Terms and Conditions

Summary:

By using WeKiki, you agree to these terms.

We’re in San Francisco, so we’re upholding local laws, and do not guarantee our service is legal in your local courts. Do your research.

Keep inappropriate content to NSFW rooms, and do not visit NSFW rooms if you are under 18 or get offended by such things.

If you’re using WeKiki for business, please pay for one of our premium accounts. We need $$$ to keep the servers running.

Don’t play music or music videos in these rooms, it’s not a good idea, legally.

If you share something, it’s your “User Generated Content” BUT that means that anyone can take it, change it, draw mustaches on it, etc. So use discretion in what you’re posting or sharing.

Don’t share your password, or your Facebook password with anyone, even if it looks like an email from us (there’s more on this below).

 

 

Begin the legal language! Here, here.

By accessing or using our Products, you agree to be bound by these Terms and by our Privacy & Acceptable Use Policy.

1. Using WeKiki

a. Who can use WeKiki

You may use our Products only if you can form a binding contract with WeKiki, and only in compliance with these Terms and all applicable laws.

When you create your WeKiki account, we ask that you use a “real” Facebook account, and that you provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

b. Our license

Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

c. Commercial use of WeKiki

We understand that you could be using WeKiki for business purposes. We ask that you pay for a premium account if you are actively making money through our platform, just as a courtesy. We also ask that any services provided through our platform be professional, and not personal or sexual in nature. Do not pay someone to eat gross things, for example-there will be repercussions.

2. Your Content

a. Posting content

WeKiki allows you to post content, including photos such as your profile image, comments, and various other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to WeKiki. Keep it classy, folks.

b. How WeKiki can use your content

You grant WeKiki and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on WeKiki solely for the purposes of operating, developing, providing, and using the WeKiki Products. Nothing in these Terms shall restrict other legal rights WeKiki may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from WeKiki, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, WeKiki and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through WeKiki.

e. Feedback

We love to hear from our users, and want to know ways we can make WeKiki better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, WeKiki does not waive any rights to use similar or related Feedback previously known to WeKiki, or developed by its employees, or obtained from sources other than you.

3. Copyright Policy

If you are streaming, we ask that you don’t play music or music videos. With violating artist’s copyrights, it’s really not us you have to fear–it’s the labels. However, we will come after you if we notice you or you are reported.

WeKiki has adopted and implemented the WeKiki Copyright Policy in accordance with the Digital Millennium Copyright Act and constituent Section 512 Safe Harbor rules.
Any notice must contain ALL DMCA elements of notification in order to be considered. The copyright holder must also detail specifically why content transmitted by a user actually violates Fair Use elements of copyright law, rather than just issuing an arbitrary or generic notice. All notices should be sent to us however for the purpose of the designated agent rule, their name, address and phone number may be requested via a private communication channel.

4. Security

We care about our users. While we work to protect the security of your content and account, WeKiki cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

Consider using 2-Factor authentication on your Facebook account and do not share your passwords with friends or strangers. Please notify us immediately of any compromise or unauthorized use of your account.

WE WILL NEVER ASK FOR YOUR FACEBOOK OR WEKIKI PASSWORD IN AN EMAIL. If you receive such a request from an account that would appear to be us, please report it immediately.

5. Third-Party Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by WeKiki. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from WeKiki, you do so at your own risk and you agree that WeKiki will have no liability arising from your use of or access to any third-party website, service, or content.

6. Termination

WeKiki may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.

7. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless WeKiki and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

8. Disclaimers

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

WEKIKI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WeKiki takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

We ask that anything inappropriate for children be in rooms tagged NSFW, and that if you are offended by such content, you do not enter NSFW rooms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEKIKI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL WEKIK’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. Arbitration

If you have beef with us, please reach out. We want to make it right.

For any dispute you have with WeKiki, you agree to first contact us  and attempt to resolve the dispute with us informally. If WeKiki has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that WeKiki will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $50,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEKIKI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11. Governing Law and Jurisdiction

We’re located in San Francisco, so please hold us to SF laws.

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in San Francisco, California or the United States District Court for the Northern District of California, for any actions not subject to Section 10 (Arbitration).

We make no representations that our service is appropriate or available for use in other locations.

12. General Terms

Notification Procedures and changes to these Terms. WeKiki reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose via our website. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective on our website, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WeKiki without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with WeKiki in connection with the Products, shall constitute the entire agreement between you and WeKiki concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WeKiki’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Business or Government Agencies: If you are a business or government agency, any use of WeKiki is subject to our consent and Business Terms of Service which are available by request only.