Terms of service

  1. Terminology: words beginning with a capital letter have the meaning defined in this article:
    1. Actions
      1. Acquire: The action by which a User licenses a Content
      2. Consume: The action by which a User or a Visitor uses a Content from the Platform
      3. Delete: The action by which a User deletes a Content from the Platform
      4. Distribute: The action by which a User makes available a Content to a Consumer
      5. Export: The action by which a User downloads Content from the Platform
      6. Import: The action by which a User uploads Content on the Platform
      7. License: The action by which a User issues a Licence
      8. Publish: The action by which a User makes Imported Content visible to Users
      9. Register: The action by which a User acquires an Identity
      10. Transmit: The action by which a User streams Content
      11. Unpublish: The action by which User makes Published Content unvisible to Consumers
    2. Chain Payment: A form of payment in which a User pays a multiplicity of other Users (possibly including the Company)
    3. Company: The company that administers the Platform: WimLabs S.r.l., Piazza Edmondo de Amicis 121 bis, I-10146 Turin (Italy), email info@wimlabs.com, VAT number 10539730019
    4. Content: Resources such as audio and video Imported into or Transmitted through the Platform, integrated with metadata and made available to Users and Visitors under the conditions specified in a Licence
    5. Identity: The username-password pair that uniquely identifies a User in a Role
    6. Information
      1. Mandatory: Information the Platform requires to a Visitor to become a User, specifically
        1. Name and Surname
        2. Date of birth
        3. User name and password
        4. Email address
      2. Optional: Information that may be required by a Platform Service to a User, so that User can access that Platform Service, e.g.
        1. Company name (in case the user is affiliated to a legal entity)
        2. Address (own or company's)
        3. Tax Code (own or company's)
        4. PayPal account (own or company's)
      3. Usage: Information generated by Users with their actions and interactions
    7. Licence: A licence issued by a User (Licensor) to another User (Licensee)
    8. Licensee: A User who receives a Licence
    9. Licensor: A User who issues a Licence
    10. Package: a combination of storage and transmission capability - both measured in Gbytes - that Users can purchase on a 30 day – 90 day – 180 day – yearly basis to access the Service
    11. Personal Data: the data requested from Users for them to be able to use the Services. For information on what data are required, for what purposes, what treatments are done, who is the owner and the person in charge of the treatments, send an email to Company at info@wimlabs.com
    12. Platform: The technological platform that provides the Import, Export, Distribution, Publication and Transmission digital media services, and rights Acquisition and Sale
    13. Role: A function performed by a User on the Platform
      1. Consumer: A User who consumes Content
      2. Creator: A User who uploads Content on the Platform
      3. Distributor: A User who provides Content to Consumers
      4. Purchaser: A User who obtains a Content Licence from another User
    14. Service: The service offered by the Platform
    15. Terms of Service: the document (this document) which provides the terms at which the Company provides the Service and the rules that Users and Visitors must observe to use the Platform
    16. User: a user who has acquired an Identity on the Platform
    17. Visitor: A user who has not acquired an Identity
    18. Website: The website that provides the Service

  2. Registration:
    1. Registration is mandatory for Users
    2. Registration is not required for Visitors
    3. To become a User, a user must be over 18 years of age
    4. Users may have a different Identity for each Role played, or a single Identity for some or all the Roles performed on the Platform
    5. Users are solely responsible for maintaining the confidentiality of their Identities and are responsible for all activities that occur under their Identities
    6. Users undertake to immediately notify the Company about any unauthorised access to their Identity, and to report any breach of security, as soon as it becomes known, by sending an email to the Company at info@wimlabs.com

  3. User Data:
    1. The Platform requires to provide Obligatory Information and, optionally, Optional User Information. These will be used exclusively by: Company, subcontractors, employees – e.g. to provide support services -, agents and consultants – e.g. to provide service notifications - and more generally for administrative and accounting purposes. For information regarding the processing of personal data send an email to the Company at info@wimlabs.com
    2. Users may at any time access and modify their Mandatory Information and Optional Information.
    3. Users can report alleged violations of GDPR principles regarding their Mandatory Information and Optional Information by sending an email to the Company at info@wimlabs.com
    4. User who decide to cancel their Identity can send an explicit request to the Company at info@wimlabs.com
    5. Company processes User data by using tools that guarantee User data integrity and prevent access by unauthorised entities.
    6. The Mandatory, Optional and Usage Information will be kept private and confidential. However, at its discretion, the Company may disclose Mandatory, Optional and Usage Information to the police, public and regulatory authorities or legal advisers in connection with any activity related to alleged violations of these Terms of Use, including but not limited to any claim of infringement by the User or where required by law.
    7. Users are notified that, pursuant to art. 13 of Legislative Decree no. 196/2003 'Code regarding the protection of personal data' and its possible subsequent modifications/updates, this data protection notice is served by the Company, as the subject responsible for the processing of User data. Users can ask any question on this subject to the Company by sending an email to info@wimlabs.com
    8. User data will be processed manually and/or electronically and stored on physical and electronic media, in compliance with the laws in force, in order to allow the company to offer Users the Services requested once these Terms of Service are accepted. Consequently, pursuant to art. 24 of the aforementioned Code regarding the protection of personal data and its possible modifications/updates, consent to the processing of the said data is not required. According to the Code regarding the protection of personal data and its possible modifications/updates, Users have the right, among other things, to autonomously update, rectify and integrate, or to cancel their data. In the latter case an appropriate request shall be sent to the Company at info@wimlabs.com. Access to the Service will then no longer be possible.

  4. Contents:
    1. Users are solely responsible for their Imported, Published, Licensed or Transmitted Content and the consequences of having Imported, Published, Licensed or Transmitted Content.
    2. User states and guarantees:
      1. To be the owner of the Content Imported, Published or Licensed on the Platform, or Transmitted live through it or, alternatively, to have the necessary licenses, rights, consents and permits to use all patents, trademarks, secrets, copyrights or other proprietary rights, including, without limitation, the musical recordings contained therein.
      2. To have written consent, the release and/or permission of each person identifiable in any Imported or Transmitted Content, to use the name or the appearance of each individual identifiable in the Content.
    3. Users who Import Content or Transmit Live Content via the Platform are required to
      1. Confirm that they are the full owners of the rights on the Imported or Transmitted Content, thereby freeing the Company of any responsibility
      2. Set the terms and conditions under which they permit Users and Visitors to use their Content.
    4. Users who Import to, Publish on and Transmit Content via the Platform remain the sole owners of the Content rights and the Company makes no ownership claim on the Imported, Published and Transmitted Content.
    5. Users are solely responsible for finding other Users who can contribute to Distribute Content to be eventually consumed, by granting appropriate Licenses, or by impersonating themself those Roles that allow them to achieve their goal.
    6. Contents of pornographic type, violent, offensive against religions, gender, races and political ideologies are excluded from the Platform.
    7. The Company reserves the right to remove from the Platform Content deemed inappropriate or for which it has received notification under the Copyright Directive of the European Union, the Digital Millennium Copyright Act of the United States of America and similar legislation.
    8. Consumers can report Content Published as not appropriate by sending an email to the Company at info@wimlabs.com.
    9. The Platform will ensure that Users comply with the terms of the License assigned to the Content intended for use within the Platform. However, unless there are special and properly announced agreements between the Company and specific environments outside the Platform, the Platform is unable to enforce or even track the use of the Content that Users have licensed to environments outside the Platform.
    10. The Company does not guarantee that the Content of the Site is appropriate or available for use in other territories outside of Italy and accessing it from territories in which the Content is illegal is strictly prohibited. Users who access the Website from a place outside of Italy are the sole responsible for compliance with all local laws.
    11. Considering that, at the current state of the art, there are no systems that can guarantee totally secure distribution of online content, the Company is not able to guarantee that the Platform is free from attacks on its protection measures, including its content protection technology. In any case, the Company guarantees that, if its protection measures are compromised, it will act promptly to resolve the problem as quickly as possible.
    12. Users may Delete their Imported Content at any time as long as it is Unpublished and it has not been Licensed to other Users for a period that extends beyond the time the Content is intended to be Unpublished.
    13. The Content on the Platform is the property of the rights holders defined and whose rights are exercised according to the Italian law on Copyright and Trademarks, foreign laws, and international conventions.
    14. The unauthorised use, copy or distribution of any Content is prohibited. When these actions are expressly granted, the 'embedded code' technology can be used. In general, the Platform has been designed to maximise the legitimate use of Content and Users should be able to obtain Licenses appropriate to their specific needs.

  5. Payments:
    1. The Company charges a commission, on the first transaction in the case of Chain Payments, for each payment made on the Platform, for Content Distribution and Licencing
    2. The fee retained by the Company is 30%, inclusive of the fee retained by PayPal on the transaction, unless the Company has made a specific agreements with the User.
    3. It is not possible to publish paid content during the trial period (Trial)
    4. It is not possible to publish paid content at a price lower than € 2
    5. Users who consume paid Content
      1. Can only consume it on the device and with the same browser with which the payment was made
      2. Should not delete cookies and/or the browser cache of the device used to make the payment
      3. Should not close or update the browser after making a payment or while a payment is being processed.

  6. Platform:
    1. All copyrights, trademarks, service marks and other intellectual property rights of the Platform (including design, layout, and look and feel) and all material or content provided as part of the Site and Contents, remain at any time property of the Company, its affiliates, associates, and/or licensors.
    2. The names, images and logos identifying the Company are trademarks of the Company and/or its licensors and/or affiliated and/or associated companies. Nothing contained herein should be construed as conferment by implication, foreclosure or otherwise license or right on any trademark or service mark of the Company, affiliated and associated companies, or third parties, unless otherwise agreed.
    3. The information, software, products and services included in, or available through the Platform are constantly updated and improved. The Company does not claim that they are reliable, accurate, complete or otherwise valid. Therefore, the Platform is provided as-is without any warranty and Users use the Service at their own risk. The Company expressly disclaims any warranty, express or implied, regarding the Platform or its contents, including, but not limited to, the guarantees of marketability and satisfaction of a purpose, suitability for a particular purpose, non-infringement of rights, compatibility, security and accuracy.
    4. The Company does not guarantee that the functionality provided by the Website will be uninterrupted or error-free, that the defects will be corrected or that the Website, that the servers that activates it are free of viruses or bugs and that any material is full functional, accurate or reliable.
    5. The Company may change, suspend or discontinue any aspect of the Site, including the availability of all functions of the Site, at any time, without notice or liability.
    6. To the extent that this is permitted by applicable law, under no circumstances will the Company and/or its employees, agents or affiliates be held responsible for any direct damage, or any kind of damage, including and without limitation for loss of use, data or profits, deriving from or connected with the use or operation of the Platform or services connected with delays or inability to access, supply or non-provision of services, or for any information, software, products, services and graphics related to them obtained through the Platform, or otherwise deriving from the use of the Platform, based on contractual liability, unlawful conduct, negligence or otherwise, even if the Company or any of its affiliates have been informed of the possibility of such damages.
    7. Users can use the Platform in free or in paid mode by activating a Package from their account
      1. Packages give Users the right to use a certain 'space' to store and stream their Content. The Company reserves the right to Delete the videos whose size exceeds the Package of a User.
      2. The Company reserves the right to permanently cancel all the contents of users whose Package has expired for more than 90 days and has not been reactivated.
      3. Packages have a duration of 30 days starting from the subscription date.
      4. Users must renew, upgrade (move to a higher Package) and downgrade (move to a lower Package) for all other Packages.
      5. A renewed Package will be active starting from the 1 calendar day following the day the currently active Package expires
      6. An upgraded (larger)/downgraded (smaller) Package will be active as soon as payment is made.

  7. General:
    1. By accepting these Terms of Service, Users
      1. Consent to and are bound by these Terms of Service
      2. Recognise that the Company has no access to the Content of the Users, except for the purpose of Deleting inappropriate Content
      3. Indemnify and hold the Company, its employees, agents, representatives and other strategic partners harmless from and against any third party claims arising out of or in any way connected to the use of the Platform, including any liability or expenses arising from claims, losses, damages (actual and consequential), case, judgment, court costs and legal expenses, of any kind and nature.
    2. These Terms of Service are governed by and interpreted according to the laws in force in Italy. Disputes arising from these Terms of Service or use of the Company's website will be subject exclusively to the jurisdiction of the Italian courts. Any cause Users may have regarding the Services or the use of the Web Site must be initiated within one (1) year of the complaint, under penalty of nullity of the legal action.
    3. The Company reserves the right to modify these Terms of Service at any time by publishing such changes on the Company's home page and on the Web Site
    4. All rights not expressly granted are reserved.