Terms of use

WHATSONPIC TERMS OF USE

Last modified on 2018-11-23

Welcome to WhatsOnPic, an innovative platform that allows people to make immediate purchases of products they see in photos on social media sites. The platform includes the website located at  www.whatsonpic.com  (“WhatsOnPic Site”), WhatsOnPic mobile app (available in Apple Store) (“WhatsOnPic App”) and all other related applications and services (collectively “WhatsOnPic”).  

The platform is owned and operated by LASKVILLE LLC (“LASKVILLE”, “we”, “us”), a legal entity duly incorporated in accordance with the legislation of the Russian Federation.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the WhatsOnPic App operated by us. By accessing or using the WhatsOnPic App, you consent to be bound by the present Terms. These Terms apply to all visitors, users and others who wish to access or use the WhatsOnPic App. If you disagree with any part of the Terms, please do not use the WhatsOnPic App.

DEFINITIONS

In these Terms, the following terms shall have the meanings set forth below:

“User” , “you”  means anyone that uses WhatsOnPic Site, WhatsOnPic App and all other related applications and services.

“Facebook”  means the third party website Facebook.com.

“Instagram”  means the third party mobile app and service Instagram.

“Third parties services”  means websites and services owned by other companies, including but not limited to: Skimlinks ( www.skimlinks.com ), Viglink ( www.viglink.com ), Amazon ( www.amazon.com ).

“User Account”  means an established technique for connecting a user and WhatsOnPic. One user can have only one Account.

“User Account Balance”  means an amount of money on user’s Account at a given moment.

“User Content” , “Content”  means all content on the WhatsOnPic that is provided by Users, including profile descriptions, photos, images, messages, reviews, comments, and links.

“Affiliate Reward” means an amount of money paid to you by a third party when somebody uses your photo to go to the site of the third party and then purchases goods or services from this third party.

“Referral Fee” means an amount of money paid to you by WhatsOnPic  upon registration using a referral link and when a new user creates an Account using the referral code provided by you.

“WhatsOnPic Commission”  means an amount of money withdrawn by WhatsOnPic from your Affiliate Rewards according to these Terms for the WhatsOnPic services.

“PayPal Account”  means an Account with the third party service www.paypal.com .

AGE LIMITS

WhatsOnPic is not intended for people under 18 years of age. To register and create your Account you should be at least 18 years of age. If we become aware that a user is a child under the age of 18, we will immediately terminate the Account of such a user.

We ask parents and guardians to supervise the online activities of their children.

TERRITORY AND TAXATION

Please note that the amounts transferred to your User Account on with WhatsOnPic represent an income and are subject to taxation. You calculate and pay your taxes by yourself. WhatsOnPic bears no responsibility for your taxes.

COMMUNICATIONS

By creating an Account on WhatsOnPic, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you can opt out of receiving such emails by clicking the Unsubscribe link or by following the instructions from each email we send to you.

As for non-commercial communications (with notifications on any changes in WhatsOnPic Terms of Use, security regulations, Account information and so on), you cannot opt out of it. You receive such emails as long as you use the WhatsOnPic App.

MOBILE SERVICE CHARGES

By using the WhatsOnPic App, you acknowledge and agree that standard charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use the WhatsOnPic App, and that any and all such charges will solely be your responsibility. There is no fee imposed by WhatsOnPic for downloading and using the WhatsOnPic App.

CONTENT

The WhatsOnPic App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). All the materials are made available online by you, not by us. The material is transmitted through the WhatsOnPic without modification of its content. You are responsible for the Content that you post on or through the WhatsOnPic App, including its legality, reliability and appropriateness.

By posting Content on or through the WhatsOnPic App, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the WhatsOnPic App does not wiolate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the WhatsOnPic App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the WhatsOnPic App. However, by posting Content using the WhatsOnPic App you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the WhatsOnPic App. You agree that this license includes the right for us to make your Content available to other users of the WhatsOnPic App, who may also use your Content subject to these Terms. LASKVILLE LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through the WhatsOnPic App are the property of LASKVILLE LLC or used with permission. You may not distribute, modify, transmit, download, repost, copy or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

ACCOUNTS

When you create a User Account with the WhatsOnPic App, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your Account on the WhatsOnPic App.



You are responsible for the maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or your Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with the WhatsOnPic App or a third party service. You must notify us immediately upon becoming aware of any breach of security of unauthorized use of your Account.

If you have an Account with Facebook or Instagram, you can also register using your Facebook or Instagram Account.

It is your responsibility to inform us about any changes in your Account information, including your contact information. Please be informed that you are responsible for safeguarding your Account access information and are responsible for all uses of your username and password. If you allow others to use your Account, you are responsible for all their activities on your Account.

WhatsOnPic allows you to collect Affiliate Rewards and Referral Fees on your Account. The User Account Balance is always displayed on the screen when you enter your Account.

Once your User Account Balance reaches a threshold of $20 (no more than $10 of Affiliate Rewards), you may withdraw the funds to your PayPal Account.

Before a funds withdrawal the User shall:

  • provide a valid e-mail address and confirm that this e-mail address belongs to the User;
  • provide a phone number and confirm that this number belongs to the User;
  • bind a PayPal Account which will be used for funds withdrawal to the Account;
  • give the User’s consent to this Terms and the Privacy Policy.

Unless all these conditions are fulfilled no funds withdrawal shall be allowed.

There are two kind of status of money on your User Account: “Pending” means that this amount is not yet verified by third parties or not available under these Terms; “Available” means that you can withdraw this amount to your PayPal Account.

One User may have only one Account with WhatsOnPic. Users are allowed neither to join the accounts nor to transfer money between User Accounts. If a User has two or more Accounts, such accounts shall be blocked without any further notification and without an opportunity to withdraw funds from them.

PERMITTED USES

As a User, you may use the WhatsOnPic to:

  • choose products to buy (however, all purchases should be made through third party services and not on the WhatsOnPic);
  • view User Content posted by others;
  • post User Content for viewing by others;
  • view how other Users respond to your posts;
  • collect and withdraw Affiliate Rewards and Referral Fees.

AFFILIATE REWARDS

As a User, you may be able to earn Affiliate Rewards on the WhatsOnPic App from photos and images posted by you that identify and promote particular items when somebody uses your photo to go to the site of the third party and then purchases goods or services from this third party. Affiliate Rewards are calculated and determined by third parties based on rates and criteria specified by third parties themselves. Please be informed that such rates and criteria may vary from one third party to another and/or from product to product. Please note that we take no responsibility for Affiliate Rewards counting and payment. Please also take into Account that the Affiliate Reward can be withdrawn, pursuant to the Terms of Use of a third party.

For a newly registered users, the WhatsOnPic commission in the amount of from 50% to 60% will be withdrawn from the Affiliate Rewards. The commission percentage may vary depending on the category of goods.

Once your User Account Balance reaches a threshold of $100, the WhatsOnPic commission shall be no more than 15-25% of the corresponding Affiliate Reward.

 

REFERRAL FEES

If you register using a referral link (referral code), you will get 10$ to your User Account. This amount shall have “Pending” status on your Account and not available for withdrawal unless the amount of your Affiliate Rewards reaches $10.

One person can receive only one Referral Fee for a registration using a referral link (referral code).

The User that has invited other users using the referral link obtains the amount of Referral Fees equal to the amount of Affiliate Rewards earned by the invited user within the first three months after registration, but no more than $100 for each invited user. These amounts can have “Pending” status within the term necessary for verification of purchases.

PROHIBITED USES

You are not allowed to:

  • use the WhatsOnPic other than for your own lawful use in compliance with the Terms and all applicable laws;
  • impersonate another, or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
  • falsify Account registration information, or make unauthorized use of another persons’ information;
  • use the WhatsOnPic in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
  • copy, reproduce, distribute, modify, remove, erase, modify or create derivative works from any WhatsOnPic Content, which you do not own, without the express prior written consent of LASKVILLE LLC;
  • upload, post, display, publish or distribute any User Content that is offensive, obscene, vulgar, pornographic, violent, fraudulent, false, misleading, defamatory, libellous, hateful, or discriminatory, or violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right;
  • interfere in any way with the operation of the WhatsOnPic App or any server, network or system associated with the WhatsOnPic;
  • use the WhatsOnPic App for any unauthorized purpose, included but not limited to, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other benchmarking or competitive purposes;
  • use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the WhatsOnPic App or any server, network or system associated with the WhatsOnPic App, or to extract, collect, harvest or gather content or information from the WhatsOnPic App;
  • make any other use of the WhatsOnPic App that violates these Terms or any applicable law.

To inform us about any abuse or misuse of the WhatsOnPic App, please contact us via email at  info@whatsonpic.com .

RESPONSIBILITIES OF USERS

As a User, should guarantee and bear the fullest responsibility for that you:

  • ensure that your User Content does not violate copyright, trademark, right of privacy, right of publicity, or other property or personal right of anybody;
  • pay all applicable taxes and commissions with respect to your transactions and User Referral Fees and Affiliate Rewards you receive;
  • ensure that your Account information is accurate and up to date;
  • comply with all applicable laws.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the WhatsOnPic App infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to  info@whatsonpic.com , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. You may be held Accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the WhatsOnPic app on your copyright.

You can contact our copyright agent via email at:

info@whatsonpic.com

INTELLECTUAL PROPERTY

The WhatsOnPic App and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of LASKVILLE LLC and its licensors. The WhatsOnPic App is protected by copyright, trademark, and other laws of both the Russian Federation and foreign countries. Our trademark and trade dress may not be used in connection with any product or service without the prior written consent of LASKVILLE LLC.

LINKS TO THIRD PARTY SERVICES

The WhatsOnPic App contains links to third party websites or products or services, such Skimlinks or Viglink.

Please note that the WhatsOnPic does not operate purchases and does not collect or process credit card, debit card or other payment Account information. No transactions can be made through the WhatsOnPic app. If you wish to make a purchase of an item represented on WhatsOnPic Website, you will be directed to a third party service to place your order.

LASKVILLE LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that LASKVILLE LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit and use.

TERMINATION

We may terminate or suspend your Account and bar access to the WhatsOnPic App immediately, without prior notice and liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your Account, you may simply discontinue using the WhatsOnPic App.

All provisions on the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless LASKVILLE LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the WhatsOnPic App, by you or any person using your Account and password; b) a breach of these Terms, or c) Content posted on the WhatsOnPic.

LIMITATION OF LIABILITY

In no event shall LASKVILLE LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the WhatsOnPic App; (ii) any conduct or content of any third party on the WhatsOnPic; (iii) any content obtained from the WhatsOnPic App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the WhatsOnPic App is at your own risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The service is provided without warranties of any kind, whether express or implied, including, bit not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

LASKVILLE LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the WhatsOnPic App will function uninterrupted, secure or available at any particular time or location; b) by any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitation above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the Russian Federation, without regard to its conflict of law provisions.

SEVERABILITY

If any provision contained in these Terms is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms shall not be affected and shall remain in full force and effect.

NO WAIVER

A failure by LASKVILLE LLC to exercise or enforce any right or provision under these Terms does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Use will only be effective if it is in writing and signed by LASKVILLE LLC.

INTEGRATION

These Terms constitute the entire agreement between us regarding the WhatsOnPic App, and supersede and replace any prior agreements we might have had between us regarding the WhatsOnPic App.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If any material changes occur (i.e., the change affects a substantial part of the Terms and the rights of users), we will notify you via email included in our emailing list. If you have a WhatsOnPic Account, we may ask you to adopt the changes by clicking on a link in an email. If you continue using WhatsOnPic after such changes occurred, you automatically agree to modified conditions.

CONTACT INFORMATION

To ask any questions or provide comments about the present Policy and our privacy practices, please do not hesitate to contact us via email at:info@whatsonpic.com

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