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Terms & Conditions

These Terms & Conditions (“Ts & Cs”) apply when you use the WenWe app, website, WenWe PhotoBooths and other services provided by us.

Some WenWe services, including our PhotoBooths, may be used without creating a WenWe account. Where you use those services, the relevant parts of these Terms & Conditions still apply to you.


These Terms & Conditions govern the agreement between you and us when you’re using WenWe.


We’re based in the Isle of Man, which is a British Crown Dependency, and we’re called Out of View Limited. Our details are:


Company Number: 126816C


Registered Address: 36 Hope Street, Douglas, IM1 1AR, Isle of Man


In the UK, we are represented by Venture Works UK Ltd, a separate legal entity acting on our behalf for UK-related matters. Their trading address is 175 Oxford Street, London W1D 2JH.



Our Concept


We don’t sell your information to third parties, we don’t bombard you with advertising and we don’t have a public area. The WenWe app works on iOS and Android. It’s for you and your friends to share videos and images and swap messages, leaving us to turn them into mini films – a WenWe - for you to treasure. You’ll find our PhotoLab shop on the app where you can transform your images into prints and LithoPanes. We hope you’ll visit our store in

London’s Soho where you can take pictures in our PhotoBooths and watch 3D LithoPanes being printed.



Minimum age


You can only use WenWe if you are 13 years of age or above, so if you’re younger than that you’ll have to wait a year or two – sorry about that. We’d be happy for anyone to use WenWe, but international regulations don’t.


We rely in part on Google and Apple age controls when they allow you to download our App. However, by using

WenWe you confirm that you meet the minimum age requirements applicable in your country and that any information you provide about your age is accurate. If you are under 18, you confirm that your parent or guardian has reviewed and agreed to these Ts & Cs.



Your Account


To use WenWe you need to create an account.


We’ll only ask you to provide an email and User Name – you don’t need to provide a password, that’s taken care of by our magic link. In your profile you can add a picture and there’s the option to provide us with your date of birth.

We don’t give this information to third parties.


You shouldn’t let anyone else access your account. If you know or suspect that any third party has accessed your account, you should let us know.


We may require you to verify your email address or identity where reasonably necessary for security, fraud prevention or compliance with applicable law.


By creating an account you agree to and are bound by these Ts & Cs.



Once you have an account


You can use the platform to create, join and view Albums and WenWe’s - film montages produced from a collaborative pooling of images and video clips contributed by you and your friends.

As a free or “Classic” user you’ll be able to leave messages and use all of WenWe’s features with 5GB of storage.

You can subscribe to become a Member by paying £1.99 per month. Membership gives 25GB of storage, 10% off eligible PhotoLab purchases, 50% off your first PhotoLab order and one complimentary PhotoBooth session.



Referral Offers


From time to time we may offer referral promotions or rewards.


For example, we may offer free Membership periods where you successfully invite new users to download and join WenWe.


Unless we state otherwise at the time of the offer:
A referred user must be a genuine new user of WenWe and must create an active account using your referral link or code.


Self-referrals, duplicate accounts, fake accounts, automated registrations or other attempts to manipulate the referral system are not permitted.


Referral rewards are personal to your account, have no cash value and cannot be transferred or exchanged.


We may withhold, suspend or remove referral rewards where we reasonably believe the referral system has been abused or manipulated.


We may change, suspend or end referral promotions at any time. This will not affect rewards already properly earned before the change takes effect.


If a referral offer gives you free Membership for a period, at the end of that period we will automatically commence charging you the appropriate subscription.



Safety


We use our own resources and reports from you and our other users to protect the platform.


We ask you to help us by reporting any unsuitable content, which we’ll always investigate. We may remove, restrict or disable access to any content that we reasonably believe breaches these Ts & Cs, applicable law or the safety of our users.


We hope we get it right, but we know we can make mistakes. If you believe that we should or shouldn’t have removed content we’ll listen and review our decision.


We do not routinely monitor private messages, WenWe’s or Albums, but we reserve the right to review content where reasonably necessary to investigate suspected breaches of these Ts & Cs, illegal activity, security issues,
abuse reports or to comply with legal obligations.



Privacy


When you create or contribute to a WenWe it will either only be visible to the Participants in that WenWe – “Private” - or visible to all users you have accepted as Friends on the platform – “Open”.


It will depend on what preference you’ve chosen when you set up your WenWe and that’ll be made clear to anyone contributing to it.


The Privacy status of a WenWe can only be changed when it’s Active. After it’s closed its setting can’t be changed.


Albums are always private and can only be seen by you and your contributors.


A contributor always has the option to remove themselves from a WenWe or Album together with all their clips, anytime before the WenWe is released.


If you contribute a clip to your own or someone else’s WenWe or Album, you acknowledge that it can be downloaded or shared by any of the contributors and may be posted on social media or circulated publicly, subject to these Ts & Cs including any restrictions relating to licensed music.


You can get more information by reading our Privacy Policy.



Our Charges


We give you a free storage allocation and access to all our features. Here are the details:


Free or “Classic” user - 5GB free storage for your WenWe’s and as much usage as you like.

Member - £1.99 a month – 25GB of storage plus 10% off eligible PhotoLab purchases, 50% off your first PhotoLab order and one complimentary PhotoBooth session.

Plus Member - £3.49 a month – 100GB of storage and all other Membership Benefits.


We may change pricing, storage allocations or membership benefits in future. If we do, we will notify you before the changes take effect.


Membership subscriptions renew automatically until cancelled through the relevant app store or payment provider. If you cancel, your Membership benefits will continue until the end of your current billing period.



Fair Discussion


We encourage respectful and lawful discussion and debate. We believe that it’s healthy to put forward views that differ from other people’s, provided it’s respectful and legal.


What you mustn’t do


You must not use WenWe for any of the following:

  • Misinformation - you must not spread harmful misinformation that incites hate or prejudice or that misleads about or improperly influences elections.

  • Third Party Rights - You must not infringe anyone else’s intellectual property, privacy and/or personality rights.

  • Respect - You must not post anything that constitutes a threat of any kind or which intimidates or harasses others, including posting any material that is intended to mock, humiliate, embarrass, intimidate, or hurt an individual.

  • Pornography - You must not post anything obscene or pornographic.

  • Discrimination - You must not post anything that promotes violence or discrimination based on race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender identity, serious disease, disability, immigration status or age.

  • Illegal Activity – You must not use WenWe to commit, promote or facilitate unlawful activity of any kind.



Report


You can report content which breaches these Ts & Cs through the reporting functionalities provided on the platform. Contact information is given at the end of this document.

Your Responsibility for Content


When you create a WenWe or Album, you are responsible for its content and you can delete any messages and images that you like.


We do not routinely monitor private messages or user content.


As a creator or contributor, it’s your responsibility to have all the rights needed to create, post or share clips and any music you upload on the platform.


You remain solely responsible for all content you upload, share, post or send using the platform.


We may remove or restrict access to any content if we believe it is in breach of these Ts & Cs.


If we remove or restrict access to content, we will notify you and state the reasons for our decision. If you disagree, you can appeal and we will review our decision.


You are free to remove your own content from the platform at any time.



Music


We provide a selection of licensed music tracks that you can use when creating your WenWe films. We licence these tracks for your use from a third party and you need to abide by their rules. These tracks are licensed for personal, non-commercial use subject to the restrictions below.


You may download a completed WenWe film containing our licensed music to your personal device and share the completed film with friends and family, including through private messaging services, email and your personal social media accounts, provided your use remains personal and non-commercial.

You must not use a WenWe containing our licensed music:

  • for any commercial purpose;

  • by or on behalf of a business or brand;

  • in advertising, marketing or promotional material;

  • in sponsored, affiliate, branded or monetised content;

  • in a boosted post, paid media or other paid promotion;

  • in content created for a third-party client; or

  • in any commercial product, service or campaign.


You must not extract, separate or copy our licensed music from a WenWe or make it available as standalone audio, a music download, template, stock asset or other reusable element. You must not distribute a WenWe containing our licensed music to music streaming services, broadcast outlets, theatrical exhibition, paid media platforms or other commercial distribution channels.


The music must remain part of the completed WenWe film in which it was originally included.


You may also upload your own music or include videos containing music. If you do so, you are responsible for ensuring that you have all rights, licences and permissions necessary to use and share that music. Music that you upload yourself is not covered by our music licences.


If you are unsure whether you have the necessary rights to music contained in a video, we recommend switching off the sound on your source video under Settings, which is off by default.


If you use music in breach of these Terms, we may remove or disable the relevant content, prevent further sharing through WenWe, suspend your ability to use music or other features, or suspend or terminate your account. We may take appropriate action against repeat breaches.


If you use music outside the permissions set out in this section, you will be responsible for that use and for any resulting claims, losses, liabilities, damages, costs or expenses.



The WenWe Store


If you visit our store in London’s Soho, you can use our PhotoBooths and collect orders you may have placed for prints and LithoPanes.


If you have ordered a LithoPane its production process may be live streamed and shown at the Store or posted on YouTube or other sites.


Such livestreams are intended to show the printing process and not to publicly identify customers personally.


You acknowledge that you agree to this by placing an order for a LithoPane.



PhotoLab Orders


PhotoLab products including prints and LithoPanes are personalised items made using your uploaded content.


Because these products are personalised, orders cannot usually be cancelled or refunded once production has started, unless the item is faulty, damaged or not as described.


You are responsible for ensuring that all uploaded images and order details are correct before placing your order.

Delivery times are estimates only and may occasionally be affected by production, supplier or shipping delays outside our control.


Please note that LithoPanes usually come with a small torch which is a choking hazard for small children.

Nothing in these Ts & Cs affects your legal consumer rights relating to faulty or misdescribed goods.



PhotoBooths


WenWe PhotoBooths allow you to take photographs and, depending on the options you choose, receive printed photographs and/or digital copies of your images. You do not need to have a WenWe account to use a PhotoBooth.


Please make sure that everyone taking part in a PhotoBooth session is happy to be photographed. If children are included, the person responsible for them should be satisfied that they can take part.


Your PhotoBooth photographs are for your personal use and you are responsible for how you use or share them after your session.


We give you the option to allow your PhotoBooth photographs to be displayed on a WenWe photo and video wall, screen, website, social media or other promotional material. We will only do this where you have chosen to give us permission. Giving permission is optional and does not affect your use of the PhotoBooth.


Where digital copies of your photographs are provided through WenWe, their storage, downloading and sharing will also be subject to the relevant provisions of these Terms & Conditions.


If a PhotoBooth or printer develops a fault during your session, we will do our best to put things right. Where you have paid for a session and we are unable to provide the PhotoBooth service or prints you purchased, we will provide an appropriate replacement session, reprint or refund and an apology!



WenWe Connect


WenWe Connect is an optional PhotoBooth experience that allows groups or individuals to answer a series of questions and see how closely their answers match with those of other participants.


Connect is intended to be a fun way of helping people make new connections. Match scores are calculated from the answers given. They are not intended to assess whether people are genuinely compatible and should not be relied upon for that purpose.


If you choose to take part in Connect, your answers, PhotoBooth photograph and group name (where applicable) will be used to compare you with other participants taking part in Connect and to produce potential matches.


Where a match is made, your PhotoBooth photograph and group name (where applicable) will be shown to the participant or group you have matched with. Their photograph and group name (where applicable) will be shown to you.


By taking part, you agree to this use of your photograph, answers and group information for the purposes of providing the Connect service.


We do not provide participants with each other's contact information. Connect only provides the photograph and group name (where applicable) of the participants who have matched.


Taking part in Connect does not require you to contact or meet anyone you are matched with. If participants choose to contact, communicate with or meet each other, they do so independently of WenWe.


Please treat other participants respectfully if you do make contact.



Data Storage


While you remain on the platform we store all your photos and films, unless you have deleted them or run out of storage space.


We store this data on our own and third party servers.


We have robust storage and backup facilities and it is very unlikely that your data will be lost. However as with any data storage system, it could be.


You are responsible for maintaining your own backups of important content.



Comments


If you choose to submit comments, ideas or feedback to us, which we welcome, you agree that we are free to use them for the purposes of operating, developing and improving the Platform without compensation to you.



Content


The content on the platform is posted by third party users. Consequently, we cannot make any guarantee over the content and in particular that it is accurate, legal or will not offend.



Intellectual Property


All rights in the WenWe platform, software, branding, design and features belong to us or our licensors. These Ts & Cs do not transfer any ownership rights to you.



Service Availability


We do not guarantee that the platform will always be uninterrupted, secure or error-free. Maintenance, updates, technical problems or events outside our control may occasionally affect availability.



Leaving the platform


You may end this agreement and use of the platform at any time by closing your account.


You will no longer have access to your content.


Some of your content may still be available on the platform after you delete your account including WenWe’s that you collaborated with or WenWe’s you invited collaborators to.


If you are an EEA-based consumer, then you can also close your account and withdraw from this contract at any time.



Breach of Ts & Cs


Please don’t breach these Ts & Cs.


If we suspect you have, you acknowledge that we are allowed to take down some or all of your content, or suspend your access to some or all the features of the platform.


We might also temporarily or permanently suspend or terminate your account.


If we have previously terminated your account for breaches of these Ts & Cs, but you use our platform again, we are entitled to suspend or terminate any such accounts.


If we do have to terminate your account, we will notify you in advance in order to allow you time to download your data, unless it is not appropriate for us to do so or we reasonably believe that continued access to your account will cause damage to us, our users or other third parties, or we are legally prevented from doing so.


We’re not perfect and if you think we have made a mistake in suspending or terminating your account, you can appeal and we will review our decision and decide again.



Damages


We do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Ts & Cs.

To the maximum extent permitted by law, and subject to the liabilities which cannot lawfully be excluded or limited, our total liability to you for claims arising from the platform shall not exceed the greater of:


The amount paid by you to us in the previous 12 months; or £100.


Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up, or are legally always entitled to as a consumer in your country of residence.


If you post uncleared material, you may be liable to third parties for damages. Any ensuing legal action, their cost and damages are your responsibility. The platform has no liability for these costs.


If you defame or libel anyone, you may be liable to third parties for damages. Any ensuing legal action, their cost and damages are your responsibility. The platform has no liability for these costs.


We are not responsible for decisions, actions or reliance based on messages, images or WenWe’s posted by users on the platform.


We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You will always have the full protections of the laws that apply to you.

If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the platform.

Changes to these Ts & Cs

These Ts & Cs and any rights and permissions granted in them may not be transferred or assigned by you, but may be assigned by us without restriction.

If we make changes, we’ll let you know and ask you to agree to the updated version. If you do not agree to the changes, you will have to stop using the platform.

Any new changes won’t be retrospective, so the original agreement will continue to apply to your past arrangement with us.

Dispute Resolution

These Ts & Cs are governed by Isle of Man law. If you are a consumer, you will also continue to benefit from any mandatory protections given to you by the laws of the country in which you live.

If we have a dispute, we will first do all we can to resolve it with you amicably. You and we agree that we will discuss the issue and enter into a good faith conversation. We believe that most disagreements can be sorted out with a chat and a bit of goodwill.

If we cannot resolve our dispute in this manner and we really hope we can, you or we can go to your local courts.

Non use of Account

We may reclaim your account name and might make it available to other users if you have not logged into your

account for six months.

Contacting Us

We welcome any queries, comments, or requests regarding these Ts & Cs. Please contact us via:

 Email: info@wenwe.co

 Website: https://wenwe.co

In-App: Through the feedback section of our app

In some countries, the law requires us to provide additional regulatory information and/or contact points within the country, even though we may not be physically present there. You can find this information here.

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