©2019 by VLB

Terms of Use

1. Welcome
1.1 Vooodoo operates mobile applications, available for download on your mobile device (the "Voodoo Service").
1.2 The Voodoo Service is provided by VOODOO SAS ("Voodoo","we", "our", or "us").
2. Your relationship with us
2.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Voodoo Service.
2.2 By downloading and using the Voodoo Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the Voodoo Service.
3. Information about us
3.1 VOODOO SAS is a company registered in France, with its registered address at 82 rue du Faubourg Saint-Martin, 75010 Paris, France.
4. Information about you
Your privacy is important to us. You should read our Privacy Policy available on this website to understand how we collect, use and share information about you.
5. Description of the Voodoo Service
5.1 The Wizz Service allows you to navigate and watch videos made available by other users, share these videos with selected users as well as non-users and discuss in private channels with other users.
5.2 Any use of these social features should comply with our Rules of Acceptable Use below.
6. Setting up your account
6.1 To access the Wizz Service, you must download the Wizz App on your device, some features are only accessible if you set up an account by entering your phone number as well as the verification code we send you and choosing a username (your "Account").
6.2 You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use the Wizz Service.
6.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at wizz@vbl.io straight away to let us know.
7. Your right to use the Wizz Service
7.1 The materials and content comprising the Wizz Service (other than any User Content) belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Wizz Service in accordance with these Terms of Service.
7.2 Your right to use the Wizz Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Wizz Service does not stop us from giving other people the right to use the Wizz Service.
7.3 Unless allowed by these Terms of Service or as permitted by the functionality of the Wizz Service, you agree:
(a) not to copy, or attempt to copy the Wizz App or any other portion of the Wizz Service;
(b) not to give or sell or otherwise make available the Wizz App or any other portion of the Wizz Service to anybody else;
(c) not to change, or attempt to change the Wizz App or any other portion of the Wizz Service in any way;
(d) not to look for or access the code of the Wizz App or any other portion of the Wizz Service that we have not expressly published publicly for general use.
7.4 You agree that all confidential information, copyright and other intellectual property rights in the Wizz App or any other portion of the Wizz Service belong to us or the people who have licenced those rights to us.
7.5 You agree that you have no rights in or to the Wizz App or any other portion of the Wizz Service other than the right to use and access them in accordance with these Terms of Service.
8. Apple App Store Provisions
8.1 This paragraph 8 applies where the Wizz App has been downloaded from the Apple App Store. You acknowledge and agree that the Terms of Service are solely between you and Voodoo, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Wizz App or content thereof. Your use of the Wizz App must comply with the App Store Terms of Service.
8.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wizz App. In the event of any failure of the Wizz App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Wizz App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Wizz App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to Voodoo as provider of the Wizz App.
8.3 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Wizz App or your possession and/or use of the Wizz App, including, but not limited to: (i) product liability claims; (ii) any claim that the Wizz App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Voodoo as provider of the software.
8.4 You acknowledge that, in the event of any third party claim that the Wizz App or your possession and use of that Wizz App infringes that third party’s intellectual property rights, Voodoo, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.
8.5 You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.6 You and Voodoo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your licence of the Wizz App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your licence of the Wizz App against you as a third-party beneficiary thereof.
9. Other App Marketplaces and Platforms
9.1 This paragraph 9 applies where a Wizz App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform "):
(a) you acknowledge that the Terms of Service are between you and Voodoo, and not with the provider of the Distribution Platform ("Store Provider");
(b) your use of the Wizz App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
(c) the Store Provider is only a provider of the Distribution Platform where you obtained the Wizz App;
(d) Voodoo, and not the Store Provider, is solely responsible for the Wizz App;
(e) the Store Provider has no obligation or liability to you with respect to the Wizz App or the Terms of Service; and
(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms of Service as it relates to the Wizz App.
10. Your content
10.1 You confirm that any images, text or information that you make available or create ("User Content") while using the Wizz Service will meet the Rules of Acceptable Use.
10.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Wizz Service (including allowing users that you give access to any User Content to view and use your User Content).
10.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
10.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy available at http://getwizz.io which provides information on how we use your personal information.
10.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.
11. Rules of Acceptable Use
11.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Wizz Service (the "Rules of Acceptable Use").
11.2 When using the Wizz Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the Wizz Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the Wizz Service under your name or on your behalf unless such person is authorised by you;
(c) use the Wizz Service if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(e) modify, interfere, intercept, disrupt or hack the Wizz Service;
(f) misuse the Wizz Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Wizz Service or any user of the Wizz Service's own equipment;
(g) collect any data from the Wizz Service other than in accordance with these Terms of Service;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(i) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(j) use any User Content in violation of any licensing terms specified by the owner;
(k) submit or contribute any information or commentary about another person without that person's permission;
(l) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
(m) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Wizz Service in a manner that send more request messages to the Wizz Service than a human can reasonably produce in the same period of time.
11.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the relevant Wizz App or any other portion of the Wizz Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.4 The responses described in paragraph 11.3 are not limited, and we may take any other action we reasonably deem appropriate.
12. Notice and takedown policy
12.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the Wizz Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to wizz@vbl.io. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the Wizz Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
12.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
13. Ending our relationship
13.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Wizz Service, you must immediately stop using the Wizz Service.
13.2 Deleting the Wizz App might not close any Account you have created in relation to the Wizz Service. You must notify us if you wish to close your Account, and you can do this from your profile page in the Wizz application.
13.3 We may immediately end your use of the Wizz Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Wizz Service including these Terms of Service.
13.4 We may also withdraw any part of the Wizz Service as long as we give you reasonable notice that we plan to do this.
13.5 If you or we end your use of the Wizz Service or we withdraw Wizz Service as described in this section, we may delete any User Content that you have uploaded to the Wizz Service or any other information we hold about you. You will also lose any rights you have to use the Wizz Service or to access any of your User Content. You should therefore ensure that you keep a copy of any User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Wizz Service or User Content.
13.6 The termination of your use of the Wizz Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
13.7 Nothing in this paragraph 14 affects any legal rights you may have under the law of the country in which you are resident.
14. Our liability/responsibility to you
14.1 While we will do our best to ensure that the Wizz App themselves are of a reasonable standard and quality and match any descriptions of them we have provided you, the Wizz App and any other portion of the Wizz Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
14.2 In addition, due to the nature of the Internet and technology, the Wizz Service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Wizz Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Wizz Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
14.3 Since the Wizz Service is provided for free, in the event of a claim arising out of the provision of the Wizz App or any other part of the Wizz Service, we shall have no responsibility whatsoever to you.
14.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
15. Resolving disputes
15.1 If you have a dispute with us relating to the Wizz Service, in the first instance please contact us at wizz@vbl.io and attempt to resolve the dispute with us informally.
15.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
16. Changes to the Wizz Service
16.1 We are constantly updating and improving the Wizz Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Wizz Service.
16.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Wizz Service, or feature relating to the Wizz Service ("changes to the Wizz Service"). These changes to the Wizz Service may affect your past activities on the Wizz Service, features that you use and your User Content ("Service Elements"). Any changes to the Wizz Service could involve your Service Elements being deleted or reset.
16.3 You agree that a key characteristic of the Wizz Service is that changes to the Wizz Service will take place over time and this is an important basis on which we grant you access to the Wizz Service. Once we have made changes to any part of the Wizz Service, your continued use of the Wizz Service will show that you have accepted any changes to the Wizz Service. You are always free to stop using the Wizz Service.
17. Changes to the documents
17.1 We may revise these Terms of Service from time to time but the most current version will always be on the company website (http://getwizz.io) or in the relevant section of the Wizz App.
17.2 Changes will usually occur because of new features being added to the Wizz Service, changes in the law or where we need to clarify our position on something.
17.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
18. Documents that apply to our relationship with you
18.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
18.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Wizz Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
18.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
19. Severability
If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.
20. Law
French law will apply to all disputes and the interpretation of these Terms of Service. The French courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Wizz Service. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Wizz Service heard in the courts of that country.
21. Contact, feedback and complaints
21.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at wizz@vbl.io.
21.2 We value hearing from our users, and are always interested in learning about ways we can improve the Wizz Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.