Terms and Conditions
1. Your Acceptance
A. By visiting and/or using the iWahh website (www.iwahh.com), you signifying your agreement to (a) these Terms and Conditions, (b) Our Privacy Policy and (c) Chart Rules Policy. We advise that you should not use the iWahh website if you disagree with our Terms and Conditions or Privacy Policy.
B. Although we will endeavour to provide sufficient and notification when major changes are made to our Terms and Conditions and Privacy Policy, we advise that it is your responsibility to ensure you periodically review these them both, they can easily be found on our website usually on the footer.. iWahh reserve the right to modify or revise these Terms and Conditions and policies at any time at our sole discretion, and you agree to be bound by such modifications or revisions.
C. By using the iWahh website, you are affirming that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, affirmations, obligations, and warranties set forth within these Terms of Service, and to comply and abide by these Terms and Conditions. We advise that the iWahh website is not intended for any person under the age of 12 years. We advise that you should not use this website if you are under 12 years old. We also strongly advise that you should not buy or use any of the subscription memberships offered by iWahh if you are under 16 years old, these subscription memberships include but may not be limited to any ‘Recording Deal’ memberships and ‘Record Label’ ownership services. We advise that a main aspect of such features is to be financially rewarded, and thus we advise that UK law restricts those under 16 years age to receive such cash prizes and rewards.
These terms and conditions apply to all users, undertaking or utilising all functions and activities available on iWahh., including watching /listening to songs and uploading content.
2. General Use of our website
iWahh hereby grants you permission to access and use the Website as set forth in these Terms of Conditions, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without prior written authorization from iWahh.
B. You agree not to alter or modify (or attempt to alter ot modify) any part of the Website.
C. You agree not to access, or attempt to access, any ‘User Generated Content Items’ (definition is given below) or iWahh Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized methods designated by iWahh.
D. You agree not to use the iWahh for any prohibited commercial use which includes but not limited to any of the following activities without the written permission of iWahh:
a. Sale of access to the Website or any of its related services
b. Use of the Website or its related services for the purpose of gaining advertising, subscription revenue or any generation of revenue outside of the purposes and activities clearly communicated on the website.
E. Prohibited commercial uses do not include:
a. Submitting (uploading) an original video or music track on to iWahh, or maintaining an original profile on iWahh, to promote your business, or the talents or skills of yourself or your group.
b. Any use that expressly granted by iWahh in writing.
F. You agree to receive updates that may be automatically downloaded and installed occasionally from iWahh. These updates are often bug fixes, upgraded functions, new software modules or completely new software versions. Such updates have been designed to improve your experience of iWahh, as well as functional quality, performance, reliability and security. You agree to receive such updates which may be delivered by iWahh.
G. You are not permitted under any circumstances to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website. However, iWahh grants permission to the operators of public search engines to use “spiders” to copy materials from iWahh for the sole purpose of and solely to the extent necessary for creating publicly searchable indices of the materials. However, creating caches or archiving such material is not permitted. iWahh reserves the right to adjust these exceptions either generally or in specific cases in accordance with its own discretion.
H. You are not permitted to collect, harvest or store any personal or identifiable information of individual(s), including account names, nor to use the communication systems provided by the iWahh (e.g. comments, internal messaging) for any commercial or solicitation purposes, under any circumstances. You are also not permitted to use such information to gain or attempt to gain access to another user’s account . You are not permitted to use any ‘User Generated Content’ on the site to solicit for commercial purposes, any user of the Website. The protection, safety and security of our users is our paramount priority.
I. You agree that your use of the website, and conduct whilst visiting, will be in accordance with these Terms and Conditions, our Privacy Policy and our Chart Rules Policy and all applicable local, national, and international laws and regulations.
J. iWahh may contain links to third party websites that are not affiliated, owned or controlled by iWahh. Thus, iWahh assumes no responsibility for, the policies, content or practices of any third party websites. We advise that by using iWahh, you expressly relieve iWahh from any and all liability arising as a result of your use of any third-party website.
K. We advise that when leaving iWahh you should read the policies and Terms and Conditions of all third party websites that you visit.
iWahh reserves the right to discontinue any aspect of the iWahh Website at any time without notice.
3. Your Account & Site Content
A. You will be required to register (sign up) and create an account in order to access some features of the website. You are required to accurately complete all registration details and information. You may never use another's account without permission. We strongly advise that you keep your password secure, as you are solely responsible for the activity that occurs on your account, including claiming money. If you notice that there has been unauthorised use of your account or a breach in your account security your are required to inform iWahh immediately via the ‘Contact Us’ page. In order to protect your finances in urgent circumstances we advise that you claim all the money in your account, remembering to check that your email address is correct. We advise that it may not always be possible to refund you or protect you from any losses that you may have incurred as a result of a security breach or unauthorised access to your account, thus you are strongly advised to keep your login details secure.
B. Although iWahh will not be liable for your losses caused in the event of any unauthorized use or security breach of your account, you may be liable for the losses of iWahh or others as a result of such unauthorized use or security breaches
C. The content on the iWahh Website, except all User Generate Content, including without limitation, the text, photos, music, videos, software, scripts, sounds, graphics, interactive features and all other ‘content’ (visible or hidden) and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Official Unsigned Music Chart Ltd (which is the sole owner of the iWahh website) in accordance with copyright and other intellectual property rights under the law. Content on the Website is provided to you as visible in your browser for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iWahh reserves all rights not expressly granted in and to the Website and the Content.
D. You may access all publicly available User Generated Content for your information and personal use only, through the intended functional features of the iWahh Website. You are not permitted to copy or download any User Generated Content Items unless you see a “download” or similar link displayed by iWahh on the website for that particular Content Item.
E. You are not permitted to copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any User Comments in any manner other than the intended normal functionality of the iWahh Website or otherwise as prohibited under this Agreement. User comments are intended for personal use only.
F. All content on iWahh must be accessed via the permitted routes in accordance with intended normal functionality of the iWahh Website and in accordance these Terms and Conditions. iWahh reserves all rights not expressly granted in and to the iWahh Content and the iWahh Website.
G. You are not permitted to engage in any use prohibited by these Terms and Conditions, our Privacy Policy and our chart Rules Policy or any other use outside of the inteded normal functionality of the iWahh website for commercial or any other purpose.
H. You are not permitted to circumvent, disable or otherwise interfere with any security-related features of the iWahh Website, including but not limited to features/aspects related to payment, claims, chart calculation, user accounts and video/audio content.
I. You understand that when using iWahh, you will be exposed to User Generated Content from a variety of sources, and that iWahh is not responsible for the accuracy, safety, usefulness or intellectual property rights of or relating to such Content. You further understand and acknowledge that while using iWahh you may be exposed to User Generated Content Items that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iWahh with respect thereto, and agree to indemnify and hold iWahh, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the iWahh Website.
J. In the event of any programming errors (or bugs) iWahh will endeavour to solve the problem ASAP. iWahh reserves the right to reward compensation as a result of such errors, however iWahh will endeavour to provide full refunds where applicable, as opposed to compensation.
4. User Generated Content Items
A. Once having registered to iWahh, you will be able to submit content to the site, including videos, mp3s, photographs/pictures, comments and user-to-user messages. All such items are referred to as ‘User Generated Content Items’ within these Terms and Conditions. You understand that iWahh cannot guarantee confidentiality of such submitted content items, whether they are published or not.
B. You agree that you shall be solely responsible for your own User Generated Content Items submitted under your account and the consequences of posting or publishing them.
C. You confirm that you own or have the necessary licenses, rights, consents, and permissions to use and authorize iWahh to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content Items submitted to enable inclusion and use of the User Generated Content Items in the manner contemplated and intended by the Website and in accordance with these Terms and Conditions
D. For clarity, we confirm that you retain all of your ownership rights in your submitted User Generated Content Items. However, by submitting User Generated Content Items to iWahh, you hereby grant iWahh a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, distribute, perform, reproduce and prepare derivative works of, display in connection with the iWahh Website and iWahh's business (including it’s affiliates and successors), including without limitation for promoting and redistributing part or all of the iWahh Website in any media formats and through any media channels. You also hereby grant each user of the iWahh Website a non-exclusive license to access your User Generated Content Items through the Website, and to use, reproduce, distribute, display and perform such User Submissions. For clarity, this may also include the reproduction, distribution, displaying and performance of such User Generated Content on other websites and in other mediums such as CDs, which may be made publicly available in music retailers in order to promote your music and expand your audience. In such circumstances, we guarantee to list your name (as spelt on the site) on the medium (i.e. CD or CD packaging) in order to give you the credit as the creator of the work. Our aim will not be to profit from such activity but solely to increase and expand your audience, promote your work and our website. In regards to all videos and mp3 items, the mentioned licence will be removed within a commercially reasonable and practical time after you remove or delete the video or mp3 from the iWahh Website. You understand and agree, however, that iWahh may retain, but not display, perform or distribute, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
E. You are not permitted to submit (upload) User Generated Content Items that are copyrighted, patented, or otherwise subject to third party proprietary rights, including but not limited to privacy and publicity rights. We advise that you should be the owner of such rights or have the owner’s permission to submit the material and to grant iWahh all of the license rights granted herein.
F. You are not permitted to submit material that is intended to cause overly severe offence around issues of race, sexuality, prejudices, discrimination or any other content that iWahh considers in ‘bad taste’ or unsuitable in accordance with the sole discretion. of iWahh
G. You understand that iWahh does not endorse any User Generated Content Item or any opinion, recommendation, or advice expressed therein, and iWahh hereby disclaims any and all liability in connection with User Generated Content Items. iWahh does not permit infringement, or any infringing activities, of intellectual property or copyright material on its Website. iWahh will remove any and all Content and User Generated Content Items, if properly notified that such Content or User Generated Content Items infringes on another's intellectual property rights. iWahh reserves the right to remove Content and User Generated Content Items at their sole discretion without providing prior notice.
H. iWahh reserves the right to terminate a user's account if, under appropriate circumstances, they are determined to be a repeat infringer. Indeed, iWahh reserves the right to remove any content and terminate a user’s account at its sole discretion without providing prior notice.
I. The reasons may include but not be limited to violation of these Terms and Conditions, Chart Rules Policy or other relevant iWahh policies; pornographic material; obscene or defamatory material; material of excessive length or any other material deemed unsuitable or in ‘bad taste’ at the sole discretion of iWahh.
5. Infringement on Your Property Rights
A. If you are a copyright owner and you feel that there has been an infringement on our website, please report it via our ‘Contact Us’ page, ensuring you provide details of the video or song and the name of the user whose account it is on (This will be visible on all video viewing pages).
B. We take all such complaints very seriously and will endeavour to investigate your complaint and take the appropriate action as soon as possible, in accordance with these Terms and Conditions and UK Law and Legislation.
6. Subscription Memberships
A. We advise that you must be a minimum of 16 years old in order to purchase any subscription services offered by iWahh, including but not limited to the ‘Recording Deal’ membership, and ‘Record Label’ ownership services. These services have been designed to financially reward users and UK law restrict those under 16 years old from receiving such rewards or prizes. You are not permitted to purchase such subscription services if you are under 16 years old.
B. It is important to note, that for clarity iWahh have described their subscription membership durations in the terms of 'MONTHS'. However, in order for our chart system to work fairly and effectively, a MONTH is to be considered as 4 weeks in the strictest terms. To clarify, each 'MONTH' should be considered strictly as 4 weeks, thus 4 separate attempts at recieving payment from the chart for a particular user. We have clarified this clearly on the site by mentioning the precise number of weeks of membership when we use the term 'MONTH(S)' in our descriptions online. Your use of iWahh and or subscribing to any of our membership options, will signify that you understand and agree explicitly our description of the durations of the subscription periods.
C. All members of iWahh will have the ability to enable their uploaded content to be downloaded by other users either for free or at a cost. We advise that any applicable Tax laws and legislation that are applicable in recieving such income is at soley and entirely the responsibility of the recieving user. You agree that you will not and cannot consider iWahh responsible to the fullest extent permitted by law for any violation of applicable laws in connection with payment of Taxes by any user. Please note: iWahh will recieve a 20% commission fee of any downloads that have been sold by users
C. You agree that iWahh does not assume any responsibility to the fullest extent permitted by law for users who violate this provision, and any other provision of the Terms and Conditions.
D. In case of any mistake, error or query regarding payment of subscription fees, reward allocations, claiming and receiving payment rewards, iWahh will investigate and endeavour to ensure that all transactions, incoming and outgoing, are corrected if necessary, and are processed efficiently and securely.
E. In order to make and receive payments, you will be required to log into your account via password and username (email address). Thus, we strongly advise that you keep your password secure, as you are solely responsible for the activity that occurs on your account, including claiming money. We advise that it may not always be possible to refund you or protect you from any losses you may have incurred as a result of a security breach or unauthorised access to your account, thus you are strongly advised to keep your login details secure at all times.
F. If you notice or reasonably suspect that there has been unauthorised use of your account or a breach in your account security your are required to inform iWahh immediately via the ‘Contact Us’ page. In order to protect your finances in urgent circumstances we advise that you claim all the money in your account, remembering to check that your email address is correct. Although iWahh will not be liable for your losses caused in the event of any unauthorized use or security breach of your account, you may be liable for the losses of iWahh or others as a result of such unauthorized use or security breaches
7. Warranty Disclaimer
YOUR USE OF THE IWAHH WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IWAHH, THE OFFICIAL UNSIGNED MUSIC CHART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE AND YOUR USE THEREOF. IWAHH MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS IN REGARDS TO THE COMPLETENESS OR ACCURACY OF THE CONTENT ON THE IWAHH WEBSITE OR THE CONTENT OF ANY SITES THAT ARE LINKED TO THE IWAHH WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) INACCURACIES, ERRORS OR MISTAKES OF THE SITE CONTENT, (II) DAMAGE TO PROPERTY OR PERSONAL INJURY, OF ANY NATURE WHATSOEVER, AS A RESULT OF YOUR ACCESS OR USE OF THE IWAHH WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE NETWORK OR SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY DISRUPTION, DISCONNECTION OR INTERRUPTION OF TRANSMISSION TO OR FROM THE IWAHH WEBSITE, (IV) ANY BUGS, SNAGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH THIRD PARTIES MAY TRANSMITTED, OR ATTEMPT TO TRANSMIT, TO OR THROUGH OUR WEBSITE AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THE IWAHH WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS TO ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE IWAHH WEBSITE. IWAHH DOES NOT GUARANTEE, ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, HYPERLINKED OR OFFERED BY A THIRD PARTY THROUGH THE IWAHH WEBSITE. IWAHH ASSUMES NO RESPONSIBILITY TO THE FULLEST EXTENT PERMITTED BY LAW FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES THROUGH OR AS A RESULT OF USING THE IWAHH WEBSITE. AS IS THE CASE WITH ALL PURCHASES OF ANY PRODUCT OR SERVICE IN ANY CIRCUMSTANCE OR ENVIRONMENT, YOU ARE SOLELY RESPONSIBLE FOR EXCERCISING YOUR BEST JUDGMENT AND CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IWAHH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) INACCURACIES, ERRORS OR MISTAKES OF THE SITE CONTENT, (II) DAMAGE TO PROPERTY OR PERSONAL INJURY, OF ANY NATURE WHATSOEVER, AS A RESULT OF YOUR ACCESS OR USE OF THE IWAHH WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE NETWORK OR SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY DISRUPTION, DISCONNECTION OR INTERRUPTION OF TRANSMISSION TO OR FROM THE IWAHH WEBSITE, (IV) ANY BUGS, SNAGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH THIRD PARTIES MAY TRANSMITTED, OR ATTEMPT TO TRANSMIT, TO OR THROUGH OUR WEBSITE AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THE IWAHH WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS TO ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE IWAHH WEBSITE. WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVICE REGARDING THE POSSIBILITY OF SUCH DAMAGES WAS GIVEN, MENTIONED OR MADE AVAILABLE TO THE COMPANY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BY USING IWAHH, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT IWAHH SHALL NOT BE LIABLE FOR ANY USER GENERATED CONTENT ITEM OR THE OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO OTHER USER(S) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS ENTIRELY YOUR OWN RESPONSIBILITY.
iWahh is controlled and offered by The Official Unsigned Music Chart Ltd from UK premises. Although available on the internet, iWahh makes no representation in regards to the suitability or legality of accessing the website from countries outside the UK. You are sole responsible for ensuring that use of the iWahh website is permitted and in compliance with your own local law.
9. Indemnity
You agree to defend, indemnify and consider harmless, iWahh, its parent company, officers, directors, employees and agents, from and against any and/or all claims, obligations, damages, liabilities, losses, costs or debt, and expenses arising or originating from: (i) your access and/or use of the iWahh Website; (ii) your violation of any aspect of these Terms and Conditions, Chart Rules Policy and/or other relevant policies of iWahh; (iii) your violation of any of the rights of any third party, including without limitation any copyright, property, or privacy right; or (iv) any claim, whether expressed or implied, that one of your submitted User Generated Content Items caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of our website.
10. Assignment
You understand and agree that iWahh may assign these terms, conditions, rights and licenses granted hereunder these Terms and Conditions without restriction. You also agree that you are not permitted to transfer or assign any of the foregoing.
11. Summary
You agree that: (i) iWahh is based in London UK, and will governed only by UK law. These Terms and Conditions will also be governed by UK law. Any legal contest or dispute with iWahh will be decided exclusively by a Court of competent jurisdiction in London, UK (ii) iWahh is a passive website and does not represent or endorse any of the submitted User Generated Content Items that are accessible through or via the iWahh Website. These Terms and Conditions, our Privacy Policy and our Chart Rules Policy, and any other policy made publicly available on the iWahh Website shall constitute the entire agreement between you and iWahh regarding the iWahh Website. If any provision of any of these Terms and Conditions, our Privacy Policy, our Chart Rules Policy any other policy made publicly available on the iWahh Website is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the foregoing agreement items, which shall remain in full force and effect. No waiver of any term of this these Terms of Service, or any other policy provision, shall be deemed a further or continuing waiver of such term or any other term, and iWahh’s failure or inability to assert or enforce any right or provision under these Terms of Service shall not constitute or signify a waiver of such right or provision. iWahh reserves the right to amend these Terms and Conditions, our Privacy Policy, our Chart Rules Policy any other policy made publicly available on the iWahh Website at any time and without notice, and it is your sole responsibility to regularly review the foregoing agreement items for any changes. You agree that after having made amendments to the Terms and Conditions, our Privacy Policy, our Chart Rules Policy any other policy made publicly available on the iWahh Website, your continued use of the website will signify your assent to and acceptance of its revised terms. You agree that any action or cause of action, arising or related to the iWahh Website must commence within two (2) months after the cause of action occurs, otherwise such cause of action will be completely and entirely disregarded.