Terms and Conditions of Service
Wematch is proudly operated to you by Epic Story Inc., hereinafter referred to as “Epic Story”. The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Epic Story and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Wematch, whether registered under an account or not.
If you continue to browse and use Wematch, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Epic Story’ relationship with you in relation to the Site and the App, along with any products and services offered thereby (collectively, the “Service(s)”).
You hereby acknowledge and agree that these Terms are concluded between you and Epic Story only, and not with Google Inc. or Apple Inc. Henceforth, Epic Story is solely responsible for the Site and the App and the content thereof. These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s app stores terms of service.
Epic Story reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the App or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Wematch allows Wematchymous communication among our users via text, photo and video messages in a chat interface. You must open an account with us in order to use the App, though your user profile will be Wematchymous by default. Any chat messages you receive are not intended to purport any identifiable person. For example, if you receive a message in a chat from the username “jenny”, such chat message is not representing to be anyone, and you will not be able to infer the actual location, address, telephone or personal information of any user unless the user elects to disclose it to you.
The App is free to download and use, and we offer a free trial of our Services where you can receive chat messages. In order to use the full functionalities of Wematch, you can upgrade to a paid subscription. We offer two subscription tiers: (i) where you can send messages to other users; and (ii) where you can send and receive multimedia content. Your subscription will automatically renew until before the end of the then current monthly period. Your account will be charged for renewal within prior to the end of the current period.
You can elect to cancel your subscription at any time, by accessing your account in Google Inc.’s or Apple Inc.’s app stores and following the necessary steps. If can cancel your current subscription during the active period, and you will be able to use the paid functionalities of the App until the period ends. We do not offer refunds.
We will use third-party payment processors in order to bill you for any Services provided through Wematch. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Epic Story is not responsible for any and all fees, delays and errors by the payment processors.
As our user, you agree to not undertake, motivate, or facilitate the use or access of Wematch in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Solicit money from other users.
- Ask other users to conceal the identity, source, or destination of any illegally gained money or products.
- Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
- Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
- Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Wematch or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
- Use Wematch to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Undertake any action that will or may cause an unreasonable load on Epic Story’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Wematch.
- Intercept or monitor activity via our Services without our express authorization.
- Otherwise reverse engineer, decompile or extract the proprietary code of Wematch.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Wematch and our Services, without refund or reimbursement on our part. Epic Story may terminate or suspend your subscription and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.
Epic Story does not provide its Services to persons under the age of eighteen (18). Users under the age of eighteen (18) may not use Wematch, even with the consent of their legal guardians. All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Wematch are the property of –or otherwise are licensed to– Epic Story or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Wematch or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Wematch and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
You hereby acknowledge and agree that, in the event of any third party claim that the App infringes any third party’s intellectual property rights, Epic Story, and not Google Inc. or Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
User Generated Content License. You hereby grant Epic Story an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to Wematch. You represent and warrant to Epic Story that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to Epic Story as set forth herein.
Third party links
From time to time, the Site, the App and/or the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).
From time to time, we may place ads and promotions from third party sources in the Site, the App and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than Epic Story, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Epic Story is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Digital Millennium Copyright Act (‘DMCA’) Notice
For DMCA Takedown Notices and alleged intellectual property rights infringement within Wematch, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
You must notify us of your claim with subject: "Takedown Request". Once received, Epic Story will study and consider your claim and, if it believes or has reason to believe any content on Wematch that infringes on another’s copyright, Epic Story may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying Epic Story and its affiliates that your copyrighted material has been infringed.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate. The preceding requirements are intended to comply with Epic Story’ rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice.
Neither Epic Story, nor its affiliates, subsidiaries, officers, employees and agents warrantee that Wematch will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Epic Story or its employees, affiliates, contractors and/or agents shall create a guarantee. Wematch has not been completely tested in all situations or devices, and that Wematch may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
Neither Epic Story nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The functionalities and results displayed within Wematch may or will vary, without prior notice or without any notice at all, and you may receive messages and chat, or not, depending in the availability of other users and/or functionalities of Wematch, and any results will depend on a variety of factors out of the ultimate control of Epic Story. Your use of any information and/or materials on Wematch is entirely at your own risk, for which we shall not be held liable.
To the fullest extent permissible under applicable law, Wematch is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Epic Story, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. Epic Story, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
Disclaimer of Damages
In no event shall Epic Story, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of Wematch including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to Wematch whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Epic Story, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, Epic Story’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
Limitation of Liability
In no event, shall Epic Story’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
As our user, you hereby acknowledge and agree that Google Inc. and Apple Inc., and their affiliates and subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions hereof, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You shall indemnify, hold harmless, and defend Epic Story, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Epic Story’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Epic Story’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Epic Story); and/or (ii) any third party claim arising out of or in relation to Wematch or use thereof in combination with your business platform, including without limitation, any claim that Wematch violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in Wematch. Accordingly, your participation or undertakings in promotions of third parties other than Epic Story, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on Wematch.
Assignment. These terms will inure to the benefit of any successors of the parties.
Content Moderation. Epic Story hereby reserves the right, at its sole and final discretion, to review any and all content delivered into Wematch, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Epic Story will be irreparably damaged, and therefore you agree that Epic Story shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Epic Story shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Epic Story' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A. government’s embargo, or that has been designated by the U.S.A. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S.A. government list of prohibited or restricted parties or activities.
No Waiver. Failure by Epic Story to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Epic Story are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Product claims. You acknowledge and agree that Epic Story, and, not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to: (i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Epic Story shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Epic Story, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. Your use of this Wematch and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Florida, United States of America, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Fort Lauderdale, State of Florida, United States of America. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
If you have any questions or queries about us, the Site, the App, our Services or these Terms, please contact us as indicated in our contact page: www.wematchapp.info/contact.
Date of last effective update is November 20, 2018.