you will not publish or forward any chain letters, advertisements, spam, or any similar commercial message through the Whozout Live App and our Services.
If you believe that your copyrighted content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) your contact information, including your address, telephone number, and an email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Periscope is:
Whozout Live, LLC
Attn: Copy Right Agent
2031 Eastern Ave., 1st Floor
Baltimore, MD 21231
This section limits the liability of Whozout Live LLC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively " Whozout Live Entities"). The limitations listed below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
(a). Whozout Live App and Its Services Are Available “AS-IS”
Your access to and use of the Whozout Live App and our Services or any Content is at your own risk. You understand and agree that the Whozout Live App and our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WHOZOUT LIVE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Whozout Live Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Whozout Live App, our Services or any Content; (ii) any harm to your mobile device, computer and/or system, loss of data, or other harm that results from your access to or use of the Whozout Live App and our Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Whozout Live App and our Services; (iv) whether the Whozout Live App and our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Whozout Live Entities or through the Whozout Live App and our Services, will create any warranty not expressly made herein.
(b). Links, External Links and Connections
The Whozout Live App and our Services may contain links to third-party, apps, websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such apps, websites or resources; or (ii) the content, products, or services on or available from such apps, websites or resources. Links to such apps, websites or resources do not imply any endorsement by Whozout Live Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such apps, links, connections, websites or resources.
(c). Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HU ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF THE HU APP AND OUR SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE HU APP AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE HU APP AND OUR SERVICES;
(iv) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
(v) ANY RISKS AND/OR CONSEQUENCES THAT MAY ARISE FROM BROADCASTING, TRANSMITTING OR STREAMING.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID WHOZOUT LIVE LLC., IF ANY, IN THE PAST SIX MONTHS FOR THE HU APP AND OUR SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HU ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
This section provides general terms and conditions that may or may not have been mentioned previously.
(a). Waivers and Severability
The failure of Whozout Live LLC to enforce or put into effect any right or provision of these Terms will not be deemed or considered a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
(b). Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence.
Claims, legal proceedings or litigation arising in connection with Whozout Live App and our Services will be brought solely in the federal or state courts located in the State of Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
(c). Entire and Full Agreement
These Terms, are the entire and exclusive agreement between Whozout Live LLC and you regarding the Whozout Live App and Services and these Terms supersede and replace any prior agreements between Whozout Live LLC and you regarding the Whozout Live App and our Services.
We may revise these Terms from time to time, and the most current version will always be at www.hustreaming.com/terms. If the revision, in our sole discretion, is material we will notify you through the Whozout Live App and Services.
If you do not wish to be bound by any such revisions to the Terms, you may not use the Whozout Live App and our Services.
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
You should, at a minimum, consider the following precautions if meeting or corresponding with anyone on the Whozout Live App and our Services and any social networking site:
Use common sense and be on the look out for scams.
Anyone who is able to commit identity theft can also falsify a user profile.
There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages.
Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return.
Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
All the money and gifts you send to other users, whether directly or indirectly, through the Site or outside of the Site, is done at your own risk.
We will not intervene or become involved in any dispute between Users.
The Whozout Live App and our Services allows users to buy Tokens ("virutal money")
The Whozout Live App and our Services may, but is not obligated to, permit sending and giving of Tokens in the form of Emoji's to Broadcasters and/or Contributors. To the extent that we decide to allow sending and the giving of Tokens, you acknowledge, consent and agree that:
Sending and giving Tokens is done at your own option and risk. Sending and giving Tokens is not required for use of the Whozout Live App and our Services.
Tokens are a form of appreciation, a voluntary gratuity and may not be given in exchange for specific services. Promising to give a Token in exchange for performance of any specific act is strictly prohibited. Such conduct will result in an immediate and/or lifetime ban from use of the Service.
All Tokens sent or given are immediately chargeable when made. We will not return a Token sent or given from your account except in situations that are deemed by us, in our sole and absolute discretion, to be extraordinary.
The Whozout Live App and our Services may, but is not obligated to, include a virtual, in-app purchase currency (“Virtual Money”) including, but not limited, to Tokens, that may be purchased from users for “real-world” money if you are a legal adult in your country of residence using in-app purchases with your mobile device.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Money as part of the Whozout Live App and our Services, you have no right or title in or to any such Virtual Money appearing or originating in the Whozout Live App and our Services, or any other attributes associated with use of the Whozout Live App and our Services or stored within the Whozout Live App and our Services.
Whozout Live LLC has the absolute right to oversee, manage, regulate, control, restrict, limit, modify and/or eliminate such Virtual Money in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Money are strictly prohibited except where explicitly authorized within the Whozout Live App and our Services. Except as expressly provided in this Agreement, you may not sell any Virtual Money for “real-world” money or otherwise exchange such items for value. Any attempt to exchange Virtual Money for actual currency, other than by following the process established by the Whozout Live App and our Services, is in violation of this Agreement and may result in a lifetime ban from the Whozout Live App and our Services and possible legal action.
All and Any Virtual Money that has not been purchased directly by you is forfeited if your account is terminated or suspended for any reason in our sole and absolute discretion, or if we discontinue providing the Whozout Live App and our Services.
The Whozout Live App and our Services may, but is not obligated to, permit users to follow other users. We reserve the right to rescind any user’s permission to follow other users. Users who follow other users will be able to receive notifications, but not limited to, when users are online and view user’s profile page.
We reserve the right, but have no obligation or responsibility, to monitor and view, screen shot and store any and all live broadcasts, streams, photos, videos, messages chats and content that take place through the Site. We are not responsible for any offensive or obscene Material(s) that may be in anyway transmitted by any users (including unauthorized users, including the possibility of “hackers”, etc…). As noted above, we are also not responsible under any circumstances for the use of any personal information, by anyone, that you in anyway transmit through the Whozout Live App and our Services.
We may, in our sole discretion, terminate, cease, end or suspend your access to all or part of the Whozout Live App and our Services at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement.
Any fraudulent, abusive, graphic or otherwise illegal activity may be grounds for termination of your access to all or part of the Whozout Live App and our Services at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
The Whozout Live App and our Service contains information that is proprietary to us and/or users of the Whozout Live App and our Services. We assert full copyright protection in the Whozout Live App and our Services, including all of the design and code embodied therein.
Any information broadcasted, transmitted, streamed, shared, uploaded and/or posted by us or by users of the Whozout Live App and our Services may be protected whether it is identified as proprietary to us or to the user.
You agree not to modify, alter, copy, circulate, share or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Whozout Live App and our Services are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Whozout Live App and our Services, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Whozout Live App and our Services, or any interruption or suspension of the Whozout Live App and our Services, regardless of the cause of the interruption or suspension. We may discontinue or change the Whozout Live App and our Services or its availability at any time, and you may stop using the Whozout Live App and our Services at any time.
Your account is private and may not be used by anyone else under any circumstances. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party.
As part of the registration process, you will use a unique username and password, which you must provide in order to gain access to the non-public portions of the Whozout Live App and our Services. You certify that, when asked to choose a username, you will not choose a name that falsely represents you as somebody else, or a name that may otherwise be in violation of the rights of a third party.
We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to cancel, at any time, the membership of any user who uses their selected username in violation of these Terms and Agreement or in any other way we deem inappropriate in our sole discretion.
Your membership, username and password are non-transferable and non-assignable. You represent and warrant that you will not disclose to any other person your username or password and that you will not provide access to the Whozout Live App and our Services to anyone.
You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. We will not release your password for security reasons.
You agree to (a) immediately notify the Site of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You agree that you are solely liable and responsible for any unauthorized use of the Whozout Live App and our Services using your account until you notify the Whozout Live App and our Services, by email at email@example.com regarding the unauthorized use or access.
Unauthorized access to the Whozout Live App and our Services is illegal and a breach of this Agreement. You agree to indemnify the H Whozout Live App and our Services with respect to all activities conducted through your account.
The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
The Whozout Live App and our Service is distributed on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service.
WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
We do not represent or endorse the accuracy, truthfulness, trustworthiness or reliability of any advice, opinion, statement or other information broadcasted, transmitted, steamed, displayed, uploaded or distributed through the Whozout Live App and our Services or any user of the Service or any other person or entity, associated or not with the Whozout Live App and our Services. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
We reserve the absolute right to modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the website:www.whozoutlive.com, the Whozout Live App and our Services. It is your responsibility to read any changes or modifications made. If you do not agree to any modifications, you should terminate your use of the Whozout Live App and our Services.
Your continued use of the Whozout Live App and our Services now, or following the posting or receipt of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, as modified.
Nothing in this Agreement is intended by you or Whozout Live LLC, the Whozout Live App and our Services to constitute an employment relationship, a joint venture, or collaboration between you and Whozout Live LLC, the Whozout Live App and our Services.
You acknowledge that you are in no way an employee or agent of Whozout Live LLC, the Whozout Live App and our Services and as such, you have no authority to act on the behalf or to bind Whozout Live LLC, the Whozout Live App and our Services to any obligation or agreement. This provision also applies to users promoting or making referrals to Whozout Live LLC, the Whozout Live App and our Services.
We reserve the right to send you email for the purpose of informing you of changes or additions to the Whozout Live App and our Services, or of any related products and services offered by the Whozout Live App and our Services or our affiliated entities.
To the extent that any User who receives compensation from the Whozout Live App and our Services (i.e. tokens from other users) and we are required by law or deem it necessary to provide you with tax documents related to such compensation, by executing this Agreement, YOU HEREBY AGREE AND CONSENT TO RECEIVE ANY SUCH TAX DOCUMENTS VIA ELECTRONIC MEANS, including via email and/or in Adobe .pdf format.
If you do not consent to, or opt-out of, electronic delivery of form 1099, you will receive a paper copy via regular U.S. mail. This consent is effective immediately for any tax documents we send you in the future, and will remain in effect until and unless revoked by you in writing.
To obtain a paper copy of any tax document we are required to provide or have provided to you, to revoke your consent to electronic delivery of tax documents, or to update your address or contact information on file with us, email firstname.lastname@example.org.
To resolve or report a complaint regarding the Whozout Live App and our Services or other users of the Whozout Live App and our Services, users should file a "report" directly from the Whozout Live App and our Services or send an email detailing their complaint to the following email: email@example.com. In appropriate circumstances, we will take immediate action in order to help resolve the problem.
You may become a user of the Whozout Live App and our Services by completing a mobile online registration form, which must be accepted by the Whozout Live App and our Services. Upon submission of the mobile online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to:
You must provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”); and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you remain a user of the Service.
You must promptly inform the Whozout Live App and our Services of all changes to the Registration Data, including, but not limited to, changes in your address, and any other requested information when registering to us the Whozout Live App and our Services.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Whozout Live App and our Services or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Whozout Live App and our Services has the right to suspend or terminate your account and refuse your current or future use of the Whozout Live App and our Services, as well as possibly subjecting you to criminal and civil liability.
You are responsible for rejected payments and any related fees that We incur with respect to your account. We have never and do not accept payment by check from Users to purchase Virtual Money. Any and all checks received by us will be destroyed or returned to you, as we may determine in our sole discretion.
We do not permit promotion of the Whozout Live App and our Services by email marketing. You acknowledge and agree that any email marketing by you will be grounds for immediate termination of your account without payment.
Payments will be processed every Monday of every week by 12:00:00A.M. EST. Submission of Payments will be automatically submitted every Monday of every week by 12:00 A.M. EST. Payments will be made to eligible aged verified and fully compliant users. In the event that you accumulate Tokens, you will not be entitled to receive payment, nor shall the Whozout Live App and our Services be liable for any such payment, unless and until the total amount of accumulated funds associated with your account exceeds Sixty U.S. Dollars (USD $60.00) which is 1,000 Tokens for that week period.
U.S. Residents will have two (2) options to receive electronic payments of their cashed out income: 10 Electronic transfer to their U.S. Bank Account, or 2) Electronic Payment using PayPal.
Non-U.S. Residents only have the option to receive Electronic Payments using PayPal.
All Verified App Users must submit the required information in order to receive eletronic payments every week. If changes to previously submitted bank account or PayPal accounts are to be made, they must first be approved by Our Services, and additional documents or forms may be needed to complete any changes.
In order to receive cash commissions, you are required to be age verified and fully compliant with all identification documents and tax related documents. Fully complaint might include, but it is not limited to, submission of your legal name, a copy of your government-issued photo identification, mailing address, birth date, telephone number, social security, your country or jurisdictions tax number, proper completion of all required U.S. tax forms and a selection of a preferred payment method. You the User are responsible of providing the correct requied information.
In addition, depending on the amount of commissions accumulated, you might be required to sign, notarize, and return an affidavit or declaration of eligibility, a liability release, an IRS Form W-9, W-8 or other Tax Forms and provide any additional information as may be required by the Whozout Live App and our Services.
Failure to provide any requested information may result in forfeiture of any unpaid Tokens. We reserve the right to charge a $20.00 payment reissue fee for replacing lost or misplaced payments that had previously been issued; this fee is assessed at time of reissue.
Unverified Users are Never Eligible to Get Paid/Cash Out Tokens
US Residents Only - Bank Account Processing Fees: There will be a charge Fifty Cents ($0.50 USD) to each App User per payment.
US Residents - PayPal Processing Fees: For PayPal Payments the recipients with in the U.S. their will be a PayPal fee which is 2% of total up to $1.00 per payment.
Non-US Residents - PayPal Processing Fees: For PayPal Payments recipients Outside of the US, their will be a PayPal fee which is 2% of the total up to a maximum of $20.00 USD, or the currency equivalent of $20.00 USD per payment.
These processing fees can and are subject to change, modification, adjustment without any notice or announcement to you the verified App user. You acknowledge and understand that these processing fees can change, be modified and/or adjusted at any time and without any notice.
If you believe that you have been erroneously paid an incorrect amount, please notify us immediately of such error. Contact us by email at: firstname.lastname@example.org.
Due to the payment system and third-party payment processors, only the same amount can be refunded which was originally paid. Whozout Live App and our Services is not liable or responsible for any 3rd party provider when processing payments for verified Broadcasters.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.) and federal common law of arbitration.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Whozout Live App and our Services hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place in the State of Delaware, exclusively.
Whozout Live App and our Services may allow you to use real money to purchase tokens ("Virtual Money") .Purchased In-App Tokens is subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. Whozout Live App and our Services does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Service Content, you agree that we may begin to supply you with your purchased Tokens immediately.
Unless otherwise specified, you agree that you have no ownership interest in your Whozout Live App and our Services Account or any In-Service content associated with your account, regardless of whether you “earned” or “purchased” such In-Service Content. You agree that In-Service Content, includes, but is not limited to Tokens and or any other virtual currencies received or purchsed, within Whozout Live App and our Services are for personal non-commercial entertainment purposes, have no independent value outside of Whozout Live App and our Services, and may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-SERVICE CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-SERVICE ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to using Our Service and start purchasing Tokens. If you do not agree or consent to this You are not allowed to use Our Services and must delete the App from your mobile device immediately.