Please read the following notice, as it sets out the risks associated with the use of the Woah App (the "App").
While this App is available for use at any age, children may be unable to maintain safe control of their actions if permitted to use the App. The use of this App by children under legal age requires parental consent. We cannot allow the use of the app without a legal guardian’s (i.e., a parent) consent to his/her child’s use. You agree that you will only allow your children to use the App after ensuring that they are aware of the risks and that they operate the App in a safe environment.
Due to the nature of the virtual reality technology and the App features, while performing dance moves suggested as part of using the App, you will be moving your hands, feet and body and may be limited in your ability to see the physical space around you. Striking, contacting or becoming entangled in any object, or attempting to perform moves that are beyond your physical abilities while using the App could cause serious injury or damage. Therefore, each time you use the App, you must properly clear your dancing area of people, pets, and all other obstacles and objects that you could potentially strike, contact or otherwise become entangled with, and make sure that you have the physical ability to perform the suggested move.
YOU ACKNOWLEDGE THAT YOU ARE USING THE APP OR AUTHORIZING YOUR CHILDREN TO USE THE APP VOLUNTARILY AND ENTIRELY AT YOUR OWN RISK, AND THAT YOUARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APP, WHICH MAY INCLUDE, BUTARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),ECONOMIC OR EMOTIONAL LOSS, AND DEATH, AND YOU ASSUME ALL RELATED RISKS USING THE APP.
These terms and conditions (“Terms and Conditions”) is a legally binding agreement between you, the user that will be utilizing the Woah Application (referenced below as “You” or “User”), and Woah Edutainment Ltd., its subsidiaries and affiliates (“Woah” or “We”), with respect to the use of the Woah mobile Application "Woah" and any related services (the “App” and “Service(s)”).
Our App teaches you how to dance and analyzes your dance performance via an exclusive layer of metrics and effects on your video. The App provides you interactive content and metrics about your performance and allows You to share it and other Content, such as photos and videos, with other Users using your device’s native sharing features.
The Service may include the sending of push-notifications, messages, emails, alerts via various means of communication. In addition, the Service may include third party advertisements and/or commercial content. You can deactivate the push-notifications at anytime by changing the notification settings.
You may use the App and Services at any age.
If you are a minor and cannot enter into legal agreements under the laws of your country of residence, you must have your parent or legal guardian’s permission to use the App and Service. Please have them read and discuss these Terms and Conditions with you.
If you are a parent or legal guardian of a User who is a minor, by allowing your child to use the App or Services, you are subject to the terms of these Terms and Conditions and responsible for your child’s activity on the App and Service. You acknowledge and approve that any identification information provided by you to confirm that You are an adult and are the legal guardian of a User who is a minor, is authentic and was indeed provided by You.
Woah reserves the right to refuse User’s registration or to block User’s access to the App, at its sole discretion. You are solely responsible for the activity that occurs on your account, and must keep your account credentials secured. You must notify Woah immediately of any breach of security or unauthorized use of your account. Woah will not be liable for your losses caused by any unauthorized use of your account.
Since You are downloading the App from a third party platform, service provider or distributor, such as Apple AppStore, Google Play Store, Amazon App store, etc. (the “Platform Provider“). Your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“).It is your responsibility to determine what Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between these Terms and Conditions and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
Woah may terminate or suspend your license, account and access to the App and/or Services (or any part thereof) immediately, without prior notice or liability. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability)shall remain in full force and effect following termination thereof. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to Woah.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE SERVICES AND APP ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. Woah DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. Woah MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE APP, THE SERVICES, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
IN NO EVENT SHALL Woah, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICES, THE APP, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APP, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER Woah HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF Woah AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN CONNECTION TO YOUR USE OF THE SERVICES OR APP EXCEED THE SERVICE FEE ACTUALLY PAID (IF ANY) BY YOU TO Woah FOR THE SERVICES WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
Upon its first demand, You agree to defend, indemnify and hold Woah, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) your use, misuse of, and/or activities in connection with the App and/or Services; (ii) your violation of any of these Terms and Conditions or any third party rights, including without limitation privacy right, copyright or any other intellectual property rights of a third party; and (iii) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the App. Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by You, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by You without first obtaining our prior express written approval.
If You believe in good faith that any material or content made available on or through the App and/or Services has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof via e-mail (at: email@example.com)
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.