If you have any questions concerning these terms and the services withaview provides, please contact us at [email protected]
1. General Terms
1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the withaview services (collectively, “Service” or “withaview”).
2. You agree that you will not solicit, collect or use the login credentials of other withaview users.
3. You are responsible for keeping your password secret and secure.
4. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws.
5. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio, and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
6. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any withaview service is rendered or displayed in a user’s browser or device.
7. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
withaview is based on amazing photos and videos from community members all over the world. Many of our members use contributed content in a professional way and it is our number one commitment to protect their rights.
By posting or uploading content, such as photos, videos, audio, descriptions, etc., protected by intellectual property rights and copyrights (Content), you expressly grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Content (License). In order to provide the Service, it is necessary that the Content posted or uploaded by you are stored, hosted on servers, made available for retrieval, is technically duplicated, displayed and made publicly accessible and advertised. Therefore, this License includes the right to reproduce, distribute and exhibit the Content, the right of recitation, performance, and presentation, the right of making the Content available to the public, to broadcast it for all types of reproductions, whether for film, electronic media, print or online services. The License also includes the right to edit or otherwise change the Content in any way respecting the peculiarity of the Content. Further, the License includes the right for withaview to fully or partially use the Content for promotional reasons and to alter photo titles, description, tags, and other accompanying information accordingly.
2. Revocation or Deletion
You can exercise your right of revocation at any time by deleting the Content or by terminating your account. In this event, the License specified above shall terminate. Please be aware that remote content persists in backups for a reasonable period of time (but is not accessible to others), if you delete the Content or your account.
3. Legal ownership
- You warrant that you are the sole owner of all rights in relation to the Content, including but not limited to copyrights and trademarks, related copyrights and that you are entitled to post or upload the Content, without infringing any such rights. You are obligated to ensure that any identifiable person imaged on a photo/video you post or upload has consented to such use where legally required. If third parties assert claims against withaview in this regard, you shall be obliged to indemnify us from all costs and claims, as far as you are liable.
- The copyright for your posts and images will remain basically with you as a user if these posts and images are copyrightable. However, you as a user vacate withaview with setting a post or an image the right to permanently save the subject on its website and other products. In addition, withaview has the right to delete your posts or images, edit, move or close them. Furthermore, you are aware that all of your published content is reproduced and made publicly available to third parties. Thus it is also possible to retrieve and download the content posted. This third party use and acts of reproduction made possible that both can not be controlled by the user and the withaview.
- In the event of termination of the account the aforementioned rights still remain.
- withaview is not responsible for acts of exploitation of users of the Service or any third party.
4. Use of withaview
You are responsible for ensuring that you use the services of withaview only in accordance with applicable law and these Terms & Conditions. In particular, it is not allowed to
- upload, post or make publicly accessible any content that is harassing, defamatory, threatening, obscene, pornographic, hateful, violence-glorifying, racist or in any other way legally objectionable;
- make publicly available or disseminate content that contains programs or files that could damage anyone’s hardware or software, e. g. viruses, worms, Trojan horses, etc.;
- make publicly accessible and/or otherwise disseminate commercial advertising, junk mail, mass e-mail (“spam”), chain letters or pyramid schemes;
- allow others to access your account, especially to upload or post Content through your account, or to sell or otherwise transfer your account;
- attempt to gain unauthorized access to another person’s account or otherwise interfere with their use;
- indicate false or misleading information when using the website, in particular with regard to the origin or source of Content you post or upload;
- copy any Content of other registered members of withaview. Any use of the Content, even in extracts, especially for commercial purposes requires the prior permission of withaview. In principle, the registered members of the website are eligible as copyright holders. We will provide all the photos/videos with the name of the member who posted, uploaded them to the website or was the original author by license.
5. Right of control
We reserve the right to check, edit, delete or block your Content, namely your photos/videos, under preservation of the respective moral rights. However, we do not assume any obligation to check, edit, delete or block them, whether they violate your membership obligations or whether they violate the law.
3. Responsibility of website, browser extensions and mobile application visitors or users
withaview has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, browser extensions, and mobile applications, and cannot, therefore, be responsible for that material’s content, accuracy, use or effects. By operating the website, browser extensions, and mobile applications, withaview does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website, browser extensions and mobile applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website, browser extensions, and mobile applications may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. withaview disclaims any responsibility for any harm resulting from the use by visitors/users of the website, browser extensions, and mobile applications, or from any downloading by those visitors/users of content there posted.
4. Content posted on other websites, browser extensions, and mobile applications
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, browser extensions and mobile applications and webpages to which withaview services link, and that link to withaview services. withaview does not have any control over those non-withaview websites and mobile applications and webpages and is not responsible for their contents or their use. By linking to a non-withaview website and mobile applications or webpage, withaview does not represent or imply that it endorses such website and mobile applications or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. withaview disclaims any responsibility for any harm resulting from your use of non-withaview Websites and mobile applications and webpages.
5. Copyright infringement and DCA policy
As withaview asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by withaview services violates your copyright, you are encouraged to notify withaview in accordance with withaview’s Digital Copyright Act (“DCA”) Policy. withaview will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. withaview will terminate a visitor’s/user’s access to and use of the Website, browser extensions, and mobile applications if, under appropriate circumstances, the visitor/user is determined to be a repeat infringer of the copyrights or other intellectual property rights of withaview or others. In the case of such termination, withaview will have no obligation to provide a refund of any amounts previously paid to withaview.
Intellectual Property: This Agreement does not transfer from withaview to you any withaview or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with withaview. withaview, withaview Tabs, withaview.co, the withaview logo, and all other trademarks, service marks, graphics and logos used in connection with withaview, or the Website, browser extensions, and mobile applications are trademarks or registered trademarks of withaview or withaview’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, browser extensions, and mobile applications may be the trademarks of other third parties. Your use of the Website, browser extensions, and mobile applications grants you no right or license to reproduce or otherwise use any withaview or third-party trademarks.
withaview reserves the right to display advertisements on any of withaview services unless you have purchased an Ad-free Upgrade or a VIP Services (Plus) account.
Attribution. withaview reserves the right to display attribution links such as “withaview.co’s” sticker attribution on the Website, browser extensions, and mobile applications. Linking withaview services with other services. By linking your withaview account with other accounts you own at third-party providers such as Facebook, Google, Twitter, Pinterest, Instagram, you agree to the terms of service of those providers. You can opt out of their terms of service at any time by de-connecting your withaview account from your accounts that you have there.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
withaview reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website, browser extensions, and mobile applications following the posting of any changes to this Agreement constitutes acceptance of those changes. withaview may also, in the future, offer new services and/or features through the Website, browser extensions and mobile applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
withaview may terminate your access to all or any part of the Website, browser extensions, and mobile applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your withaview.co account (if you have one), you may simply discontinue using the Website, browser extensions, and mobile applications. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website, browser extensions, and mobile applications are provided “as is”. withaview and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither withaview nor its suppliers and licensors make any warranty that the Website, browser extensions, and mobile applications will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website, browser extensions, and mobile applications at your own discretion and risk.
9. Limitation of liability
In no event will withaview, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to withaview under this agreement during the twelve (12) month period prior to the cause of action. withaview shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless withaview, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, browser extensions, and mobile applications, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between withaview and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of withaview, or by the posting by withaview of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website, browser extensions, and mobile applications will be governed by the laws of the Republic of India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the county court of the first district in Bharatpur, India or the commercial court located in Bharatpur, India. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bharatpur, India, in the Hindi language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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 assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; withaview may assign its 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.