Terms of Service

1. Your Relationship With Us

Welcome to SHAREit WeMedia platform (the “Platform”). These terms of service (the “Terms”) form a legally binding agreement between you and SHAREit (“we”or“us”) and by which you may access and use our Platform services we make available to you to upload your contents onto our Products which are SHAREit Application and WATCHit Application, (collectively, the “Services”). For purposes of these Terms, “you”, “user” and “your” means you as the user of the Services.

Please take the time to read these Terms carefully.

2. Accepting the Terms

By accessing or using our Services, you confirm that You are competent to enter into a contract and you accept these Terms and agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, Community Guidelines and any additional terms which will available to you from time to time. The terms and conditions of the additional terms can be found directly on the Platform.

If you are accessing or using the Services on behalf of a business or entity, then: (a) “you” and “your” includes you and that business or entity; (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf; and (c) your business or entity is legally and financially responsible for your access to and use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

You accept the Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of the Terms from that point onwards.

3. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. Your continued access to or use of the Services after such notice constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

4. Your Account with Us

To access or use some of our Services, you must create an Platform account with us. When you create this account, you will be asked to provide us with certain information such as a mail address and password. You shall ensure your user alias, WeMedia ID, and other user profile are qualified and will not contains any illegal or immorally information. You must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at mp@ushareit.com.

You agree that you are solely responsible (to us and to other users of our Services) for the activity that occurs under your account. Although Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of our Services or others due to such unauthorized use.

We reserve the right to disable your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

5. License

We encourage users to upload and distribute pictures and pre-recorded audio-visual works, through our Services, such as pictures or videos integration, and to participate in the activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Products (“User Content/UGC”).

BY USING OUR SERVICE ON THE WEMEDIA PLATFORM, YOU CONFIRM THAT YOU ARE COMPETENT TO GIVE YOUR AUTHORIZATION TO US TO DISPLAY, PERFORM, USE, AUTO-SYNC AND BROADCAST ALL YOUR UGC TO EVERY OUR PRODUCTS THROUGH OUR SERVICE. YOU FURTHER ACKNOWLEDGE AND CONFIRM THAT ALL YOUR UGC UPLOADED THROUGH THE PLATFORM WILL BE AUTOMATICALLY DISPLAYED ON EACH OUR PRODUCTS UNDER YOUR PRODUCT CHANNEL ONCE YOU SUBMIT, UPLOAD, TRANSMIT THOUGH THE PLATFORM.

You further grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, assignable, sub-licensable, perpetual worldwide license to use, modify, translate, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorise others user of the Services and other third-parties to view, access, use, modify, translate, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in connection with the Services on the Products and our (and our successors’ and affiliates’) business, including but not limited to advertise, market and promote and redistribute part or all of the Services (and derivative works thereof) in any formats and through any channels.

We grant you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use Our Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow. YOU UNDERSTAND AND AGREE THAT WHENEVER YOU MAKE USE OF A FEATURE THAT ALLOWS YOU TO UPLOAD OR TRANSMIT USER CONTENT THROUGH THE SERVICES, OR TO MAKE CONTACT WITH OTHER USERS OF THE SERVICES, YOU MUST COMPLY WITH THE STANDARDS SET OUT AT OUR POLICIES.

6. Use of Service

You agree that you will only use our Services for the lawful purposes expressly permitted and contemplated by these terms of use. You acknowledge and understand that you are prohibited from modifying Services or eliminating any of the content of Services. You agree that you will not use or attempt to use any method, device, software or technologies to harm others or interfere with the functioning of Services or use and/or monitor any information in or related to Services for any unauthorized purpose. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users. Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.

You may not:

• access or use the Services if you are not fully able and legally competent to agree to these Terms;
• modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;
• distribute, license, transfer or sell, in whole or in part, any of the Services or any derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Platform or any portion thereof into any other program or product. We reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
• use automated scripts to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Services;
• use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way.

7. Your Content

You shall be solely responsible for your UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC through the Platform. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness.

Your UGC containing the following contents are prohibited from being uploaded:

• Any speech against the country, the government, irreligious speech, or acts which insult or slander the government, the country or religions;
• Videos containing contents of sexual behavior performance or pornographic content are prohibited from spreading and playing;
• Any behaviors that expose private parts are prohibited;
• spread or play gambling-related content;
• expose others’ privacy, pose threat to others’ safety, imperil public interests, injure or kill others, mistreat animals, display bloody or violent behaviors, demonstrate guns or dress up like a terrorist;
• Spreading drugs;
• damage the interest of the official platform, including behaviors like promoting competitive products, viciously soliciting and publishing fake ads;
• Contain obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal;
• contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• contain any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation;
• contain any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
• infringe others’ legal rights including but not limit to any copyright, trademark, trade secret or other intellectual property or privacy rights of any other person;
• defamatory of any person, obscene, offensive, hateful or inflammatory;
• constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
• deliberately designed to provoke or antagonize people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;
• contain a threat of any kind, including threats of physical violence;
• racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
• contains any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
• in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or its users to any harm or liability of any type.

You warrant that any User Contents that you upload, transmit or otherwise make available through the Services does comply with those above standards and you will be liable to us and indemnify us for any breach of that warranty.

You further acknowledge and agree that any User Content will be considered non-confidential and non-proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Services. When you view User Content provided by others on the Products, you are doing so at your own risk. The User Content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

8. Our Rights to Your Content

You acknowledge that we have the right to:

• display, perform, use, sync and broadcast all your UGC to the Products through Our Service;
• cut, crop, edit or refuse to publish, any UGC at our sole discretion;
• remove any UGC you provide or contribute to Our Services for any or no reason in our sole discretion;
• take any action with respect to any UGC provided by you that we deem necessary or appropriate in our sole discretion, including if we believe that such UGC violates these terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Services or of the public or could create liability for us;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Our Services;
• terminate or suspend your access to all or part of Our Services for any or no reason, including without limitation, any violation of theseTerms.
• Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through Our Services.
• To maintain our services in a manner we deem appropriate and to the maximum extent permitted by applicable laws, Our Services may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of Our Services in an appropriate manner. Without limitation, we may do so to address UGC that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these terms of use or any applicable additional terms.

However, we do not undertake to review UGC before it is posted on OurProducts, and cannot ensure prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. We do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and our Services expressly disclaims any and all liability in connection with UGC. You acknowledge that we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Products constitutes a violation of their intellectual property rights, or of their right to privacy.

If you wish to complain about information and materials uploaded by other users please contact us at legalsupport@ushareit.com.

9. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

10. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS IS, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND WARRANTIES UNDER THESE TERMS.

IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

WE ACCEPT NO LIABILITY IN RESPECT OF ANY CONTENT SUBMITTED BY USERS AND PUBLISHED BY US OR BY AUTHORIZED THIRD PARTIES.NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

11. LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR:

• (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
• ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. Other Terms

a. Applicable Law and Jurisdiction. This Terms shall in all respects be governed by and construed and enforced in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally.

b. Entire Agreement. These Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.

c. AGE LIMIT. YOU MUST BE 15 YEARS OLD AND ABOVE, OR THE LEGAL GOVERNING AGE AS DECIDED IN YOUR PROVINCE, TERRITORY OR COUNTRY, TO BECOME A USER OF OUR SERVICE. INDIVIDUALS UNDER THE AGE OF 15, OR APPLICABLE AGE OF MAJORITY, MAY ACCESS THE PLATFORM ONLY WITH THE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN, UNDER THAT PERSON’S ACCOUNT AND OTHERWISE SUBJECT TO THESE TERMS OF SERVICE. IF WE LEARN THAT SOMEONE UNDER THE RELEVANT SPECIFIED AGE IS USING THE PLATFORM, WE WILL TERMINATE THAT USER’S ACCOUNT.

d. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

e. Security. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

f. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

Any Questions? Get in touch at mp@ushareit.com.