Terms of Use

Acceptance of Terms and Conditions

  1. You acknowledge and agree that the following Terms of Use constitute a legally binding agreement ("Agreement") between you ("USER") and Watt.asia("Watt") in relation to your use of Watt's Internet platform at Watt and any services that Watt provides ("Services"). You represent and warrant to Watt that you have read and understood the Terms of Use, and that you have the legal capacity to enter into this Agreement.
  2. Watt reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is noted at the end of the Terms of Use. It is the USER's responsibility to check the Terms of Use from time to time for updates.
  3. If these Terms of Use are changed to the disadvantage of the USER, Watt will notify USER and the revised Terms of Use will become effective within six (6) weeks after such notification, unless User terminates his/her account in writing. If USER does not agree to the revised Terms of Use, USER's may also immediately cancel his/her USER account and stop using Watt's Website and Services.
  4. In the future, Watt may release new services and/or features including the release of new tools and resources on its website. Such new features or services shall also be subject to the present Terms of Use as well as any additional Terms of Use that Watt may release for those new features or services.

Description of Service

  1. Watt offers a multi-purpose service, with both basic (free) and premier (paid subscription) membership options, which allows you to, among other things, upload and share both high- and standard-definition video footage; send messages to other members; post comments about videos, add other members as contacts; create and moderate "channels" and "groups" based around specific interests, and participate in Forums (as more fully described below) (collectively, and together with the Site, the "Services"). Services may be offered by Watt itself, or by a third party partner/service provider. Certain Services may only be available to premier subscribers. Unless otherwise stated, these Terms of Service apply to all Services. All content and additional or replacement services made available through Watt that were not made available as of the "Last Updated" date above shall automatically be deemed to be part of the "Services" when first made available through Watt.

User Account

  1. When USER registers for Watt's Services(whether as a basic member, or as a paid subscriber to Watt), USER may choose a username and password and will receive a user account from WATT. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, whether or not authorized by USER.
  2. USER shall be liable for all activities and transactions occurring under USER's account, except for damages caused by the gross negligent or intentional conduct of Watt.
  3. USER shall notify Watt immediately in writing of any unauthorized use of USER's account including, without limitation, unauthorized use of USER's password and/or username, or any other breach of confidentiality or data security.
  4. WATT may disallow or remove certain usernames and may, with or without prior notice, close USER's account if and when activities occur on that account which constitute, at Watt's reasonable discretion, a violation of the present Terms of Use and/or an infringement of other applicable laws and regulations or third party rights.
  5. USER can cancel his/her account at any time in the profile settings. USER is solely responsible for cancelling his/her account properly. A telephone request or e-mail from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER's account, any and all music, videos, photos, pictures, graphics, comments, communications and other content, data or information of USER will be irretrievably deleted by Watt, with the exception of such data Watt may be obligated to store for a certain period of time in accordance with applicable laws and regulations.
  6. Annual subscribers to Watt (as well as subscribers to multi-month subscriptions, should we make such subscription terms available) shall have thirty (30) days from the date of subscription to cancel their subscription for a full refund. After the cancellation period, purchases of Watt premier subscriptions become FINAL and non-refundable, except in our sole and absolute discretion. At that point, you cannot return or cancel your subscription for a refund, and if your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit the remaining time on your subscription. The default setting for subscriptions is an annual, auto-renewing subscription. This means that each year on your subscription anniversary date, you will be charged the prevailing rate for an additional one-year subscription renewal. We may also offer shorter or longer term subscriptions (including monthly; multi-month – e.g., 3-month or 6-months at a time; or multi-year), which will also default to auto-renew . If you have signed up for an automatically-renewing subscription, you will have the ability to cancel any future renewals.
  7. Payments for Plus subscriptions are processed by a third party service provider and governed by separate Terms of Service and Privacy Policy.

User Generated Content

  1. Any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that USER uploads, stores, transmits or submits to Watt's website ("Content") are generated by the USER, but not by Watt. USER's Content therefore remains in USER's sole property and responsibility.
  2. Watt does not claim any ownership rights in any Content and other materials which USER uploads, posts, stores or exchanges through Watt's Website and Services.
  3. USER hereby expressly acknowledges and agrees that USER him-/herself, and not Watt, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through Watt's website or Services.
  4. USER acknowledges that Content uploaded to, or transmitted through Watt's website or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. USER must not upload, display, send, transmit or otherwise make available any Content in which USER does not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by USER may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution.

Representations and Warranties

USER represents and warrants to WATT that:

  1. USER's Content shall be true, accurate, current, complete and not misleading;
  2. USER's Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights;
  3. USER's Content shall not create any liability for Watt or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
  4. USER's Content is an original work by USER and/or USER has all necessary rights, licenses, consents and permissions to use, and to authorize Watt to use, any and all copyrights, performance rights or other intellectual property rights in and to USER's Content in order to use the Content on Watt's website and Services;
  5. USER has any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on Watt's website and Services.

No Liability for Content

  1. USER acknowledges that Watt, by providing the USER with the ability to view and distribute user-generated Content, is merely acting as a passive conduit (hosting service provider) for the distribution of such Content, and that Watt, to the extent permissible by law, does not undertake any obligation or liability relating to the Content or to the USERS' activities.
  2. USER acknowledges and agrees that Watt cannot and does not generally review the Content created or uploaded by USER. USER acknowledges and agrees that Watt and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the website for inappropriate Content.
  3. WATT and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content of WATT's Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
  4. WATT reserves the right to block, remove or delete any Content, communications, postings, and/or other data or information if WATT, in its own sole and unfettered discretion, has reason to believe that such Content and/or other data or information may infringe the rights of a third party, and in particular if WATT deems such Content and/or other data to be
    1. misleading, fraudulent, or deceptive; or
    2. defamatory, abusive, or obscene; or
    3. possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
    4. possibly in violation of any applicable law or regulation; or
    5. otherwise unacceptable.

Grant of License

WATT does not have any ownership rights in USER's Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license WATT requires so that it can perform the Service for its users:

  1. By posting Content to the Website, to the extent required to enable the performance of the Services, USER grants WATT and its successors and assigns and other users of the WATT Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER's Content available to other users of WATT's Website and Services.
  2. This license does not grant WATT the right to sell USER's Content or otherwise distribute it outside of WATT's website or Services, provided however, that streaming of Content on third party websites via embedded widgets or similar tools ("Linked Services") shall not be deemed a distribution outside of WATT's website or Service.
  3. The license granted under Subsections 1 to 2 will terminate after USER removes the Content from the Website. Notwithstanding the foregoing, USER understands and agrees that once Content is distributed to a Linked Service, WATT is not obligated to delete or ask other users or a Linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.

Indemnification

USER agrees to indemnify, defend and hold harmless WATT, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, suppliers, other users and their officers, directors and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation of the present Terms of Use;
  2. any use of USER's Content by WATT itself (if any), or by WATT's other users or by any other person or third party under these terms of use, including, but not limited to, any third party claim of infringement of a copyright or other intellectual property right or invasion of privacy;
  3. any activity related to USER's account, be it by USER him-/herself, or by any other person accessing USER's account.

No Liability for Links, Third Party Websites and Services

  1. WATT's website and Services may contain features and functionalities that may link USER to, or provide USER with certain functionalities and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services ("External Websites").
  2. WATT does not have any control over those External Websites, and is not responsible for their content or their use. By linking to an External Website, WATT does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
  3. USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
  4. WATT disclaims any responsibility for any harm resulting from USER's accessing External Websites, and USER irrevocably waives any claim against WATT with respect to such sites and third-party content.

Waiver of Claims

USER irrevocably waives the right to assert any claim against WATT or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in relation to the Content generated, uploaded, transmitted or otherwise used on WATT's Website or Services, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of confidentiality.

Data Protection, Privacy and Security

  1. WATT complies with the applicable data protection laws and regulations and uses all commercially viable measures to protect the confidentiality and security of communications transmitted via WATT's website and Services and information stored on servers controlled by WATT.
  2. USER shall under no circumstances
    1. violate or attempt to violate the data security of WATT;
    2. access data or materials which are not intended for USER;
    3. log into a server or account which USER is not authorized to access;
    4. attempt to probe, scan or test the vulnerability of WATT's servers, system or network or to breach data security or authentication measures of WATT
    5. attempt to interfere with WATT's service to any user, host or network, by any means including, without limitation, hacking WATT's servers or systems, submitting a virus, overloading, "mail-bombing", "flooding" or "crashing", or by means of using electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on WATT's website or Services, regardless of the purpose and/or technical configuration of such electronic tools.
    6. solicit other users to join or become members of any online or other service
  3. USER's violation of system or network security may result in civil procedures and/or criminal prosecution. WATT reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting any users who have participated in such violations.
  4. Registration data and other personal information about USER are subject to our Privacy Policy. By accepting these Terms of Use, USER is also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all purposes.

Competitions

WATT may run, host or support competitions, promotions, prize draws and other opportunities on the website or in its Services and these opportunities will be subject to separate terms and conditions of the organizer of such opportunities. Details of the specific competition, promotion, prize draw and/or other opportunity and a link to the applicable terms and conditions will be posted on the Website. It is your responsibility to read those terms and conditions for details and any eligibility requirements. WATT does not bear any responsibility or liability for the actions of any third parties who organize or are otherwise involved in any of these opportunities.

Changes of Website and Services

  1. WATT may change or modify the products, services and functionalities of the Website and/or Services at any time without notice.
  2. USER agrees that WATT and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any changes or modifications of Website and/or Services and/or USER's possibility to use or access WATT's Website and/or Services.

Termination of Website and Services

  1. WATT reserves the right at any time to suspend, discontinue, terminate or close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.
  2. USER agrees that, WATT and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any suspension, discontinuance, termination or close down of the Website and/or Services and/or USER's possibility to use or access WATT's Website and/or Services.

Assignment of Rights and Duties to Third Parties

WATT and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign the rights and duties under the present Terms of Use, in part or in whole, to any third party at any time without notice. USER may not assign this Agreement or the rights and duties herein, in part or in whole, to any party without the prior written consent of WATT.

Disclaimer

We'll do our best to maintain 24/7 service, but nobody's perfect - there may be unscheduled outages.

Watt utilizes diligent efforts to maintain the Services, but is not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

Severability Clause

Should one or more provision of the present Terms of Use be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Use; the remainder of the Terms of Use will thus remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between WATT and USER with respect to WATT's Website and Services, and supersedes any prior agreement between WATT and USER.

Right of Revocation

USER may cancel registration for the free or premium account in text form (by email, letter or fax) without stating a reason within 14 days of registration. Furthermore, USER may cancel registration for the premium account in writing (by email, letter or fax) within 14 days without stating a reason, after changing from a free account to a premium account. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the cancellation of the Agreement to the following email address:

Watt

legal@watt.asia