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WELLDONE PRIVATE POLICY
Welldone owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission. Reservation of Rights: Welldone reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use. Your License To Welldone: In order to operate and provide our Services, you grant Welldone a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you insert and /or upload, submit, store, send, or receive on or through our Services.
The rights you grant in this license are for the limited purpose of operating and providing our Services such as to allow us to display your profile picture and store your notifications, school grades, scores on our servers. Welldone License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and nontransferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. Responsibility for Your Use: You may only use our Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to our Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not Welldone, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.
Security of User Accounts: We will provide you a User Account and password, you are responsible for all activities that occur under your User Account. You agree to notify Welldone immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account including your password. Welldone will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Welldone shall be entitled to monitor your User Account and password and, at its discretion, require you to change your password. If you use a username and password that Welldone considers insecure, Welldone will be entitled to require this to be changed and/or terminate your User Account. Violation of Security Systems: You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Welldone reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents. Availability of Our Services: We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment. Failures: We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Termination of Our Services: We aspire that you will always continue to enjoy through the use of our Service, but you may terminate your relationship with Welldone at any time. If you are using badly our Service, Welldone has the right to terminate your rights under our Service without notice. We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Welldone: Licenses, Disclaimers, Limitation of Liability, Indemnification, Availability and Termination of our Services, Other, and Special Arbitration. If you believe your accounts termination or suspension was in error, please contact us at firstname.lastname@example.org. Approval or rejection of submissions : We remain responsible to approve or reject submissions as per terms and conditions of our Company.
Sexual content and profanity: We do not allow contents that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. Contents that contains nudity are not allowed. This includes (1) promoting sexually explicit user-generated content, including implementing or permitting paid features that principally encourage the sharing of objectionable content. (2) Contents with lack sufficient safeguards against threats, harassment, or bullying, particularly toward minors. (3) Posts, comments, or photos that are primarily intended to harass or single out another person for abuse, malicious attack, or ridicule. (4) Depictions of sexual nudity, or sexually suggestive poses in which the subject is nude, blurred or minimally clothed, and/or where the clothing would not be acceptable in an appropriate public context. (5) Depictions, animations or illustrations of sex acts, or sexually suggestive poses or the sexual depiction of body parts. (6) Content that depicts or are functionally sexual aids, sex guides, illegal sexual themes and fetishes. (7) Content that is lewd or profane - including but not limited to content, which may contain profanity, slurs, explicit text, and adult/sexual keywords. (8) Content that depicts, describes, or encourages bestiality or practices against religion. (9) Contents that promote sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation. (10) Contents that degrade or objectify people. Child endangerment : We do not allow Posts that include content that sexualizes minors are subject to immediate removal of user account of those involved with the distribution, including but not limited to, contents that promote pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing). In addition, contents that appeal to children but contain adult themes are not allowed, including but not limited to, contents with excessive violence, blood, and gore; contents that depict or encourage harmful and dangerous activities. We also don’t allow contents that promote negative body or self-image including contents that depict for entertainment purposes plastic surgery, weight loss, and other cosmetic adjustments to a persons physical appearance. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the User Accounts of those involved with the distribution. Hate speech: We do not allow contents that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization. This includes (1) content related to Nazis are not allowed. (2) Contents or speeches asserting that a protected group is inhuman, inferior or worthy of being hated. (3) Contents that contain hateful slurs, stereotypes, or theories about a protected group possessing negative characteristics (e.g. malicious, corrupt, evil, etc.), or explicitly or implicitly claims the group is a threat. (4) Contents or speeches trying to encourage others to believe that people should be hated or discriminated against because they are a member of a protected group. (5) Contents, which promotes hate symbols such as flags, symbols, not religious symbols, insignias, paraphernalia or behaviors associated with hate groups.
Violence: We do not allow contents that depict or facilitate gratuitous violence or other dangerous activities. This includes (1) Graphic depictions or descriptions of realistic violence or violent threats to any person or animal. (2) Contents that promote self-harm, suicide, eating disorders, choking games or other acts where serious injury or death may result. Terrorist content: We do not permit contents that publish about terrorist organizations for any purpose, including recruitment. We do not allow contents related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks. If posting content related to terrorism for an educational, documentary, scientific, or artistic purpose, be mindful to provide enough information so users understand the context. Sensitive events: We do not allow contents that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, health crisis, conflict, death, or other tragic event. This includes (1) lacking sensitivity regarding the death of a real person or group of people due to suicide, overdose, natural causes, etc. (2) Denying a major tragic event. (3) Appearing to profit from a tragic event with no discernible benefit to the victims. Bullying and harassment: We do not allow contents that contain or facilitate threats, harassment, or bullying. This includes (1) bullying victims of international or religious conflicts. (2) Content that seeks to exploit others, including extortion, blackmail, etc. (3) Posting content in order to humiliate someone publicly. (4) Harassing victims, or their friends and families, of a tragic event. Dangerous products (marijuana, tobacco and alcohol): We do not allow contents that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories. This includes restricted accessories include those that enable a firearm to simulate automatic fire or convert a firearm to automatic fire (e.g. bump stocks, gatling triggers, drop-in auto sears, conversion kits), and magazines or belts carrying more than 30 rounds. We do not allow contents that provide instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons. This includes instructions on how to convert a firearm to automatic, or simulated automatic, firing capabilities. We do not allow contents that facilitate the sale of marijuana or marijuana products, regardless of legality. This includes (1) allowing users to order marijuana through shopping cart feature, (2) Assisting users in arranging delivery or pick up of marijuana, (3) Facilitating the sale of products containing THC (Tetrahydrocannabinol), including products such as CBD oils containing THC. We do not allow contents that facilitate the sale of tobacco (including e-cigarettes and vape pens) or encourage the illegal or inappropriate use of alcohol or tobacco. This includes (1) Depicting or encouraging the use or sale of alcohol or tobacco to minors. (2) Implying that consuming tobacco can improve social, sexual, professional, intellectual, or athletic standing. (3) Portraying excessive drinking favorably, including the favorable portrayal of excessive, binge or competition drinking. Loans and illegal activities: We do not allow contents that promote any type of loans. We do not allow co that facilitate or promote illegal activities. This includes (1) Facilitating the sale or purchase of illegal drugs or prescription drugs without a prescription. (2) Depicting or encouraging the use or sale of drugs, alcohol, or tobacco by minors. (3) Instructions for growing or manufacturing illegal drugs. Unapproved substances: We do not allow contents that promote or sell unapproved substances, irrespective of any claims of legality. This includes (1) Non-government approved products that are marketed in a way that implies that they are safe or effective for use in preventing, curing, or treating a particular disease or ailment. (2) Products that have been subject to any government or regulatory action or warning. (3) Products with names that are confusingly similar to an unapproved pharmaceutical, supplement, or controlled substance.
Deceptive behavior: We do not allow contents that attempt to deceive users or enable dishonest behavior including but not limited to content which are determined to be functionally impossible. Contents must not attempt to mimic functionality or warnings from the operating system of our App or other apps. Other: a. Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Welldone and our Services, and supersede any prior agreements. b. We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent). c. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. d. You will comply with all applicable United States and non-United States export control and trade sanctions laws (Export Laws). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any United States or non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. e. Any amendment to or waiver of our Terms requires our express consent. Only your school or government as partner have the right to request Welldone to terminate your relationship with Welldone at any time by suspending, holding or deleting your user account. f. We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the Last Modified date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using Welldone Apps, but if your School or Government do not agree to our Terms, as amended, they will ask us to stop you using our Services by suspending, holding or deleting your user account. g. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using Welldone Apps, but if your School or Government do not agree to such an assignment, they will ask us to stop you using our Services by suspending, holding or deleting your account. h. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. i. Nothing in our Terms will prevent us from complying with the law. j. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. k. If we fail to enforce any of our Terms, it will not be considered a waiver. l. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect. m. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract. n. We always appreciate your feedback or other suggestions about Welldone App and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them. Local Regulations: We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. Advertising partners: there is no limit of advertisements on our service, we may share a advertising identifier that is not attributable to you, with our third party advertising partners, and advertising service providers, along with certain technical data about you (your language preference, country, city, and device data), based on our legitimate interest. This includes partners managing our advertising placements and also advertisers themselves and their agencies or third parties managing their advertising demands. Your unique advertising identifier is created by your computer or mobile device’s operating system and you can change it or choose not to share it at any time.
Reporting Copyright, Trademark, and Other Intellectual Property : Infringement: We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others. Indemnification : If anyone brings a claim (Third Party Claim) against us related to your actions, information, or content on Welldone, you will, to the extent permitted by law, indemnify and hold the Welldone Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to Welldone are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it. Release: If you have a dispute with one or more users (including game developers and/or merchants), you release Welldone from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Investigations: Welldone may seek to gather information from a user who is suspected of violating these Terms and from any other user. Welldone may suspend any users whose conduct or postings are under investigation and may remove such material from its servers, as it deems appropriate and without notice. If Welldone believes, in its sole discretion, that a violation of these terms has occurred, it may edit or Modify any submission, notifications, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Welldone may fully cooperate with any law enforcement authorities or court order requesting or directing Welldone to disclose the identity of anyone, or publishing or otherwise making available any materials that are believed to violate these terms. By accepting this agreement you waive and hold harmless all members of Welldone from any claims resulting from any action taken by any member of Welldone during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either a member of Welldone or law enforcement authorities. Disclaimer of warranties: Although we make great efforts to make our service error and interruption free, we cannot promise that such efforts will result with such desired performance. Your use of this service is at your own risk. No oral or written information or advice given by us shall create a warranty. The service and all the materials, information, software, facilities, services and other content in the site are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Welldone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and no infringement. Welldone does not warrant that the functions contained on or through this service will be available, uninterrupted or error-free, that defects will be corrected, or that the service or the servers that make the service available are free of viruses or other harmful components. Welldone does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content on the service or any websites linked to the service in terms of their correctness, accuracy, reliability, or otherwise. Welldone makes no warranties that your use of the materials, information, software, facilities, services, or other content of the service will not infringe the rights of others and Welldone assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, services, or other content of the service or any other website. If applicable law does not allow the exclusion of some or all of the above-implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law. Limitation of liability: Welldone disclaims all liability, whether based in contract, tort (including negligence), strict liability, or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from any use of, or inability to use, the service or any other site, app or service, or the material, information, software, facilities, services, or other content on the service or any other site, app or service, regardless of the basis upon which liability is claimed and even if any member of Welldone has been advised of the possibility of such loss or damage. Without limitation, you (and not any member of Welldone) assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage arising therein. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of United States one dollars ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Proprietary Online Services: Any area of this Service that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service. Jurisdictional Issues: The Materials and all other content in this Service are presented for the purpose of providing information regarding Welldone Services available in the United States and elsewhere. Third-Party websites and Apps: Welldone applications may contain advertising links or notifications links to other third-party websites or you may access Apps from a third- party site. We are not responsible for the privacy practices or the content of these third-party sites. Back-Up: When you back-up your contents, they are kept on your device’s service according to operating system’s terms and policies and are no longer protected by Welldone’s end-to-end encryption. Legal and Law Enforcement: We may disclose your information to law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to terror acts, criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other Welldone user to legal liability. Security: We know that security is important to our users and we care about the security of your information. We maintain technical, physical, and administrative security measures to protect the security of your personal information against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use include firewalls, data encryption, physical access controls to our data centers and information access authorization controls.
We need your help too: it is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties. International Transfer: We operate internationally and provide our Services to Welldone users worldwide allowing them to communicate also with our partners and vice versa across the globe. That means that your personal information may need to be processed in countries where data protection and privacy regulations may not offer the same level of protection as in your home country. We store and process your personal information on our computers in the United States. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. Change of Control/New Owners: We may share your information with another business entity, if we plan to merge with or be acquired by that business, or are involved in a transaction with similar financial effect. In such a situation, we would make reasonable efforts to request that the new combined entity or other structure follow this Policy with respect to your personal information. If your personal information was intended to be used differently, we would ask the new entity to provide you with prior notice. You agree that the Claim must be resolved exclusively in the United States District Court of North Carolina, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that the laws of the State of North Carolina will govern these Terms and any Claim, without regard to conflict of law provisions. General: If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Welldone relating to the matters contained here and the Service. In general, we only collect information that allows us to provide you with our best Services. It also helps us to keep our Services clear of fraud and spam, and it allows us to get a unique understanding of what additional services may be useful to you, and all other purposes set out in this policy above. Every now and then, Welldone may send you updates about administration and operation of the Service (for example, about your content, policy changes, technical issues, etc.). We may also send notifications and ads, that we think may be of interest to you. If you do not wish to receive such notifications, you may adjust your system settings to decline them. No access to emergency services: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service. Some features of our Services may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to these Terms. You understand that, just like a regular mobile phone, anyone with knowledge of your username and password may use your account through our Services and access to your notifications and the content of your mobile phone as they desire. Updates to this Policy: From time to time, as our services evolve, we may update this Policy. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Welldone Apps. Please check the Welldone App frequently for updates. Accessing Welldone’s Terms in Different Languages: To access our Terms in certain other languages, change the language setting for your Welldone App session. The registration of a Welldone user account is chargeable and the amount is determined by the company WLLDN, LLC. WELLDONE can use its E-Card for other services or technologies that the company can develop. by accepting these terms and conditions, users automatically agree to be part of this clause. The WELLDONE E-Card contains a QR code which can be used for better identification of users (name, address, telephone, email account, photo, Country, and other necessary information). WELLDONE has the right to modify or delete this clause if necessary and the company can also extend other functionalities offered in the Welldone application to other technologies without any form of negotiation with the users of the Welldone application or the users. other applications that Welldone could synchronize with the Welldone application. Any user who uses all the services offered by the WELLDONE Company automatically accepts this clause as soon as they use the Welldone application. E-store : it is an online intermediary service that enables members to sell, and purchase items on the Welldone Online Application. WELLDONE facilitates transactions and allows members to communicate via private messages. WELLDONE also offers additional, payable services to secure these transactions and protection of buyers or to improve the visibility of the items that users are selling. WELLDONE does not sell, buy, or exchange items and is not a party to any transactions between the member. Who can become a user of E-Store? Users are either: - individuals who have created an account on the Welldone App, accepted WELLDONE Terms and Conditions and act as consumers when listing items and making transactions on Welldone App. - Sole traders, nonprofit organizations (associations or foundations) that have accepted WELLDONE terms and conditions and list items on Welldone App as part of their professional activity. Users and/ or Sellers have specific status, rights, and obligations, to respect the WELLDONE terms and conditions. They have to pay tax and comply with obligations in the country where they are located while using E-Store through the Welldone App. WELLDONE is not responsible to pay tax and other obligations on behalf users no matter where they are located while using the Welldone App. Sellers are identified on the Welldone App by a “Photo” displayed next to their name. Only registered Users can list items and enter into transactions on the Welldone App. E-Store is managed and hosted by the company WLLDN, LLC, located in the United Sates of America. WELLDONE receives a percentage of money as a fee related to transactions made by users. WELLDONE holds the right to change the percentage rates (reduce or increase) when they want for the improvement of its service. The percentage rate change does not require any negotiation with the users. WELLDONE will notify users of this change in advance for a period determined by the company itself.
WELLDONE is not responsible for the Content uploaded online by Users. Users are responsible for their Content uploaded online. WELLDONE will remove User’s Content that has been duly notified to it in accordance with the procedure outlined this terms and conditions and with applicable laws and which is in violation of applicable laws and/or WELLDONE policies, that is all rules / regulations governing the use and operation of the Site. WELLDONE may take action against the User, in particular regarding the usability of his/her Account, as provided for in this terms and conditions. If any User (or third person not using the Welldone App) discovers Content condoning crimes against humanity, inciting racial hatred and/or violence, concerning child pornography or any other unlawful content, WELLDONE must be informed immediately either by: Sending an email outlining the underlying facts in detail to the following address email@example.com. If such Content is reported, WELLDONE will immediately, without notice, suspend the account of the User and remove the Content concerned, as provided for in this Terms and Conditions. WELLDONE will suspend the transactions under way while investigating the matter, which may result in WELLDONE in particular taking any of the actions stipulated in this terms and conditions. If a User believes that some Content might violate these Terms and Conditions and/or their rights and/or the rights of a third party (e.g. counterfeiting, insult, breach of privacy rights), the Users may notify this to WELLDONE: Sending an email outlining the underlying facts in detail to the following address firstname.lastname@example.org If such Content is reported, WELLDONE may take action against the User, in particular regarding the usability of his/her Account, as provided for in these terms and conditions. More generally, Users will refrain from uploading any kind of Content that is unlawful, false or inaccurate. Users must act and use the App in good faith. WELLDONE is not responsible for any tax liabilities or reporting obligations that might arise to Users from their activities within the App. For the purpose of the Transactions undertaken on the App, the Users themselves are solely responsible for any taxation reporting duties, if any would arise under applicable legislation. In the event of a Transaction undertaken without the Integrated Payment and Shipping Service offered by WELLDONE, the Seller is responsible for the timely delivery of the Item in proper and due form to the Buyer, according to their agreement. In any event, if a dispute arises between the Buyer and the Seller regarding the delivery of the Item, the Seller must prove that the Item was dispatched (e.g. this may be in the form of a tracking number, an invoice or a document from the express delivery company). In the event of a Transaction undertaken without the Integrated Payment and Shipping Service offered by WELLDONE, the Buyer is responsible for the timely payment of the Item, in accordance with the conditions communicated by the Seller or in accordance with the conditions agreed by mutual agreement. In the event of a Transaction undertaken without the Integrated Payment and Shipping Service offered by WELLDONE, User understands and accepts that WELLDONE is not responsible for disputes occurring between Buyers and Sellers, will not provide assistance and will not be involved in their settlement. These disputes may be resolved in accordance with applicable local law, unless the parties have decided by mutual agreement that the laws of another country will apply. WELLDONE cannot be held liable for unpredictable events such as cyber-attacks security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. In these conditions, it is up to the Users to take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet. The User undertakes: when registering on the App, to provide truthful information about him/herself, in particular his/her username and email address; to register on the App only once and not to create more than one Account unless if necessary, but in such case User cannot register using the same email, also these accounts need to be clearly separated, i.e. personal account cannot be used for commercial sales purposes and vice versa; not to use the App and/or the Services with the aim of undertaking unlawful actions or transactions or fraudulent actions; when using the App, to provide objective, correct, exhaustive and detailed information about the exchange and/or the intended sale; to ensure that the price proposed for the exchange and/or the sale of the Items, as well as other information regarding them, is correct; not to copy the information appearing on the App and uploaded by WELLDONE or another User of the App, or to use them unlawfully. The Users undertake to comply with the following rules when using the App: Not to use (in particular share and/or publish) misleading or incorrect information and/or data; Not to encourage the acquisition of goods, the sale of which is forbidden or restricted; Not to use (in particular share and/or publish) photographs (i) for which the respective User does not hold the intellectual property rights (in general, these are photos found on the Internet), or (ii) which contain links to other websites; Not to use (in particular share and/or publish) photographs
(i) on which people other than the respective User itself visible, unless the other visible people have consented to the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public order (for example erotic photographs, pornographic photographs or photographs with violent contents); Not to publish any Content praising, promoting, encouraging or inciting terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-injury, suicide, torture, cruelty to animals, apology of war crimes, sexual exploitation of children and/or adults, cults; Not to offer and/or to sell and/or to buy and/or to exchange and/or to transfer Items in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions) and/or design rights and/or copyrights; Not to violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights); Not to violate applicable laws and/or regulations; Not to act contrary to public order and/or good moral standards; Not to use (in particular share and/or publish) programmes and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the App and/or the Services, (ii) infect the computers of Users and, therefore, lead to losses for the User or his/her assets or (iii) prevent the User from using the App, the Services or the User’s computer; Not to offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the App. The Users undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose data of the Users of the App or data on the actions of Users of the App, including Transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission. The Users also undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose information that appears on the App, if such may affect the rights of other Users. This restriction does not apply to the share or invite a friend functions which exists on the App and allows Users to share public information available on the App in WELLDONE’ Social Networks Accounts or in their own social network accounts, as well as to send such information to themselves or others by email. Within the limits of applicable laws, WELLDONE is not responsible for the behavior of a User when the latter uses the Services of the App. In particular, WELLDONE is not responsible for the poor implementation or failure to implement transactions by Users. The User undertakes to keep his/her login details and password confidential with regard to third parties, apart from the people who have been authorized by the User to use his/her login details. The User undertakes to immediately update information on the App that is no longer relevant owing to amendments to his/her data (in particular, the information provided during the registration on the App), as well as no longer relevant information on the Items listed in the E-Store and their conditions. You are generally obliged to provide WELLDONE only with accurate data. When data referring to you changes (for example, your address or last name) you shall notify those changes without undue delay by changing your account information. Damages and non-compliance arising from incorrect data being provided by you, are in your sole responsibility, unless applicable data protection and privacy laws stand against a sole responsibility of you for such damages and non-compliance.
WLLDN, LLC and all other companies associated to it hold all rights, in particular the intellectual property rights regarding the App (including all features, services, etc.), in the layout and design of the App, in the software used by and for the App, in the trademarks and domain names used by and for the App. The submission of information or data, in particular photographs on the App, i.e. “Content”, means that Users of the App or the Services hereby grant to WELLDONE and to any company belonging to it, without consideration, a non-exclusive license to use the Content throughout the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such license includes the right to use, copy, reproduce, display and adapt the Content. WELLDONE may use such Content, on any known or unknown media to date and in particular newspaper, the Internet (in banners and articles, on other websites) and all social networks, for operational, commercial, advertising and internal purposes of WLLDN, LLC and it companies, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it. All the notifications, requests and other information exchanged between the User and WELLDONE will be sent as stated in the Terms and Conditions via email, to the email address provided when registering on the App. The Terms and Conditions do not have the effect of creating a partnership (regardless of its legal form) between WLLDN, LLC and the Users, labor law relationships, relationships between a commercial agents and the latter’s customer, nor a franchise relationship. WELLDONE may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting WELLDONE, provided that this does not reduce protection of the consumer’s rights. Such a transfer releases WELLDONE from all obligations as operator of the App, in particular towards its Users for the future. In case WELLDONE transfers and/or assigns these rights and obligations under these Terms and Conditions to any third party, the User has the right to immediately terminate his/her relationship and close his/her account with WELLDONE if they want to do it. Users may not transfer or assign any or all of their rights or obligations arising from these Terms and Conditions. These Terms and all documents referred to in these Terms constitute the entire agreement between WELLDONE and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between WELLDONE and you, whether written or oral, relating to its subject matter. WELLDONE and the User agrees that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither WELLDONE nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them. If any or any part of the terms contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law. In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.