Version: December 27th, 2024
Welcome to WIZWOOD, a digital marketplace operated by RadioMontreux Sàrl, a company registered under the identification number CHE-355.074.239, with its registered address at Avenue du Casino 32, 1820 Montreux, Switzerland (the "Company").
These terms of use (together with all appendices and exhibits hereto, which are hereby incorporated by reference, these "Terms," "Terms of Use," or this "Agreement") explain the terms and conditions by which you, as a user ("User(s)"), either personally or on behalf of an entity ("you" or "You"), may access and use WIZWOOD marketplace (the "Platform") and related services provided by the Company (the "Services"). The Services encompass the website https://wizwood.com/ (the "Website"), the WIZWOOD application (the "Application"), and any other websites, apps, interfaces, dashboards, or related tools accessible via the wizwood.com domain, its subdomains, or any other channels (the "Interfaces").
[ ] By accessing, using or interacting with the Services in any way, including by browsing or using any of the features available on the Platform, You represent that you have read, understand, acknowledge, and agree that You are entering into a binding legal agreement with us that includes these Terms and the Privacy Notice in their entirety. If you do not agree to be bound, you are not authorized to access, and should not use, any of the Services.
The definitions provided in Appendix A of these Terms apply to all capitalized terms used herein.
Capitalized terms not defined within these Terms shall have the meanings assigned to them in the Privacy Notice.
The Platform, accessible either via the Website or through the Application, serves as an online marketplace dedicated to the creative industry, allowing Users to buy, sell, and showcase both digital and non-digital Content, along with related products and services. It also provides a broader environment for communication and interaction among Users.
Users may either register as Members to access all the Services or decide to only access a restricted scope of Services by not registering as Members.
Users who subscribe to WIZWOOD Services, by creating an Account on the Platform become Members.
As Members, and subject to these Terms, they may access various evolving features and services, including but not limited to the ability to:
Users who do not register as Members of the Platform will have limited access to the WIZWOOD Services and may only browse the Platform in a "read-only" mode. These Users will not have access to the full range of Services available to Members, including the ability to post, buy, or sell Content, participate in forum discussions, or engage in any activities reserved for Members. However, they will still be able to share Content on social networking sites with other Users.
Most of the WIZWOOD Services require You to register as a Member.
A User who wishes to access and use all the Services provided on the Platform must first register using the registration page available at https://app.wizwood.com/signup . There is no charge for registering as a Member on the Platform.
You must enter all relevant details required, namely:
("Registration Data")
A failure to provide the Registration Data will prevent the registration process from proceeding.
Users must be 18 years old or older. Creators must be 18 years old or older if they wish to sell or purchase Content or services on the Platform.
Users may not use false or misleading information when creating an Account.
We may use your Registration Data in accordance with the requirements of these Terms and the Privacy Notice.
After registration, your membership will only be confirmed, and access to Member-exclusive features will only be granted, once you receive a confirmation email from us. We reserve the right, at our sole discretion, to decide whether to accept any registration.
Upon acceptance as a Member of the Platform, your use of the Services will be governed by these Terms and the accompanying Privacy Notice, unless more specific terms apply to particular Services as published by the Company.
If you do not register as a Member, or if your membership application is not approved, you will not have access to the Services exclusively available to Members. However, you may still be allowed to visit and browse the Platform as a User, where applicable.
Members are responsible for maintaining the confidentiality of their Account information, including username and password.
Members must notify us immediately of any unauthorized access to or use of their Account.
We reserve the right to disable any Member Account at any time if, in our opinion, you have failed to comply with these Terms.
Users must provide accurate, current and complete information when creating their Account.
Users may promptly update their Account information to keep it accurate, current, and complete.
Additional information may be required from Users based on how they use the Platform. For instance, if Users choose to buy or sell goods and/or services via the Platform, they will need to provide their PayPal information. Users may also voluntarily share additional personal details, such as a biography, phone number, and address, which, when combined with the Registration Data, will form the "Account Data".
Users are responsible for all activities under their Account.
Users may not transfer or sell their Account to another party.
Members that post Content on the Platform are considered as Creators. This Section 6 of the Terms applies to You, should be considered as a Creator on the Platform.
Creators retain ownership of their Content they post on the Platform.
Content refers to any material shared on the Platform by Creators and may consist of text, documents, images, graphics, logos, sounds, artwork, audio and video clips uploaded on the Platform, through the User Account. Content may include pure digital content, physical objects, or a combination of both.
For physical objects, their representation on the Platform may be in the form of digital descriptions, photographs, or other visual or textual materials that accurately depict the physical object. Creators are responsible for ensuring that these representations are accurate and meet any applicable standards or regulations.
Creators may upload their Content individually or as part of a collection (“Collection”), as described below in Section 6.3.
Creators may upload their Content in the form of a collection (“Content Collection”), consisting of one Content or a gallery, consisting of multiple Content.
By uploading Content to the Platform, Creators grant the Company a non-exclusive, worldwide, royalty free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and our business operations. You authorize us to use any Content as a sample on any of our galleries on the Platform.
This license continues even if Creators stop using our Platform, solely with respect to Content already uploaded.
Creators are responsible for ensuring and represent and warrant that they have the necessary rights, licenses, and permissions to share and monetize their Content.
Creators represent and warrant that they comply with all applicable laws and regulations in publishing and monetizing their Content, including but not limited to tax laws, intellectual property laws, and consumer protection laws. They represent and warrant that their Content does not violate the Intellectual Property Rights of any person.
Creators are solely responsible for the creation, publication, accuracy, quality, and legality of their Content. The Company expressly disclaims any liability or responsibility for any Content generated, uploaded, or shared by Creators on the Platform. This includes, but is not limited to, the substance, accuracy, completeness, legality, reliability, or appropriateness of such Content.
By using this Platform, Creators acknowledge and agree that they bear full responsibility for their Content and its consequences, and that the Company shall not be held liable in any way for Creator-generated Content.
As a Creator on the Platform, You have the right to organize and present your Content using various tools designed to enhance visibility and user experience, including collections, highlights, and galleries.Content is also referred to as a collection (the "Collection"). You agree to use these features in compliance with the Terms and applicable laws.
The specific rights and obligations related to these organizational tools are as follows:
By using these tools, You acknowledge and agree that the Content organized or presented in Collections, Highlights, or Galleries remains subject to the Platform's general Content policies, intellectual property guidelines, and community standards. The Company reserves the right to review and remove any content that violates these Terms or applicable laws.
Members are provided with a free storage allocation as part of WIZWOOD Services. Up to 1GB of storage is available to Members at no cost. Beyond 1 GB, adding content to Collections, Highlights and Galleries is subject to additional storage fees, that have to be paid by the Members before they can access these tools. The applicable fees for extra storage will be detailed in the pricing section of the Platform and may vary based on the amount of additional storage required. By exceeding the free storage capacity, Members agree to pay the applicable fees for continued access to the additional storage.
If unpaid excess storage exists, Members will be charged pro rata temporis. This accumulated |amount will be billed monthly until the balance is fully paid. If the amount is not paid within the invoice payment period, it will be automatically deducted from any sales income that was received by the Member from the sale of a Collection.
Failure to pay for additional storage when required may result in the restriction, suspension, or termination of your Account, including access to any stored Content. We reserve the right to delete or limit access to content exceeding the free storage capacity in the event of non-payment.
We also reserve the right to modify the free storage allocation or pricing for additional storage at any time.
Creators can post their Content or Collections on the Platform and simply choose to have it displayed to other Users, through Galleries.
Creators have the option to sell their Content on the Platform and, in doing so, are referred to as sellers (“Sellers”). Sellers can market their Collections through their own Gallery or the Gallery of other Creators or Gallery owners on the Platform. Gallery owners may establish conditions for showcasing Collections in their Galleries and may charge a fee or commission on Content sold through them. The terms and conditions for displaying Content and selling through Galleries must be clearly communicated to Creators and accepted before their Content is displayed. The Company reserves the right to intervene, including closing a Gallery, in cases of misconduct, violation of Platform policies, or any activity deemed harmful to the Platform or its users.
Sellers have the right to set their own prices for their Content, subject to any Platform-wide policies made available on the Platform. Sellers have an obligation to disclose the full price and all such taxes and charges when posting the Content for sale on WIZWOOD.
We have no liability to You as a Seller for the purchase price or applicable taxes or charges for the Content offered for sale or sold on WIZWOOD, and you acknowledge and agree that we are a third party provider facilitating the transaction between you as Seller, and other Users as Buyers.
The Company will charge a 10% commission (“Commission”) on each sale completed on the Platform in accordance with our commission rates, published on WIZWOOD. The Commission will be payable by the Seller and will be charged on the price set for the sale of the Collection.
All payments for Content sold on WIZWOOD and remittance of Commission due to us will be handled solely by PayPal. We do not hold funds in connection to any transaction. Members are able to link their PayPal account by clicking the “PayPal setup” tab in “Settings”.
The Seller will receive the net sale of the Collection (“Net Sale”), which refers to the amount remaining after the deduction of applicable fees and charges. These deductions include, but are not limited to, the Gallery owner's commission (if applicable), the Company’s Commission, and any fees charged by the payment processing provider.
The Company does not handle or take responsibility for the payments related to Content.
The terms of sale for the Content or Collections shall be clearly stated by the Seller or Gallery owner prior to the time of sale. By accepting to purchase the Content, the Buyer acknowledges and agrees to the terms of sale as communicated, including the finality of the sale and any associated conditions. The Seller will have to deduct from the price received for its Collection, the Gallery owner’s commission as agreed by the Seller, as well as the Company’s Commission and the fees perceived by the Payment provider.
At the time of sale, the Creator shall assign all titles, rights, and interests in the Intellectual Property Rights associated with the Content to the Seller, to the fullest extent permitted by law.
To the largest extent permitted by law, all sales of Collections, whether digital or physical, are final and cannot be returned or refunded after the sale is completed. For physical items, this does not affect the Buyer’s right to seek remedies for defective or non-conforming goods, as required under applicable law. Buyers are responsible for promptly inspecting physical items upon receipt and notifying the Seller of any defects or issues in a timely manner in accordance with the terms of sale.
Shipment and delivery of any physical Collections are the sole responsibility of the Seller and the Buyer. It is the responsibility of the Seller and Buyer to agree prior to purchase on how the physical Collection will be shipped, including but not limited to selecting the delivery service, tracking requirements, and estimated delivery timelines. The Seller’s Terms of Sale should clearly outline the arrangements and responsibilities related to shipment and delivery to avoid any misunderstandings
The Platform acts only as a facilitator and is not accountable or responsible for the shipment, delivery process, or any related disputes. During the purchase process, the release of the Net Sales to the Seller will be held by the Platform until delivery is confirmed by the Buyer. Confirmation of delivery may also be provided by the Seller through delivery tracking information agreed upon prior to purchase. The Platform reserves the right to determine the process for verifying delivery before releasing the Net Sales.
THE COMPANY ACTS SOLELY AS THE PROVIDER OF THE PLATFORM AND IS NOT A PARTY TO ANY SALE TRANSACTION. THE COMPANY ASSUMES NO LIABILITY FOR ANY OBLIGATIONS, DISPUTES, OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SALE. ESTABLISHED BY THE SELLER OR GALLERY OWNER.
EACH SELLER AND/OR GALLERY OWNER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR SALES OF COLLECTIONS OR CONTENT ON THE PLATFORM COMPLY WITH SWISS LAW, INCLUDING BUT NOT LIMITED TO OBLIGATIONS RELATING TO TAXES, CONSUMER PROTECTION, AND PRODUCT WARRANTIES.
A record of Members' transactions will be kept in their Profile information, under the tab "Orders".
We reserve the right to remove any Content that violates these Terms or our content policies.
We may terminate or suspend a Creator's Account for repeated violations, fraud, or other misconduct.
Members that purchase Content from Sellers are called Buyers. This Section 7 of the Terms applies to their activities on the Platform.
Buyers agree to pay for Content as specified at the time of purchase. Buyers acknowledge that they are responsible for paying any applicable taxes and charges related to their purchases.
All purchases are final unless otherwise stated in our refund policy or required by law.
Buyers must use the Content in accordance with these Terms and any additional terms specified by the Creators/Sellers.
Unless explicitly permitted by the Creator/Seller of Content, Buyers may not:
Buyers are responsible for reviewing Creator/Sellers’ profiles, ratings, and any terms specific to the Content before making a purchase.
Buyers must communicate respectfully with Creators/Sellers and follow any reasonable instructions or requirements provided by the Creator/Seller in relation to the purchased Content.
WIZWOOD, respectively the Company, shall have no responsibility for, and no liability in relation to, disputes, charge-backs or refunds raised or requested by You as a Buyer or a Seller in relation to payments made for Content or services on the Platform.
Without limiting the scope of this clause, You shall compensate us in full for all claims, damages, payments, fees or other liabilities which may arise against or be incurred by us in relation to such disputes, charge-backs or refunds howsoever these may arise. For the avoidance of doubt, there shall be no refund of any Commission in relation to a disputed or refunded amount.
We may make available e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities via the Service(s) (such facilities collectively referred to herein as the "Forums"). We cannot review all Communications made on or through the Service(s). However, we reserve the right, but we have no obligation, to monitor the Forums and edit, modify, or delete any materials or Communications which we in our sole discretion determine to violate these Terms or to be in any other way offensive or contrary to any of our policies. This includes postings which defame, insult or harass anyone or that are in any way abusive. Without limiting any other obligation under these Terms, You acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Service(s). We do not endorse or accept any Communications as our own or representative of our views.
9.1 AUTHORIZED ADVERTISING
We accept publication of advertisements on the Platform ("Advertisements"). This functionality is only offered to Members. We may, without any responsibility (financial or otherwise) to you, reject, cancel or require any Advertisement to be amended if we consider the Advertisement to be unsuitable or contrary to these Terms and remove, not publish, suspend or change the position of any such Advertisement.
If you submit an Advertisement to us for publication on the Platform, you warrant that:
You further represent and warrant to us that the addition of advertising to any Content posted by You or via your Account does not violate the Intellectual Property Rights of any person.
If You decide to advertise on the Platform in accordance with these Terms, You agree to pay our rates for advertising as published on the WIZWOOD Service from time to time in accordance with the payment methods listed in Section 13 of these Terms.
By advertising on the Platform, Users grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content shared in the Advertisement in connection with the Platform and our business operations. You authorize us to use any Advertisement as a sample on any of our galleries on the Platform.
You acknowledge that any reliance upon any Content, Advertisements, advice, opinion, statement, or other information displayed or distributed through the Service(s) on the Platform is at your sole risk. We cannot vouch for the accuracy, quality or good sense of messages posted on the Service(s) because we do not claim to read and evaluate them all. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Service(s), or to deny access to the Service(s) to anyone at any time. You acknowledge and agree that we are not responsible for any Content, Advertisements and other material posted by users of the Service(s). Prior to making any decisions based on the Content, Advertisements or other information posted on the Service(s), you are advised to verify the Content, Advertisements and other information, and you should always check the suitability, adequacy and appropriateness of any product or service available for access and/or purchase via the Service(s). Neither we nor our Affiliates shall have any liability arising from your acts or decisions based upon the information provided via the Service(s). Any ratings or reviews of Content are the opinions of the writer or poster only and not necessarily of us.
11.1 ACCESS AND USE
By accessing any of the Services You accept these Terms whether or not You have registered as a Member. If You are using the Services on behalf of an organisation you are agreeing to these Terms on behalf of that organisation and agree that you have the authority to bind that organisation to these Terms.
We grant you a non-exclusive, non-transferable, and limited license to access, use, and display the Services and materials provided on the Platform. This license includes the right to stream and, where expressly authorised, download content available on the Platform, provided that you fully comply with these Terms and any other applicable policies. Failure to comply may result in the revocation of this license.
We may at any time introduce new features, change existing features, or remove features from the Platform at any time and without notice. If you provide us with any feedback on or comments regarding the Platform and the Services provided, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.
We expect You to use only language appropriate for general conversation, with no insulting, racist, obscene or sexually explicit remarks. You are solely responsible for the Content of any transmissions you make to the Service(s) or Platform or any materials (including Content) you add to the Service(s) or Platform (or that are made or added using your password) (the "Communications")
You agree not to use the Platform or its Services for any purpose that is unlawful, prohibited by these Terms, or otherwise inconsistent with the intended use of the Platform. Specifically, you agree not to:
Any violation of this clause may result in immediate suspension or termination of your Account, removal of the offending content, and, if necessary, legal action. The Company reserves the right to investigate any suspected violations and cooperate with law enforcement authorities as necessary.
You are expressly prohibited from using any automated means, including but not limited to bots, spiders, crawlers, or scrapers, or artificial intelligence (AI) models, to access, extract, or collect data or Content from the Platform for any purpose without our prior written consent. This includes the use of machine learning models, AI-driven data extraction tools, or any other automated systems designed to gather information from the Platform for any purpose, including but not limited to data mining, training AI models, competitive analysis, market research, or content reproduction. Unauthorized data collection, scraping, or use of Platform content to train or refine AI models may result in immediate suspension or termination of access, legal action, and/or other remedies available under the law.
You can pay for your purchases by using your PayPal account or your credit card if it is listed as an available payment method on the relevant Service.
When selecting to make a payment, you must ensure that your PayPal account or your credit card (as the case may be) has sufficient available funds/credit
To the maximum extent permitted by applicable law, we do not make any warranties, express or implied, with respect to PayPal as a payment method or your use of PayPal, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
14.1 USER CONTENT
Users may only post Content to which they own the copyright, for which they have the consent of the copyright holder, or for which a rights holder's permission is not required
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Content for any public or commercial use without express written permission of the owner or controller of the rights in the Content.
Systematic retrieval of Content from the Services or any of them to create or compile, directly or indirectly, a collection, compilation, database or directory, without our written permission is prohibited.In addition, use of the Service(s) or Content for any purpose not expressly permitted in these Terms is prohibited.
Content posted without the required permission of the copyright holder will be removed if we learn of such posting without permission. The process for notifying us of suspected unauthorised posting of Content is outlined below in clause 24.
The Platform, including its design, features, functionality, and Content provided by us, is owned by RadioMontreux Sàrl and protected by copyright, trademark, and other intellectual property laws.
Our trademarks, logos, service marks, and trade names are our exclusive property. Their use without our prior written consent is prohibited.
The Platform's software, including any updates or modifications, is our proprietary property. Users are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose.
Users may not copy, modify, distribute, sell, or lease any part of our Platform or included software. Reverse engineering or attempting to extract the source code is also prohibited.
WIZWOOD and related marks are trademarks of RadioMontreux Sàrl.
By posting Content, You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute the Content in connection with our Platform and business operations.
You represent and warrant to us that none of the Content or Advertisements that you submit will violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your Account.
Violation of these Terms may, in our sole discretion, result in termination of your Account. Furthermore, we reserve the right to investigate and prosecute violations of any of these Terms, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms. You acknowledge that we have no obligation to prescreen or monitor your access to or use of our Services or any information, materials or other content provided or made available through our Service but has the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any data, Accounts or other content that violates these Terms or that is otherwise objectionable.
In addition to any other rights of the parties set forth herein, either You or we may cancel or terminate your access to the Services.
We also reserve the right to restrict, suspend or terminate your access to the Services in whole or in part, including to suspend your Account, without notice, with respect to any breach or threatened breach of any portion of these Terms.
If we terminate your access to the Services based on a breach of any portion of these Terms, we reserve the right to refuse to provide use and/or access to any Services or features to You in the future and to restrict access to your Account for an unlimited period of time. You acknowledge that we shall not be liable to You or any third party for any damages from the termination of your access to the Services. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN RELATION TO THE SERVICES, THE PLATFORM, THE WEBSITE AND/OR THE APPLICATION.
IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, ROBUSTNESS, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THE PLATFORM, WEBSITE OR APPLICATION, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE THE COMPANY CONDUCTS PERIODIC SECURITY AUDITS AND IMPLEMENTS SECURITY MEASURES TO PROTECT THE PLATFORM, NO SYSTEM CAN BE GUARANTEED TO BE COMPLETELY SECURE. THE COMPANY DISCLAIMS ANY WARRANTY THAT DIGITAL COLLECTIONS OR OTHER CONTENT WILL BE PROTECTED FROM UNAUTHORIZED ACCESS, COPYING, OR DOWNLOADING IN THE EVENT OF A SECURITY BREACH.
THE COMPANY DOES NOT GUARANTEE THE QUALITY, ROBUSTNESS, SECURITY, SUITABILITY, SAFETY OR ABILITY OF THE SERVICES CARRIED OUT FOR AND/OR ON BEHALF OF THE USER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES OR THE PLATFORM AND PURCHASES OF CONTENT OR PRODUCTS/SERVICES PROMOTED ON AND CARRIED OUT THROUGH THE SERVICES ON THE PLATFORM REMAINS SOLELY WITH YOU.
YOU AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES IS/ARE RESPONSIBLE FOR THE FITNESS, APPROPRIATENESS OF THE CONTENT POSTED ON THE PLATFORM, THE SALES OCCURRING ON THE PLATFORM, THE ADVERTISEMENTS AND ANY CONVERSATION OCCURRING BETWEEN USERS, OR CONDUCT OF ANY USER AND ANY THIRD-PARTY SERVICE PROVIDER, AS WELL AS FOR ANY SERVICE PROVIDED ON THE PLATFORM. NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY NOR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY USER OR THIRD-PARTY SERVICE PROVIDER.
YOU AGREE NOT TO HOLD THE COMPANY LIABLE FOR ANY LOSSES RESULTING FROM YOUR USE OF THE PLATFORM AND THE SERVICES.
ANY WARRANTY, CONDITION OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE THE SERVICES ARE USED OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) IS HEREBY EXPRESSLY EXCLUDED.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU AGREE TO RELEASE THE COMPANY (INCLUDING OUR AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING WITHOUT LIMITATION ATTORNEYS', EXPERTS’, INTERNAL’ AND COURTS’ FEES AND EXPENSES), ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.
Since most of the Services are web-based, they might be subject to temporary downtime. From time to time, we also update or maintain the Platform, which will result in the Platform not being available for a certain period of time.
We do not warrant that the Platform operate uninterrupted or error free. We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Platform, suspension of your access to the Platform, suspension of your Account, including any damage occurring as a direct or indirect result of a failure to benefit from the Services.
You acknowledge that when we perform an update to the Website or the Application, you would be required or asked to update the version of the Website or the Application which is available on your device. We strongly recommend you perform these updates immediately due to the fact that they might contain security patches, new services or availabilities which are not available on older versions.
We are not responsible for any damages or losses suffered by you as a result of your failure to perform an update of the Website or the Application.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND THE PLATFORM IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR ACCESS TO, USE OF, OR DOWNLOADING OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, SOFTWARE, ADVERTISEMENTS, OR ANY OTHER MATERIALS AVAILABLE THROUGH THE SERVICES AND THE PLATFORM. THIS DOES NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE OR INTENT.
21.1 ACTIVITIES ON THE PLATFORM
THE COMPANY DOES NOT CONTROL, ENDORSE, OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, SERVICES, OR ADVERTISEMENTS POSTED, SHARED, SOLD, OR PURCHASED BY USERS ON THE PLATFORM. ANY INTERACTIONS, TRANSACTIONS, OR COMMUNICATIONS BETWEEN USERS REGARDING CONTENT, ADVERTISEMENTS, OR SERVICES ARE SOLELY BETWEEN THE USERS INVOLVED. THE COMPANY IS NOT A PARTY TO THESE TRANSACTIONS AND DISCLAIMS ALL LIABILITY RELATED TO ANY DISPUTES, CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF SUCH INTERACTIONS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, LEGALITY, OR SAFETY OF ANY CONTENT, PRODUCTS, OR SERVICES OFFERED OR ADVERTISED BY USERS ON THE PLATFORM. YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR VERIFYING USER CONTENT, AND YOU USE AND RELY ON SUCH CONTENT AT YOUR OWN RISK.
21.2 SECURITY BREACHES
THE COMPANY IMPLEMENTS REASONABLE SECURITY MEASURES AND PERIODIC SECURITY AUDITS TO PROTECT THE PLATFORM AND USER DATA; HOWEVER, NO SYSTEM CAN GUARANTEE ABSOLUTE SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, COPYING, DOWNLOADING, OR DISTRIBUTION OF DIGITAL COLLECTIONS OR ANY OTHER USER CONTENT DUE TO A SECURITY BREACH OR CYBER-ATTACK. USERS ACKNOWLEDGE THAT THE PLATFORM MAY BE VULNERABLE TO UNFORESEEN EVENTS SUCH AS HACKING, MALWARE, OR OTHER MALICIOUS ACTS, AND THEY ASSUME THE RISK ASSOCIATED WITH STORING OR SELLING DIGITAL CONTENT ON THE PLATFORM.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR ANY PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM (I) YOUR INABILITY TO USE THE SERVICES OR PLATFORM; (II) THE LOSS, ALTERATION, OR CORRUPTION OF CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR ADVERTISEMENTS; (IV) ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES; (V) UNEXPECTED DOWNTIME; OR (VI) ANY OTHER ISSUES RELATED TO THE SERVICES OR PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.3 GENERAL LIABILITY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE COMPANY (INCLUDING ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS OR DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF YOUR USE OF, OR INTERACTION WITH, THE PLATFORM, THE SERVICES, OR ANY SECURITY BREACH RESULTING IN UNAUTHORIZED ACCESS TO, COPYING, OR DOWNLOADING OF DIGITAL COLLECTIONS, OR ANY MISLEADING INFORMATION. YOU ACKNOWLEDGE THAT THE COMPANY IMPLEMENTS REASONABLE SECURITY MEASURES BUT DOES NOT GUARANTEE THE ABSOLUTE SECURITY OF THE PLATFORM OR ANY CONTENT STORED THEREIN.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES: (I) ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR EQUITY; AND (II) ANY LIABILITY FOR DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PERSONAL DATA, BUSINESS, PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS), WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY USER OR THIRD PARTY IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THESE TERMS.
21.4 MONETARY CAP ON LIABILITY
To the extent that any liability cannot be excluded by law, the Company’s total aggregate liability for any claims arising out of or relating to the use of the Platform or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by You, if any, for accessing the Services during the twelve (12) months preceding the claim.
21.5 FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under these Terms or for any loss, damage, or inconvenience suffered by the User due to circumstances beyond the Company’s reasonable control. Such circumstances include but are not limited to acts of war or threat of war; riots, civil strife, or terrorist activity; industrial disputes, natural or nuclear disasters; fire, airport closures, bad weather conditions, or interruption or failure of utility services, including lack of electricity; acts of any local or national government, including the imposition of economic sanctions; cyber-terrorism, cyber-attacks, hacking, bugs; nuclear disaster or explosion; epidemics or pandemics impacting employees responsible for carrying out the operation of the Services; and instances where the ability to carry out the Services is materially and adversely affected, even though all reasonable precautions, due care, and alternative measures have been taken to mitigate such instances.
21.6 SERVICE INTERRUPTION
The Company shall not be responsible for any interruption, unavailability, or downtime of the Services due to maintenance, repairs, updates, or any causes beyond its direct control. This includes any damages arising from such interruptions, to the maximum extent permitted by applicable law.
21.7 THIRD-PARTY CONTENT AND LINKS
The Company shall not be responsible for the actions, content, terms, policies, or performance of any third-party service providers or websites linked to or associated with the Platform. The inclusion of links does not imply endorsement, and the Company disclaims any liability related to third-party content, advertisements, or agreements.
21.8 FILING OF CLAIMS
ANY CLAIMS AGAINST THE COMPANY MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DISCOVERY OF THE ALLEGED LIABILITY. TO INITIATE A CLAIM, YOU MUST PROVIDE WRITTEN NOTICE TO THE COMPANY OUTLINING THE NATURE AND BASIS OF THE CLAIM, INCLUDING ANY SUPPORTING EVIDENCE, WITHIN THE SPECIFIED TIMEFRAME. FAILURE TO FILE WITHIN THIS PERIOD WILL RESULT IN THE CLAIM BEING TIME-BARRED, AND YOU WILL BE DEEMED TO HAVE WAIVED YOUR RIGHT TO SEEK REDRESS FOR THE ALLEGED LIABILITY.
IT IS YOUR RESPONSIBILITY TO PROTECT AND SAFEGUARD YOUR USERNAME AND PASSWORD FOR ITS PRIVACY AND CONFIDENTIALITY.
IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE BACK-UP OF YOUR CONTENT, ADVERTISEMENTS (IF ANY) AND OTHER INFORMATION OR MATERIAL POSTED ON THE PLATFORM.
You agree to defend, indemnify, and hold the Company and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from or related to:
You agree to cooperate fully with us in defending any claims. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by You, and You will not settle any claim without our prior written consent. All costs of defense will be borne solely by You.
If an Intellectual Property Rights owner (in this clause, the "Complainant") believes that Content posted on a Service infringes their copyright, trademark, or other Intellectual Property Rights, the Complainant may report the alleged infringement by clicking on the relevant "report" link for the Content.
If the Complainant has registered as a Member of the Service, clicking "report" will result in a verification message being sent to the Complainant's email address - the Complainant will then be required to click a link in the email to verify details and confirm the complaint. If the Complainant has not registered as a Member of the Service, clicking "report" for a particular item of Content will result in the Complainant being asked to submit details of their complaint via an on-line form, which will result in a verification message being sent to the Complainant's email address - the Complainant will then be required to click a link in the email to verify details and confirm the complaint.
If the Complainant verifies the submission of the complaint by clicking the link sent to him/her by email, the respective Content will be removed from the Service, and the complaint will be notified to the User who posted the respective Content on the Service. Additionally, upon prior approval by both the Complainant and the User who posted the respective Content on the Service, they will be informed of the other's contact details, so as to enable these parties to liaise with each other directly in order to resolve the matter. For the avoidance of doubt, except where required by law, we will not become involved in the resolution of any dispute relating to alleged infringement of intellectual property rights, and any such dispute is solely a matter between the Complainant and the user who posted the respective Content on the Service.
The Company, at its sole discretion, may display third-party content on the Platform, including links to third-party websites.
You acknowledge and agree that the Company is not responsible for third-party content or websites accessible through the Platform and has no control over such content. The Company disclaims any liability for third-party content displayed on the Platform.
You understand that by accessing third-party content, you may be subject to third-party policies and terms and conditions. You represent and warrant that you have read and accepted any applicable third-party policies and terms.
The Company assumes no responsibility for third-party policies or terms and conditions. If you have any disputes related to third-party content, policies, or terms, you agree to release the Company (including its affiliates, officers, directors, employees, agents, shareholders, partners, licensors, and suppliers) from any claims, demands, and damages of any kind, known or unknown, arising from such disputes.
The Company reserves the right to modify these Terms at any time, as it deems necessary or appropriate. Continued use of the Platform after any changes constitutes acceptance of the revised Terms.
The User agrees that, to the extent permitted by law, all modifications to these Terms will be effective and enforceable immediately upon posting, unless otherwise specified. Any updated version of these Terms will replace all prior versions upon posting, rendering previous versions legally ineffective unless the new version explicitly states otherwise.
If you do not agree to the revised Terms, you should stop using the Platform and its features. It is your responsibility to regularly review the Platform and these Terms for updates.
27.1 ENTIRE AGREEMENT
These Terms and the Privacy Notice, as amended by the Company from time to time, constitute the entire agreement between the parties, superseding all prior agreements, representations, and understandings related to the subject matter.
27.2 SALVAGE CLAUSE
If a court or competent jurisdiction finds that any provision of these Terms is illegal, invalid, or unenforceable, the other provisions shall remain in full force and effect.
27.3 SURVIVAL
The provisions related to ownership, proprietary rights, and any other clauses that, by their nature or context, are intended to survive termination will remain in effect even after the termination of these Terms, regardless of the reason for termination.
27.4 NO WAIVER
The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
27.5 ASSIGNMENT
You shall not assign any of your rights and obligations under these Terms. Any such attempt at assignment by You shall be void.
The Company may freely assign its rights, and obligations under these Terms without limitation.
27.6 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict of laws. Both you and the Company mutually agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Any dispute regarding these Terms, the Platform, and its Functionalities shall be subject to the exclusive jurisdiction of the Courts of Vaud State, Switzerland, subject to possible appeal to the Swiss Supreme Court (Tribunal fédéral).
The information provided through the Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would violate laws or regulations or would subject us to any registration requirements within that jurisdiction. We reserve the right, at our sole discretion, to restrict the availability of the Service, or any part of it, to any person, geographic area, or jurisdiction at any time, and to limit the quantities of any content, program, product, service, or other features we offer.
To ask questions or make comments on these Terms, please contact the Company through:
Wizwood is a platform dedicated to fostering creativity, talent, and artistic expression.
This policy governs the use of AI-generated images created through the Wizwood platform. These images are generated from user-provided prompts, ideas, or descriptions using an integrated AI engine.
This document outlines the ownership, copyright, and usage rights of such images.
Currently, users cannot upload images for editing or enhancement; however, this feature may be introduced in future platform updates.
The contents of this extended policy governs the generation, use, copyright & ownership of the generated images by the platform via an integrated AI engine. It also states the ownership of the AI generated images.
The AI generated images are created via the ideas, thoughts, descriptions given by the author of the image(s). At the moment, there is no edit / enhance function yet where the author can upload the image and the AI engine enhances the image as described by the member. However, this also possible in the future versions of the platform.
Users retain full ownership of AI-generated images created through Wizwood, regardless of whether the images were created using free or paid image generation credits.
Users are considered the rights holders of the content generated from their inputs, including prompts, thoughts, and descriptions submitted to the AI engine.
Please note that copyright laws vary by jurisdiction. In some regions, AI-generated works may not be eligible for copyright protection. However, Wizwood affirms its users’ moral and intellectual ownership of the creative input.
Any resemblance to existing artworks is purely coincidental.
For reference, please consult OpenAI’s usage guidelines:
With due respect to the area of jurisdiction where copyright for AI generated images may be imposed, Wizwood members or authors of the AI generated images reserve the right to own the copyright of the AI generated images as this was conceptualized from his thoughts & ideas and was presumed randomly and originally created by the AI engine. Any similarities or likeness to an existing art digital or physical is not intentionally.
The following link reference the usage guidelines for OpenAI generated images.
https://openai.com/policies/usage-policies/
Users must not submit content or prompts that are illegal, harmful, pornographic, infringing, or violate the rights of third parties. All AI-generated content must be used in accordance with applicable laws and the platform’s guidelines.
The following uses of AI-generated images are strictly prohibited:
Users may share, publish, or commercially use AI-generated images created on the platform, subject to compliance with Wizwood's terms and applicable local laws.
Wizwood provides members with 1 GB of free storage for their image collections. This storage remains available as long as the platform is operational.
Additional storage must be purchased if a user's collection exceeds this limit.
Members will be notified when they approach or exceed the free storage limit or if their paid storage subscription is overdue.
AI-generated content may include:
Users acknowledge these limitations and accept that the platform makes no guarantees of accuracy or originality.
Users agree to indemnify and hold harmless Wizwood from any claims, damages, or liabilities arising from the use, misuse, or perceived similarity of AI-generated images, including but not limited to issues related to quality, originality, or copyright infringement.
Wizwood reserves the right to update or modify these terms at any time to comply with legal or regulatory requirements. Users will be notified of significant changes.
This policy shall be governed by and construed in accordance with the laws of the applicable jurisdiction.
Any disputes arising from or relating to these terms shall be resolved through binding arbitration or mediation in accordance with the governing rules of the applicable jurisdiction.
Account: refers to the Account created by a User on the Platform, enabling him/her to become a Member and to get access to the full Services of the Platform.
Affiliates: means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” refers to the ownership of 50% or more of the voting securities or other ownership interests, or the power to direct the management and policies of such entity, whether through ownership, contract, or otherwise. For instance, Woorfee SA (CHE-486.120.547) in Montreux is an Affiliate of RadioMontreux Sàrl.
Application: means the App “WIZWOOD” available on Apple Store and Google Play Store (Android).
Buyers: refers to Users or Members that purchase Content from other Users or Creators via the Platform.
Company, We, Us: means RadioMontreux Sàrl, a Swiss-based company, CHE-355.074.239, with registered office in Avenue du Casino 32, 1820 Montreux, Switzerland.
Content: means all the content submitted by Users on the Platform. Content includes, without limitation, text, documents, images, graphics, logos, sounds, artwork, audio and video clips. Content is owned by Users. Users that post Content on the Platform are called “Creators”. Content is also referred to as “Collections”.
Creators: refers to Users that post Content on the Platform.
Gallery:means a gallery on the Platform where a collection or several collections can be grouped. A Gallery can (i) simply contain Collection(s), (ii) represent a category of Collections, (iii) can be free for other Creators to join and post or showcase their Collections or (iv) can be subject to fees, based on Gallery’s owners terms and conditions.
Intellectual Property Rights:means all type of immaterial rights protecting creative or innovative endeavor, including, but not limited to patents, utility models, rights to inventions, copyrights and neighboring and related rights, all other rights, trademarks and service marks, rights protecting business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Interfaces:means any other websites, apps, interfaces, dashboards, or related tools accessible via the wizwood.com domain, its subdomains, or any other channels
Member(s):refers to Users that registered as Members of the Services, and which may use the full Services of the Platform.
Payment Partner: means PayPal, with its terms and conditions available at www.paypal.com.
Personal Data: means any information that relates to an identified or identifiable person. This especially includes, in particular, identifiers, such as names, surnames, phone numbers, audiovisual media, identification numbers, location data or online identifiers
Platform: means the WIZWOOD platform developed and operated by the Company. Users access the Platform through the Website and/or the Application or through any other Interfaces and may create their Account to use the Services provided on the Platform
Privacy Notice/ Privacy Policy: means the privacy notice of the Company, available at Privacy Policy.
Services: means the services provided by the Company on the Platform to Users and Members.
User(s): means any person that uses the Platform, either through the Website, or through the Application, without creating an Account.
Website: means https://wizwood.com/.
You/you: refers to the User reading those Terms.