PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING THE SERVICES OR PLATFORM OR ANY OTHER SERVICES PROVIDED BY LASSWHO?, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES OR PLATFORM.
IN PARTICULAR, PLEASE READ CAREFULLY ALL TERMS RELATING TO LIABILITY AND DISCLAIMERS AND THE CHARGES THAT YOU ARE RESPONSIBLE FOR IF YOU CANCEL A VIDEO CHAT.
The Platform and Services provided by way of the Platform and LassWho? are offered and available to Users who are 18 years of age or older. If you are under 18, you may not use the Platform or Services. By using the Platform and Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
1 DEFINITIONS AND INTERPRETATION
1.1 As used in these Terms, the following terms shall have the following meanings:
1.1.1 “Admin Cancellation Fee” a fee charged to the Host for cancellation in accordance with the Cancellation Policy.
1.1.2 “Agenda” the pre-agreed Discussion topics for a Video Chat prepared and submitted by the Host and agreed between the Host and the Celebrity Speaker through the Platform booking service.
1.1.3 “Apple or Google Fees” the booking fees payable and relevant only in instances where Apple or Google stipulate the booking of the LassWho? Event must be taken via the LassWho? App.
1.1.4 “Cancellation Policy” the cancellation policy described in clause 8.3.
1.1.5 “Celebrity Speaker Fee Commission” the fee payable to the Celebrity Speaker by LassWho? following the deduction by LassWho? of:
(a) the LassWho? Fee;
(b) any payments to Third-Party Payment Gateway Providers; and
(c) any payment to, or deduction by, the application platform host of Apple or Google Fees.
1.1.6 “Celebrity Speaker Fee” the gross fee charged to the Host for a Video Chat booked via the Platform. Fee levels and charges are determined on a per minute and per hour basis as determined by LassWho? and are detailed on the Platform.
1.1.7 “Celebrity Speaker Prohibited Topics” a list of topics stipulated by the Celebrity Speaker in their LassWho? Celebrity Speaker Profile and notified to the Host prior to a Video Chat, which the Host may not Discuss.
1.1.8 “Celebrity Speaker Warning” a verbal notice provided from the Celebrity Speaker to the Host that there has been a first breach of the Rules of Engagement and that the Video Chat shall be immediately terminated via a Termination Notice if there is a second breach of the Rules of Engagement.
1.1.9 “Celebrity Speaker” a person who registers with LassWho? as a speaker and who provides a Video Chat to a Host through the Platform at the point of booking.
1.1.10 “Code of Conduct” the prohibited actions specified in clause 3.
1.1.11 “Data Protection Legislation” the Data Protection (Jersey) Law 2018 (as amended from time to time) and any other legislation relating to personal data, and all other legislation and regulatory requirements in force from time to time which apply relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party. Controller, processor, data subject, personal data, personal data breach, processing, and appropriate safeguards are defined in the Data Protection (Jersey) Law 2018.
1.1.12 “Discussion” the conversation during a LassWho? Event / Video Chat between the Celebrity Speaker and the Host and any messaging service provided by the Platform and “Discuss” shall be interpreted accordingly.
1.1.13 “End Time” the designated end time of a Video Chat agreed between the Host and the Celebrity Speaker via the Platform booking service.
1.1.14 “Host” a person who registers with LassWho? as a host and who pays for hosting a Video Chat with a Celebrity Speaker via the Platform.
1.1.15 “LassWho”?” “we” or “us” Protime Investments Limited, a company incorporated in Jersey with registration number 132483 and registered office at First Floor Tower House La Route es Nouaux St Helier Jersey JE2 4ZJ, which is the owner of the Platform and all associated intellectual property and any holding company or subsidiary of LassWho?.
1.1.16 “LassWho? App” the LassWho? mobile application available in the Apple App Store and Google Play store.
1.1.17 “LassWho? Celebrity Speaker Profile” the profile created by the Celebrity Speaker initially when registering their LassWho? account, as updated from time to time.
1.1.18 “LassWho? Event” a Video Chat booked and paid for by the Host via the Platform on an agreed date, starting at the Start Time and ending at the End Time.
1.1.19 “LassWho? Fee” the service fee that LassWho? charges in respect of facilitating the Services from or for a Video Chat, which equates to 30% of the Celebrity Speaker Fee and is calculated before any third party commission or charges are applied.
1.1.20 “Marks” has the meaning given to it in clause 12.7.
1.1.21 “Participants” has the meaning given to it in clause 2.9.
1.1.22 “Payment Card” has the meaning given to it in clause 7.2.
1.1.23 “Platform” the LassWho? App and the LassWho? website at www.lasswho.com and any other technology or software that LassWho? owns and provides in connection with these Terms.
1.1.24 “Privacy Policy” the privacy policy of LassWho?, as updated from time to time and uploaded to the Platform.
1.1.25 “Promotional Materials” has the meaning given to it in clause 5.2.
1.1.26 “Rules of Engagement” has the meaning given to it in clause 2.9 and clause 4.
1.1.27 “Services” the provision and use of the Platform by Users for Video Chats.
1.1.28 “Share” to upload, post, transmit, share, store, link to or otherwise make available on or through the Platform or the Services.
1.1.29 “Start Time” the designated start time of a Video Chat agreed between the Host and the Celebrity Speaker via the Platform booking service.
1.1.30 “Termination Notice” a verbal notice provided by the Celebrity Speaker to the Host that there has been a second breach of the Rules of Engagement and that the Video Chat shall be immediately terminated.
1.1.31 “Terms” these terms and conditions and the Privacy Policy.
1.1.32 “Third Party Payment Gateway Providers” service providers such as PayPal, Braintree, Stripe, Transferwise, Apple Pay, Google Pay or other providers LassWho? may choose to use for payment settlement purposes or to charge fees and commissions via the Platform.
1.1.33 “User Material” has the meaning given to it in clause 11.1.
1.1.34 “Video Chat” an electronic video conference, call, session or event booked and paid for by the Host, the Celebrity Speaker and the Participants via the Platform; and
1.1.35 “You” or “User” any Celebrity Speaker, Host, Participant, consumer or business using the Services or Platform.
2 INTRODUCTION
2.1 About: LassWho? is a unique digital platform where fans connect, engage and interact live with their heroes via video conferencing. LassWho? helps inspirational figures reach their fans on their own terms and in their own time.
2.2 Platform: Through the Platform, you may register as a Celebrity Speaker or as a Host, and you can schedule Video Chats.
2.3 Parties: Your use of the Platform is subject to the terms of a legal agreement between you and LassWho?.
2.4 Agreement to Terms: These Terms contain the terms and conditions of that legal agreement. The Terms “you” or “your” refer to the individual accessing the Platform and/or using the Services as well as the entity or business that the individual is representing (if any). To use the Services and Platform, you must first agree to these Terms.
You acknowledge your acceptance of these Terms, our Privacy Policy and any other terms posted on the Platform by clicking to accept or agree, where this option is made available to you; or by actually registering for and/or using the Services or the Platform. If you do not agree with some or all of the provisions of these Terms, do not use the Services or the Platform.
2.5 Amendment of Terms: Further to clause 23.6, we reserve the right to amend these Terms at any time as provided herein. You may reject the changes by simply not using the Services and the Platform or terminating your account, if applicable.
2.6 Registration: You are required to register with LassWho? for the Platform and log in to use the Services. Through the registration and log in process, you will be asked to provide information about yourself (such as name, address, email address and other contact details) as well as other basic information.
2.7 Data: You agree that all information provided is done so at your own discretion and that you are not obligated to use the Services or Platform or provide any information. You agree, however, that any information you give to us will always be accurate, correct and up to date. For full details of how we use your data please refer to our Privacy Policy.
2.8 Minimum Age: You represent that you are above the age of 18 and are able to form a legally binding contract. You must be at least 18 years old to be eligible to host a Video Chat.
2.9 Video Chats: The details, conditions and terms for a LassWho? Event / Video Chat (the “Rules of Engagement”) shall be specified on the Celebrity Speaker’s booking page on the LassWho? App including:
2.9.1 the proposed maximum length;
2.9.2 any limit on the number of persons in addition to the Host who may attend and participate in the Video Chat (collectively, “Participants”);
2.9.3 any participation criteria;
2.9.4 the Celebrity Speaker Prohibited Topics;
2.9.5 the Celebrity Speaker Fee for the Video Chat; and
2.9.6 any other conditions, limitations, restrictions, or information.
If you choose to host a Video Chat, you agree to participate in the Video Chat in accordance with the Rules of Engagement. As a Host, you are also fully responsible and liable for the actions of Participants on your Video Chats as if they were your own actions and as if the Participants were party to these Terms.
You will use any video conferencing provider (for example, Zoom), calendar, or other software or app designated by LassWho? for the Video Chat and will comply with any third party applicable terms and privacy policies. You will use any login or other information provided by LassWho? only to participate in the Video Chat.
2.10 Use of Services: You agree to use the Services and Platform only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in your relevant jurisdiction and country. You agree to comply with any local laws or by-laws including consumer rights or the equivalent in your jurisdiction and country.
2.11 Access to Services: You agree not to access (or attempt to access) the Services by any means other than through the LassWho? App and, if required, through logging in with your user name and password. You expressly agree not to access (or attempt to access) the Platform through any automated means (including but not limited to use of scripts or web crawlers).
2.12 Non-interference: You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which may be connected to the Platform).
2.13 Replication of Materials: You agree that you will not reproduce, duplicate, copy, post on social media, sell, trade or resell the Services or User Materials or any portion thereof.
2.14 Losses: You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
3 CODE OF CONDUCT
3.1 Code of Conduct: When using the Services or the Platform in any way, you represent and warrant that you will comply with LassWho? ‘s code of conduct which requires Users to not:
3.1.1 Language: use offensive or objectionable language or images;
3.1.2 Violence: incite violence or characterise violence as acceptable, glamorous or desirable;
3.1.3 Marketing: share unsolicited promotions, political campaigning, advertising or solicitations;
3.1.4 Discrimination: discriminate against, defame, abuse, harass, sexually harass or threaten others;
3.1.5 Dress: dress in an inappropriate or provocative manner that may cause distress or offence to any of the parties to the LassWho? Event / Video Chat;
3.1.6 Spam: SPAM other Users by sending them commercial messages;
3.1.7 Fraud: post fraudulent material, stories or misrepresent yourself in any way;
3.1.8 Hate speech: make any bigoted, hateful, or racially or sexually offensive statements;
3.1.9 Illegal acts: advocate illegal activity or discuss illegal activities with the intent to commit them;
3.1.10 IP and copyright: distribute any material that infringes and/or violates any right of a third party or any law or any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting your own User Material, you represent and warrant that you have the lawful right to distribute and reproduce such User Material;
3.1.11 Sexual Content: discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images;
3.1.12 Virus: distribute any software or other materials that contain a virus or other harmful components;
3.1.13 Exploitation: distribute material that exploits children;
3.1.14 User Material: Share any User Material that you do not own or have the right to Share;
3.1.15 Accounts: register for more than one User account without our written permission or register for a User account that is not in your name;
3.1.16 Misrepresentation: impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
3.1.17 Extremist: share User Material that is considered to be extremist such as pseudo-science or conspiracy theories; and
3.1.18 General behaviour: act in a way that is contrary to the spirit and essence of the Platform or is contrary to the high standards that LassWho? promotes concerning acceptable standards of behaviour.
4 RULES OF ENGAGEMENT
4.1 Agreement of Rules: Prior to a Video Chat, the Celebrity Speaker and the Host shall agree on an Agenda via the Platform and the Rules of Engagement.
4.2 Penalties for breaches: A failure to comply with the Rules of Engagement (in the Celebrity Speaker’s absolute discretion), the Code of Conduct or these Terms may result in:
4.2.1 the Celebrity Speaker issuing a Celebrity Speaker Warning;
4.2.2 the Celebrity Speaker issuing a Termination Notice and the forfeiture of the remaining time on the Video Chat;
4.2.3 immediate, temporary or permanent withdrawal of your right to use the Platform;
4.2.4 immediate, temporary or permanent removal of any User Material;
4.2.5 legal action against you; or
4.2.6 any other action LassWho? reasonably deems appropriate.
5 CELEBRITY SPEAKER OBLIGATIONS
5.1 As a Celebrity Speaker, in addition to your other obligations under these Terms:
5.1.1 Scheduled Start Time: you must make yourself available at the agreed Start Time until the designated End Time of the Video Chat;
5.1.2 Internet Connection: you must use your best endeavours to ensure that the internet connection and the IT systems you use when providing Video Chats are sufficient to provide clear, uninterrupted lag free video and audio content to the Host and any Participants;
5.1.3 Record of Video Chat: you may but are not obligated to record your Video Chats for dispute resolution and security purposes and retain such recordings for a period of 30 days after the Video Chat. You must ensure that all Video Chats are kept confidential and held in accordance with applicable data protection laws until deleted at the end of the 30-day period;
5.1.4 Violations: if you believe that a Host or Participant or the contents of a Video Chat violates these Terms, you will promptly notify LassWho? in writing to [email protected];
5.1.5 Formation of agreement: you agree that when you accept a Video Chat request via the Platform, an agreement is formed between yourself and the Host. This agreement (including the Rules of Engagement) forms the entirety of the contract between yourself and the Host and cannot be modified unless by mutual agreement or unless cancelled via the Platform;
5.1.6 IP: the content of your Video Chats must not infringe any copyright data, information, text, images or intellectual property rights either belonging to LassWho? or a third party;
5.1.7 Loss: you are solely responsible for any damage that the Host or Participants suffer as a result of the content of your Video Chat;
5.1.8 Taxes: you are responsible for all taxes, penalties, fines and charges resulting from the Celebrity Speaker Fee; and
5.1.9 Cancellation: you agree to the Cancellation Policy and that you will take no further action for inconvenience or any other direct or consequential loss as a result of a cancellation.
5.2 Celebrity Speaker Promotion: At no cost to LassWho?, you will provide to us the following promotional materials (“Promotional Materials”) within 72 hours of beginning the LassWho? Celebrity Speaker on-boarding process on the Platform:
5.2.1 no less than five (5) high resolution images of yourself that you own yourself, free from copyright, for the purposes of LassWho? promoting you via the Platform and social media accounts;
5.2.2 your LassWho? Celebrity Speaker Profile biography; and
5.2.3 a self-recorded, using suitable lighting and sounding, promotional video of approximately 30 seconds in length to let Hosts know that they can book you on the Platform.
You will not be able to receive requests from Hosts until the information in clause 5.2 is provided to LassWho?. From time to time, we may request additional promotional materials from you for LassWho’s use to promote you on or in connection with the Platform or on any social media platform or third party website.
6 HOST OBLIGATIONS
6.1 As a Host or a Participant, in addition to your other obligations under these Terms:
6.1.1 Scheduled Start Time: you must make yourself available at the agreed Start Time until the designated End Time of the Video Chat;
6.1.2 Internet Connection: you must use your best endeavours to ensure the internet connection and the IT systems you use when participating in Video Chats are sufficient for clear, uninterrupted, lag free Video and audio content;
6.1.3 Formation of agreement: you agree that when you have a Video Chat accepted by a Celebrity Speaker, an agreement is formed between yourself and the Celebrity Speaker. This agreement (including the Rules of Engagement) forms the entirety of the contract between yourself and the Celebrity Speaker and cannot be modified unless by mutual agreement or unless cancelled via the Platform;
6.1.4 IP: the content of your Video Chats must not infringe any copyright data, information, text, images or intellectual property rights either belonging to LassWho? or a third party;
6.1.5 Agenda: you are responsible for preparing, submitting and agreeing on the Agenda with the Celebrity Speaker;
6.1.6 Respect: you and any Participants must respect the Celebrity Speaker at all times and be polite and courteous. The Celebrity Speaker has absolute discretion to end a Video Chat prior to the End Time if they consider that the Host or any Participant has breached the Rules of Engagement and therefore it is vital the Host and any Participant do not act in a manner that may lead to a Termination Notice;
6.1.7 Record of Video Chat: HOSTS AND PARTICIPANTS MUST NOT RECORD, USE, PUBLISH, REPRODUCE, DISTRIBUTE, DISPLAY, POST, OR SHARE ANY PORTION OF THE VIDEO CHAT AND DOING SO MAY LEAD TO AN IMMEDIATE TERMINATION NOTICE AND LEGAL ACTION BY LASSWHO? OR THE CELEBRITY SPEAKER AGAINST YOU; AND
6.1.8 Cancellation: you agree to the Cancellation Policy and that you will take no further action for inconvenience or any other direct or consequential loss as a result of a cancellation.
7 FEES & CHARGES
7.1 Pricing: Information regarding the payment tiers for different Celebrity Speakers and the cost of a LassWho? Event with a Celebrity Speaker is detailed on the Platform and website. Pricing is subject to change at any time at LassWho?’s discretion.
Taxes, as required by law, are in addition to all prices listed unless otherwise indicated on the Platform. LassWho? may add new features for additional fees or amend the fees in respect of the Platform or Video Chats at any time at its sole discretion.
LassWho? may offer Users reduced LassWho? Fees or charges for a limited period of time (e.g. 1 month, 6 months or 1 year) in relation to promotional strategies or marketing campaigns. LassWho? shall not be liable to maintain the reduced fees beyond the offer period.
7.2 Credit Card and Payment Details: When you agree to a Video Chat, you authorise LassWho? or our agents to charge the credit or debit card provided (the “Payment Card”) for the relevant Celebrity Speaker Fee and you hereby confirm that the details you provide are accurate and that you have the right to use the Payment Card, the payment method and third-party provider (if any) selected. You represent and warrant that you are the rightful owner of, or are authorised to use, the Payment Card utilised in connection with any transaction. The Payment Card will be charged/authorised in accordance with clause 8.5 for the full amount of the Celebrity Speaker Fee at the time of the booking confirmation.
7.3 Third-Party Providers: LassWho? does not keep credit card information on LassWho?’s servers. LassWho? may use PayPal or any other Third-Party Payment Gateway Provider for card payment processing. PayPal’s and our other Third-Party Payment Gateway Providers’ terms and conditions are found on their websites. LassWho? declines all responsibility related to card payment processing and data as that is the sole responsibility of the third-party providers as per their own terms and conditions. If you do not provide the payment provider with all the required information, you may not make or receive payments. LassWho? will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to make or receive payments as a result of your failure to provide such information.
7.4 Suspension of Account: If LassWho? is unsuccessful in charging any fees described under these Terms or any other amount to your credit or debit card and has still not received payment within 24 hours after informing you, we may suspend or temporarily disable all or part of your access to the Platform (without any responsibility to you).
7.5 Chargeback: If you chargeback a payment you were obliged to pay by these Terms, your account will be immediately suspended until the payment is re-paid or the chargeback is cancelled.
7.6 Collection of Fees: LassWho? will collect the Celebrity Speaker Fee from the Host on behalf of the Celebrity Speaker (including Admin Cancellation Fees). Unless we cannot obtain payment from the Host, for instance, where the payment services provider considers there may be a risk of fraud, LassWho? will transfer the Celebrity Speaker Fee Commission to the Celebrity Speaker within 28 days of the End Time.
7.7 LassWho? Fees: For each Video Chat / LassWho? Event, LassWho? will charge 30% commission of the total Celebrity Speaker Fee, which we will deduct from the amount we transfer to the Celebrity Speaker (e.g. if the Celebrity Speaker Fee is £1,000 then LassWho? receives £300 (30%) and will pay the Celebrity Speaker Fee Commission to the Celebrity Speaker).
7.8 Currency: Payments via Third Party Payment Gateway Providers may be taken in USD or in the currency associated with the Payment Card location.
8 CANCELLATIONS
8.1 Notice of Cancellation: If you wish to cancel a Video Chat, please provide as much notice as possible via the Platform to minimise the extent of Cancellation Fees due.
8.2 Celebrity Speaker Cancellations: Video Chats that have been accepted by the Celebrity Speaker may be cancelled by the Celebrity Speaker via the Platform at any time before the Start Time. Cancellations shall be subject to administration fees charged by Third-Party Payment Gateway Providers in accordance with their terms and conditions, and for which administration fees LassWho? is not responsible. These cancellations fees payable by the Celebrity Speaker shall equal approximately 2.9% of the total Celebrity Speaker Fee agreed, plus £0.30 and any foreign exchange translation charges that may be applicable. For example, in respect of a Video Chat with a fee agreed of £1,000, if the Celebrity Speaker cancels the Video Chat, the Celebrity Speaker will be liable to the Third-Party Payment Gateway Provider for its administration fees of approximately £29.30 plus any foreign exchange translation charges.
No payment will be made to a Celebrity Speaker if they decline, cancel, do not appear, or do not participate in the Video Chat as agreed. If a Celebrity Speaker cancels a Video Chat via the Platform, the Host shall be refunded in full.
8.3 Cancellation Fees and Policy: The following states the LassWho? Cancellation Policy:
8.3.1 Video Chats cancelled by the Host more than 120 hours (5 days) before the Start Time shall incur an Admin Cancellation Fee equal to 30% of the Celebrity Speaker Fee. 70% of the Celebrity Speaker Fee will be refunded. The Admin Cancellation Fee shall be split, with 50% to be paid to the Celebrity Speaker and 50% to be paid to LassWho? subject to any other applicable charges to be paid first in accordance with these Terms.
8.3.2 Video Chats cancelled by the Host between 120 (5 days) and 48 hours (2 days) before the Start Time shall incur an Admin Cancellation Fee equal to 75% of the Celebrity Speaker Fee. 25% of the Celebrity Speaker Fee will be refunded. The Admin Cancellation Fee shall be split, with 70% to be paid to the Celebrity Speaker and 30% to be paid to LassWho? subject to any other applicable charges to be paid first in accordance with these Terms.
8.3.3 Fees charged for Video Chats cancelled by the Host within 48 hours (2 days) before the Start Time shall not be refunded. 0% of the Celebrity Speaker Fee will be refunded. The Admin Cancellation Fee shall be split, with 70% to be paid to the Celebrity Speaker and 30% to be paid to LassWho? subject to any other applicable charges to be paid first in accordance with these Terms.
8.4 Agreement to Cancellation Fees: You agree that LassWho? can charge Admin Cancellation Fees from your Payment Card or bank account without further consent.
8.5 Card Authorisation: You agree that LassWho? may deduct a holding deposit/card authorisation from your Payment Card or account up to the full Celebrity Speaker Fee at the time of booking the Video Chat. This deposit/card authorisation will be fully refundable, less any Admin Cancellation Fees payable in accordance with the Cancellation Policy.
8.6 Cancellation: The time of cancellation for the purposes of this Cancellation Policy shall be the time the cancellation is recorded by LassWho? via the Platform booking system.
9 TECHNOLOGY
LassWho? utilises industry standard telecommunications and videoconferencing technology to enable Video Chats. By participating in a Video Chat, you acknowledge and agree to the relevant third party provider’s privacy policy and any other of its terms. You will use any other communication, scheduling, or another platform, software, or app designated by LassWho? for Video Chats and will comply with any applicable terms and privacy policies.
10 YOUR PASSWORD AND ACCOUNT SECURITY
10.1 Log In: You agree and understand that you are responsible for maintaining the confidentiality of your login ID and any passwords associated with any account you use to access the Platform and Services.
10.2 Liability: You agree that you will be solely responsible for all activities that occur under your account. You must receive permission from the owner of the account to log in to the Platform and use the Services using another person’s account. You can change your password at any time. The unauthorised use of your account could cause you to incur liability to us and/or third parties. Neither us nor any of our owners, employees, agents or affiliates will have any liability to you for any unauthorised transaction made using your password that occurs before you have notified us of the unauthorised use of your password, and we have had a reasonable opportunity to act on that notice.
10.3 Unauthorised use: If you become aware of any unauthorised use of your password or of your account, you agree to change your password to prevent further unauthorised access and notify us immediately.
10.4 Termination: We may, without notice, suspend or cancel your account at any time and for any reason, including without limitation, if we believe, in our sole discretion, that your password is being used without your authorisation or otherwise in a fraudulent manner.
11 USER MATERIAL
11.1 Content: You understand that all information, data, audio, photographs, videos or other images which you may have access to as part of, or through your use of, the Platform and the Services are the sole responsibility of the person from which such content originated. All such information is referred to herein as the “User Material” and includes, but is not limited to, content that you Share to your account profile or through our messaging/communication system.
11.2 IP Rights: You should be aware that some User Material presented to you may be protected by intellectual property rights owned by those who provide that User Material (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on User Material (either in whole or in part) that you do not own or have permission to use and/or modify. Additionally, User Material you Share could be seen by the general public. You should not Share any information that you do not want the general public to know, including, without limitation, personally identifiable information.
11.3 Screening of Content: We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Material from the Platform.
11.4 Use at own Risk: You understand that by using the Services and the Platform you may be exposed to User Material that you may find offensive, indecent or objectionable and that, in this respect, you use the Services and Platform at your own risk. We may remove or edit any User Material at any time and for any reason and/or ban users from the Platform at any time and for any reason.
11.5 Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Material that you Share while using the Services or the Platform and for the consequences of your actions (including any loss or damage which we may suffer) by doing so. We are not responsible for the content or accuracy of any information Shared by Users, and shall not be responsible for any transactions, whether paid or unpaid, made based on such information. All illegal activities will be reported to appropriate authorities and will result in the termination of your account.
11.6 Right to Share: You represent and warrant that you have the full legal right and title, or otherwise have all rights necessary, to all User Material you Share. You acknowledge and agree that LassWho? has no obligation to you in connection with any advertising displayed on or in connection with the Platform (including no obligation to share any revenue received by LassWho? as a result of any such advertising).
11.7 Distribution of User Material: You may not distribute, transmit, record, copy, download, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell otherwise make available any User Material or other material from the Platform, including any text, video, sound or images, for public or commercial or any other use without our express written permission.
12 CELEBRITY SPEAKERS AND HOSTS HIRING CELEBRITY SPEAKERS
12.1 LassWho? not party to Celebrity Speaker and Host Agreements: You expressly acknowledge and agree that LassWho? is only a conduit that allows persons to browse and hire Celebrity Speakers for Video Chats. We provide a Platform for Celebrity Speakers and Hosts to communicate with one another. LassWho? is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability concerning any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, person or organisation. You are solely responsible for your interactions with other Users.
12.2 Monitoring: We reserve the right, but have no obligation, to monitor interactions between you and other Users. LassWho? is just a platform that enables you to communicate and interact with other people. We are not responsible for the interactions that you have with other Users, so please use good judgment and keep safety in mind.
12.3 Liability: LassWho? takes no responsibility and assumes no liability for any actions, non-actions, speeches or content attributable to the Celebrity Speaker or a Host.
12.4 Quality of Video Chat: You agree that LassWho? has no liability or obligation to you regarding the quality of a Celebrity Speaker’s speech or the performance or non-performance of a Video Chat and any IT or electronic communication problems experienced on a Video Chat by any party.
12.5 User Material: LassWho? is not responsible for any User Material that you or other Users post, transmit or store through the Services and the Platform. We have no obligation to post User Material from you or anyone else, and we may, at our sole discretion, edit, remove or delete any User Material without notice. If you become aware of User Material that violates these Terms, you may notify of us such content by using the reporting tools provided on our Services and Platform. Enforcement of these Terms, however, is solely at our discretion, and the absence of enforcement in any instance does not waive our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services or Platform will not contain any content that is prohibited by such rules.
12.6 IP Rights: LassWho? does not claim ownership of any User Material, and ownership will remain with you and any third party whose content you include in your User Material. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence and sub-license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Material and the Video Chat anywhere and in any form for the purposes of providing the Services or the Platform. You grant us the above licence for any content owned by a third party that you include in your User Material and Video Chat.
12.7 LassWho? IP: LassWho? owns all right, title, and interest in and to the Platform and including all software, ideas, processes, data, text, media, and other content available on the Platform and our trademarks, logos and brand elements (“Marks”). The Platform, content, and Marks are each protected under Jersey and international laws. You may not duplicate, copy, or reuse any portion of our content or use the Marks without our prior express written consent.
12.8 Copyright: We respond to notices of alleged copyright infringement and will terminate access to the Platform for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to us including the information below:
12.8.1 your address, telephone number, and email address;
12.8.2 a description of the work that you claim is being infringed;
12.8.3 a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
12.8.4 a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
12.8.5 an electronic or physical signature of the copyright owner (or a person authorised to act for the copyright owner); and
12.8.6 a statement by you that the information you are providing is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
12.9 If you do not follow these requirements, your notice may not be valid.
13 DISPUTES
13.1 Dispute Resolution: Hosts and Celebrity Speakers are required to work directly together regarding any disputes, issues or disagreements related to their agreement and Video Chats. LassWho? is not responsible, and has no obligation, to mediate or otherwise intercede in any such disagreement. LassWho? may, but is not obligated to, forward to a Host or a Celebrity Speaker any complaints or concerns it receives. Users must raise and submit a dispute within 24 hours of the End Time via the Platform, and if Users do not raise or submit a dispute within this timeframe, the dispute may be barred and shall be treated as invalid.
13.2 Recording of Video Chat by LassWho?: LassWho? is permitted to record the Video Chats and keep a record of the Video Chat for 30 days for dispute resolution purposes. In the event that a resolution between the parties cannot be reached, we may use the copy of the Video Chat to support any claim for a refund or adequate resolution. LassWho? may, at its absolute discretion, provide voluntary goodwill assistance to a Celebrity Speaker or Host should all other avenues be exhausted in resolving a dispute. This assistance does NOT imply or confer any liability or contractual relationship or otherwise between LassWho? and a User in respect of the Video Chat.
13.3 Release of claims: If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
13.4 Dispute with LassWho?: If you have a dispute with us relating to LassWho?, please contact us at [email protected] and attempt to resolve the dispute with LassWho? informally. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree on more formal methods of resolving our dispute.
14 SERVICES
14.1 Communication: The Platform may provide a variety of ways to help Users connect. It is your responsibility to use the Platform in compliance with these Terms.
14.2 License: LassWho? grants you a limited, restricted license to use the Platform solely in connection with the Services. You may not use the Platform for any other purpose. You may not modify, disassemble, decompile or reverse engineer the Platform. You may not rent, lease, loan, resell, sublicense, stream, distribute or otherwise transfer or allow access to the Platform to any third party or use the Platform for the benefit of or to provide similar services for any third party. You may not make any copies of the Platform or delete the copyright and other proprietary rights or notices on the Platform.
14.3 Global Locations: LassWho? makes no representations that the Services or Platform are appropriate or available for use in all locations. Those who access or use the Services and the Platform do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including, but not limited to, privacy, data protection and civil and criminal offences.
15 RATINGS AND REVIEWS
15.1 Feedback: Feedback ratings provided by Celebrity Speakers and Hosts following a Video Chat are an essential part of LassWho’s quality control and self-regulation system. Reviews demonstrate the Celebrity Speaker’s and Host’s overall experience on Video Chats. Users must not create false reviews, either positive or negative. All reviews must come from legitimate Video Chats exclusively through the Platform. Ratings must accurately reflect the Video Chat and not contain (in the opinion of LassWho? acting reasonably) offensive, libellous or derogatory language or breach the Code of Conduct. Feedback ratings are available for public display on the LassWho? Celebrity Speaker Profile.
15.2 Public Comments: Feedback comments given may be publicly displayed and are available on the LassWho? Celebrity Speaker Profile. Users are allowed to leave reviews after a Video Chat. Any ratings or reviews reflect the opinions of individual users and do not reflect the opinion of LassWho?, its employees, directors or agents. LassWho? does not verify ratings or reviews for accuracy or correctness and they may be incorrect or misleading. LassWho? reserves the right to review and edit all comments before they are uploaded to the Platform.
15.3 Privacy Policy: Subject to our Privacy Policy, we reserve the right to use ratings on the Platform within marketing media or other social media platforms.
16 DISCLAIMER
16.1 Liability: Subject to applicable law, LassWho? shall not be liable to you or to any third party for any indirect, incidental, special, or consequential damages arising out of the Services or the use of the Platform under these Terms including, but not limited to, damages for lost profits, lost savings or lost data, or for any damage related to the use of, or inability to use, the Platform or the Services even if LassWho? has been advised of the possibility of any such damages. You agree that the limitations of damages set forth above are fundamental elements of the basis of the agreement between LassWho? and you.
16.2 Maximum extent of Liability: LassWho?’s total aggregate liability under these Terms for any and all claims shall be for those direct damages suffered by you and solely due to LassWho?’s performance under these Terms and shall not exceed the LassWho? Fees actually paid by you to LassWho? for the services directly related to the damages suffered. No action, regardless of form, arising out of these Terms, may be brought by you more than three months after the cause of action has accrued. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within three months after such cause of action arose or be forever barred.
16.3 Exclusion: Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
17 WARRANTIES
17.1 Warranties exclusion: Save as provided for in these Terms and as may not be excluded by law, no warranty or indemnity whether express or implied, including any warranty imposed or implied under the Supply of Goods and Services (Jersey) Law 2009 (as amended from time to time) or the equivalent or comparable legislation in other relevant jurisdictions is given in connection with the Services or the Platform.
17.2 Exclusions: We do not warrant:
17.2.1 that the content (whether posted or stated by us, a Host, a Celebrity Speaker or anyone else) is accurate, reliable or correct;
17.2.2 that the Platform, Services or Celebrity Speakers will meet your requirements or expectations;
17.2.3 that the Platform will be available at any particular time or location, uninterrupted or secure;
17.2.4 that any defects or errors will be corrected; or
17.2.5 that the Platform is free of viruses or other harmful components.
17.3 Downloads: Any content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
18 INDEMNITY
18.1 Indemnities to LassWho?: To the maximum extent permitted by applicable law, you agree to release, defend (at LassWho?’s option), indemnify, and hold LassWho? and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
18.1.1 your breach of these Terms;
18.1.2 your improper use of the Platform or Services (in the opinion and absolute discretion of LassWho?);
18.1.3 your interaction with any User including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use; or
18.1.4 your breach of any laws, regulations or third party rights.
18.2 The indemnity under these Terms is without prejudice to any other indemnity, waiver, forbearance, exoneration or another form of relief, whatsoever and howsoever arising, in favour of LassWho?.
19 DATA PROTECTION
19.1 Data Protection: If you are a Celebrity Speaker, you agree to allow LassWho? to list you as a Celebrity Speaker, including, but not limited to, listing your name, photo and/or any other information you made publicly available on your LassWho? Celebrity Speaker Profile, to be displayed on the Platform, unless you opt-out by sending an email request to that effect. Unless you opt-out via your LassWho? Celebrity Speaker profile’s settings or by an email request, LassWho? can use the above content in its advertising material and promotional messages.
19.2 Confidentiality: Where you have access to Celebrity Speakers’ or Hosts’ names, IP address, email address and/or other contact information, you agree to keep such information confidential and to not use the name, email address or other contact information for any purpose other than that contemplated by these Terms. You agree to abide by all laws, including, but not limited to, all privacy laws.
19.3 Recording of Video Chats: LassWho? may record the Video Chat, and the Video Chat recording may be edited or modified and may be included in a compilation with content from or featuring others for the purposes of promoting and sharing on social media platforms. By agreeing to these Terms you consent to LassWho? using the recording of Video Chats to market the Platform and consent for its use for data protection purposes. Under no circumstances is the Host or Participant allowed to record the Video Chat without the express written permission of LassWho?.
19.4 Data Protection Compliance: LassWho? will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove, or replace our obligations or your rights under the Data Protection Legislation. Please see our Privacy Policy to read in full how we treat your data.
20 RELATIONSHIP OF THE PARTIES
The relationship of the parties is that of an independent contractor. These Terms do not create a joint venture or partnership between the Users and LassWho?, and each will act independently of the other.
21 ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the written permission of LassWho?. LassWho? is free to assign these Terms to any third party.
22 TERMINATION AND SUSPENSION
22.1 Rejection of Application: LassWho? may reject any registration or application or User for any reason at its sole discretion. LassWho? may terminate its agreement with a User or stop or forbid a User from using the Platform at any time and for any reason, including its convenience. Termination does not relieve you of your obligations as defined in these Terms.
22.2 Deletion of User Materials: Upon termination for any reason, LassWho? may, but is not obligated to, delete all of your information and the User Material you Shared save where required by law. LassWho? shall not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services or Platform, or any termination or suspension of the Services or deletion of your information or other User Material. You will lose access to your account upon termination, and any data or other User Material may not be able to be recovered once your account is terminated and the User Material and/or other data is deleted. User Material and/or data will not be restored.
22.3 Refunds: Other than as stated herein in the Cancellation Policy, payments made by Users are non-refundable. Refunds may nevertheless be granted at the sole discretion of LassWho?
23 GENERAL
23.1 Governing Law: These Terms will be interpreted in accordance with Jersey law. You agree to submit to the non-exclusive jurisdiction of the Jersey courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Jersey.
23.2 Entire Agreement: Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LassWho? and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LassWho? and you in relation to the access to and use of the Platform and the Services.
23.3 Rights for Third Parties: These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
23.4 Force Majeure: Under no circumstances will LassWho? be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, pandemics or epidemics or any other event or cause beyond the reasonable control of LassWho?.
23.5 Invalid: If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. LassWho? ‘s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.6 Variation of Terms: We may revise these Terms from time to time but the most current version shall always be in the relevant section of the LassWho? App or website. Changes will usually occur because of new features being added to the Platform, changes in the law or where we need to clarify our position on something. LassWho? shall usually provide some warning before the revised Terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice. You agree that a key characteristic of the Platform and the Services is that changes will take place over time, and this is an important basis on which we grant you access to the Platform. Once we have made changes to any part of the Services or the Platform, your continued use will show that you have accepted any changes to the Services or the Platform. You are always free to stop using the Services and the Platform.
23.7 Notices: Any notice or communication required to be given to us under these Terms, including notices or communications in relation to the modification of these Terms, shall be in writing and delivered by email to the address notified by you to us when you become a User. You may contact us at [email protected].
23.8 Email: Any notice or communication shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside business hours, when business hours resume in Jersey. Business hours means 9.00am to 5.00pm (GMT) Monday to Friday and does not include a public holiday, when banks are closed for business in Jersey.