1. Terms of use
Please read these terms and conditions (“Terms of Use” or “Terms”) carefully before using our website and related applications and services (collectively “Services”). These Terms of Use (together with the documents referred to in it) tell you the rules for using our Services (including website and subdomains), applications for mobile, tablet, desktop, browsers and other smart device systems through which we make our video tools and services available. Use of our Services includes (but is not limited to) accessing, browsing, registering to use, uploading, visualising and sharing material via our Services.
By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree, you must not use our Services. By using Services on any computer, tablet, mobile phone or other device (collectively, “Devices”), you signify that you have read, understood and agreed to be bound by these Terms of Use and any other applicable law. We may change these Terms of Use at any time without notice, effective upon its posting to our website and other applications.
We want our Services to be as open and inclusive as possible, but we also want it to be safe, secure and in accordance with the law. So, we need you to commit to a few restrictions in order to use our Services:
You must be at least 13 years old. Users below 16 cannot use our Services unless their parent or guardian does so and provide us with your personal information.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted sex offender.
If you are under age 16, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Welcome to weMove the platform accessible via our website, wemovetogether.uk (“Platform”), which is provided by Queen Mary University of London in the United Kingdom (collectively such entities will be referred to as “weMove”, “we” or “us”).
weMove is a website with related Services that belongs to Queen Mary University of London, a body incorporated in England and Wales by Royal Charter with registration number RC000710 whose principal offices are at Queen Mary and Westfield College, University of London, Mile End Road, London E1 4NS. We are the owner of the wemovetogether.uk domain. If you have questions for us, you may be able to find an answer on our website (wemovetogether.uk), or you can write to us at our address shown thereon. We aim to respond to you within 28 days of receiving your message.
Access to certain Services or features of the Services (such as for example the ability to submit or share User Content) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
Your access to and use of our Services is also subject to or Privacy Notice. By using the Services, you consent to the terms of our or Privacy Notice.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
3. Physical Activity Notice
Our Services may include features that promote physical activity. You should consider the risks involved and consult with your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, our Services.
4. Intellectual Property
All intellectual property on our Platform and Services is owned by weMove or its licensors, and “intellectual property” means all copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection in any part of the world, together with any and all edits, modifications, iterations, additions, adaptations and/or versions of any of the same created by on your behalf in using the Services and/or the Platform. All trademarks, service marks and trade names are owned, registered and/or licensed by weMove. All contents of our Services (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) are a collective work under the United Kingdom and other copyright laws and are the proprietary property of weMove. All rights reserved. You shall not access, use or disclose our original source code, technique, algorithms and procedures of or contained in or relating to our Platform and/or Servcies. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our Applications (other than any content that you have uploaded, created or edited on our Applications) for commercial purposes without obtaining a licence to do so from us or our licensors, which licence may be granted entirely at our discretion or that of our licensors.
If you breach these terms, your right to use our Platform and Services will cease immediately and you must destroy any copies of the materials you have made.
5. Restrictions of the use of our Content and Services
You may use our Content and Services only for your own non-commercial use. You agree not to change or delete any ownership notices from materials downloaded or printed from our Services. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Content or materials (or any intellectual property in any of the foregoing) appearing on or accessible via our Platform and/or Services, without weMove prior written consent, unless it is your own Personal Information (defined below) that you legally post or upload on our Services, You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
6. Personal Data
To use our Services, you may be asked to provide certain personal data as the meaning is given to that term in the Data Protection Legislation (as defined in our Privacy Notice) in force from time to time (“Personal Data”), and which may include your name, age, sex, country of residence, email account and video footage. If you choose to provide any Personal Data, you agree to provide accurate and current information about yourself, and weMove will not be responsible for any injury related to any Personal Information you submit to our Services or omit. The use or disclosure of any Personal Data you supply will be governed by our Privacy Notice.
7. Links
Our Services may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). weMove does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. weMove is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
8. Devices
Our Services contains features that are available to certain Devices via the world wide web. Your carrier’s normal rates and fees apply. Not all Services will work with all carriers or Devices. By using the weMove Services, you agree that we may communicate with you via email and that certain information about your use of these Services may be shared with us. If you change or deactivate your email account, you must promptly update your account information to ensure that we don’t send your messages to a different person.
9. Indemnification
You agree to indemnify, defend, and hold harmless weMove, its affiliates, officers, directors, employees, agents, licensors and suppliers (each and together, “Indemnities”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Data, your supply thereof, and/or the authorised use thereof, your use of our Services, your conduct in connection with our Services or with other Service users, or any violation of these Terms of Use, any law or the rights of any third party.
10. Privacy
Our Privacy Policy further describes the collection and use of information on these Services.
11. User Interaction Disclaimer
You are solely responsible for your interactions with other people on or via our Platform, and whether online or in person. weMove is not responsible or liable for any loss or damage resulting from any interaction with other Service users, persons you meet through our Services, or persons who find you because of information posted on, by or through our Services. You agree to take reasonable precautions in all interactions with other users on our Services, and conduct any necessary investigation before meeting another person. weMove is under no obligation to become involved with any user dispute, but may do so at its own discretion.
12. Warranty Disclaimer
weMove is not responsible or liable for any Personal Information posted on our Services or for any offensive, unlawful or objectionable content you may encounter on or through our Services. Our services are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, weMove disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. weMove cannot guarantee and does not promise any specific results from use of our Services. weMove does not represent or warrant that our Services will be uninterrupted or error-free, that any defects will be corrected, or that these Services or the server that makes our Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, weMove does not make any warranties or representations regarding the use of the materials or Content in our Services in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you access or obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your Devices in which you access our Services, loss of data or other harm of any kind that may result. weMove reserves the right to change any and all Content and other items used or contained in our Services at any time without notice.
13. Exclusions and Limitations of Liability
No representation, warranty, condition or term applies to any of the Platform and/or Services (or your use thereof) save as expressly set out in these Terms. Representations or warranties set out expressly in these Terms are in lieu of all other warranties or representations express or implied.
Subject to the final paragraph of this section 13, the total liability of weMove or its Indemnities, collectively for claims under these Terms (and whether the liability arises because of breach of contract, in tort or for any other reason) shall be limited to 100% of the monies paid to us by you hereunder during the twelve (12) month period immediately preceding the event or circumstances first giving rise to such liability. This limit of liability is cumulative and not per-incident.
Subject to the final paragraph of this section 13, in no event shall weMove or its Indemnities be liable for any special, incidental, indirect or consequential damages, or for lost opportunities, revenue, profits; loss of or damage to reputation; loss of contracts; loss of data; or loss of customers; in each case only to the fullest extent permissible at law; and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss, and whether arising in contract, tort (including negligence), or otherwise, even if such party has been informed of the possibility thereof.
Such “loss” shall include in addition any loss or damage which may be incurred by you as a result of any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the Services); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; your failure to provide us with accurate account information; or your failure to keep your password or account details secure and confidential.
You are responsible for any charges that may apply to your use of our Services, including data charges. If you are unsure what those charges may be, you should ask your service provider before using the Service.
We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We shall not be liable for any loss or damage that may arise from your use of them.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales.
14. Changes to our Services
We may update our Services and may change their content at any time, including (but not limited) to reflect changes to our products/services, our users’ needs and our priorities. However, please note that we are under no obligation to update any content on our Services which may be out of date at any given time.
15. Accessing our Services
We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or restrict the availability of all or any part of our Services without notice.
You are responsible for making all arrangements necessary for you to have access to our Services and to backup any content that you have uploaded onto our Services.
You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
16. Your account
To access or use some of our Services, you must register a user account with us. When you create and register this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. You are responsible for keeping your log-in details (including any log in and security tokens, or any other piece of information) confidential and safe. You must not disclose this information to any third party. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. If you know, or suspect that anyone other than you knows, your user identification code, you must promptly change your login credentials and notify us via the [email protected].
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
By registering an account, you acknowledge and accept that an account registered by a bot or any other automated method is not permitted, that you are only allowed to register one account and that your account cannot be shared with any other person.
weMove reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Data, and restrict your use of all or any part of our Services for any or no reason, without notice, and without liability to you or anyone else. You shall not be entitled to claim damages, reimbursement or similar for our suspension or termination of your account.
weMove also reserves the right to block users from certain IP addresses or Device numbers and prevent access to our Services. These Terms of Use remain in effect even after your account is terminated.
You can delete your account or stop using the services at any time. You can do this by deleting your account.
17. No reliance on information
The Content which we own on our Platform and Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Content. Although we make reasonable efforts to update our Content, we make no representations, warranties or guarantees, whether express or implied, that our Content is accurate, complete or up-to-date.
Where our Platform and Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Similarly, where our Platform contains content uploaded by our users (“User Content”), such content is provided for your information only. Such content should not be interpreted as approval by us of any information you may obtain from them. We assume no liability over the content uploaded by our users.
18. Uploading content to our Platform
Whenever you make use of a feature that allows you to upload content to our Platform and Services, or to make contact with other users of our Services, you must comply with these Terms.
Any content you upload to our Platform and make publicly available shall be considered non-confidential. You must not upload, post or share any User Content on or through the Services, or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
When you upload or post content to our Platform, you confirm that you:
have the legal right to do so;
are not prevented to do so (for example, by any applicable law or confidentiality obligations);
are not acting in violation of the intellectual property rights (including moral rights) of any person (which includes natural persons and body of persons corporate or unincorporate), or their right to privacy, when doing so;
have the explicit consent to do so from the people featured in your videos (or similar) and agree to supply their explicit written consent which you obtained on our request; and
have the explicit consent to do so when your video (or similar) features places that require permission to be sought in order to be featured.
You warrant that any such contribution by you (by uploading your content to our Platform) complies with these terms, and you will be liable to us and indemnify us and our Indemnities for any breach of this warranty.
You retain any ownership rights that you may have in your User Content that you upload to our Platform and in any content solely to the extent generated by you on the Platform and whilst using our Services, which when created shall immediately thereupon form part of your User Content for the purposes of these Terms.
You hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence in your User Content, and to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
When you upload or post content to our Platform we need to be able to use and share that content to enable certain features in the application. As such, and to the extent not granted to us above, you hereby grant us the following rights to use that content:
a worldwide, revocable, non-exclusive, royalty-free, transferable licence to use, reproduce and display that user-generated content in connection with the services provided by our Services; and
a worldwide, revocable, non-exclusive, royalty-free, transferable licence for other users or partners to use the content in accordance with the functionality of our Services.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or confidential information, or of their right to privacy.
We have the right to remove any posting / upload you make on our Services for any reason, including if your material, post or footage does not comply with these Terms.
While we will use reasonable endeavours to not to act so as to be responsible for the loss of any content you upload to or create with our Services, you are solely responsible for securing and backing up your content.
When you upload or post content to our Services, you agree that we shall have access to your content. Our access and use of your content (along with that of any sub-processors) is subject to our Privacy Notice.
If you choose to make your content available to other parties within our Services, your personal data and identifier (including user name, uploaded content, footage, profile image, avatar or nickname) may be made available to the general public.
19. User-generated content on our applications
Our Platform and Services may include information and materials uploaded by other users of our Services. These information and materials (if any) have not been verified or approved by us. The views expressed by users on our Platform and Services do not represent our views or values.
If you wish to complain about content uploaded by any user, please contact us at [email protected] with the following information:
your full name, email address, postal address and telephone number;
who you are complaining on behalf of;
link or location of the content that you are complaining about;
details of your complaint; and
your request.
20. Malicious use or digital attacks.
You must not misuse our Platform and Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Applications is stored or any server, computer or database connected to our services. You must not attack our Platform and Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform and Services will cease immediately.
We do not guarantee that our Platform and Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software and take security precautions where possible.
20. Linking to our Services
You may link to our website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
21. Miscellaneous
A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by us or you to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
No single or partial exercise of any right or remedy provided under these Terms or by law shall preclude or restrict the further exercise of any such right or remedy.
You shall not, without our prior written consent, assign, transfer, charge, mortgage, subcontract, novate or deal in any other manner with all or any of its rights or obligations under these Terms.
We may at any time assign, transfer, charge, mortgage, subcontract, novate or deal in any other manner with all or any of its rights or obligations under these Terms.
A person who is not a party to these Terms shall not have any rights under or in connection with it, whether pursuant to the Contract (Rights of Third Parties) Act 1999, at common law, or otherwise.
We may terminate these Terms with you at any time upon notice. Termination or expiry of these Terms, however arising, shall not affect any of our respective rights and remedies that have accrued as at such date. Provisions herein which expressly or by implication survive termination or expiry thereof shall continue in full force and effect.
22. Applicable law
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).