Hooray Studios, Inc “WOW™ Experience” Terms and Conditions
The following translation is provided for the customer’s convenience only. The contractual language depend on your SignUp-Country. This language (“SignUp-Language”) is binding in all respects. Constructions, meanings or interpretations in the SignUp-Language shall prevail in case there is any inconsistency between the English (convenience version) and the SignUp-Language version of all legal documents.
(“WOW™ T&Cs”) (Version: 1.0., Date: 7.12.2020)
Participants of the WOW™ experience program (“WOW™ experience”), meaning the existing Hooray Studios (“Hooray” or “we”) customer, who is sending a gift (“WOW™ gift”) to the friend / acquaintance via -WOW™ experience functionalities (“Buyer” or “you ”) and the friend / acquaintance who receives the WOW™ gift (“Receiver”), must be two different individuals, natural persons and at least 18 years of age and must reside in countries where Hooray is offering their services.
2. WOW™ experience steps
The WOW™ experience encompasses the following steps:
a. STEP 1: Creating the Book
The Buyer creates a personalized book for the Receiver in accordance with functionalities and conditions provided in Terms and Conditions.
b. STEP 2: Creating the WOW™ Experience
The Buyer must perform the following steps:
• Creating a WOW™ character names;
• Creating WOW™ character look & personalization;
• Recording WOW™ video dedication;
• Checking the box to provide a consent to Hooray for the use of WOW™ video dedication (mandatory).
c. STEP 3: Cart and Payment processing
The Buyer must perform the following steps:
• Entering the optional (i.e. promo code, delivery address) and required payment information (i.e. first and last name, billing address, email, phone number, delivery method, payment method in accordance with Terms and Conditions.
• Checking the box for WOW™ experience Terms and Conditions (mandatory)
The Buyer is debited immediately after the completion of WOW™ gift order. The Receiver must accept the WOW™ gift in 30 days following the Buyer’s confirmation of WOW™ gift order. We cannot be held responsible and provide refunds/exchanges, if the Receiver does not accept the WOW™ gift.
d. STEP 4: WOW™ Dashboard
The Buyer enters the Receiver’s email for WOW™ mailing (optional)
e. STEP 5: WOW™ GIFT Page
• The Buyer enters the email of Receiver and sends him/ her the WOW™ gift (i.e. the personalized book with recorded personal video dedication (“WOW™ video”) by clicking the button “SEND THE WOW™ REVEAL GIFT.”
• The Buyer has also the option to share the link of his / her personal video dedication (“WOW™ link”) with a maximum of five of his friends by entering their emails into the designated boxes.
The Buyer hereby represents and warrants that the emails of his friends have been obtained in full compliance with all applicable laws.
The Buyer is not allowed to use the WOW™ link for any kind of commercial activity, in particular in or for paid promotions, including online advertising; public distribution on websites where you are a contributor but not the primary content owner (such as Wikipedia, Reddit, coupon websites),; mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your WOW™ link is not permitted.
3. Property Rights and Rights of Use
The Buyer represents and warrants that WOW™ video is its original work, it has not been copied from others, and it does not violate the rights of any other person.
By uploading the WOW™ video via WOW™ experience on our platform (including accompanying texts and related content, etc.), the Buyers are granting, where permitted by law, the Hooray and its representatives a non-exclusive transferrable perpetual worldwide license (with the right to sublicense) to print, publish, broadcast, distribute, reproduce and use the WOW™ videos on the Internet, press release, in newsletter and event announcements, presentations, articles, social media marketing channels for news, publicity, information, trade, advertising, public relations, and promotional purposes and for any kind of present and future Hooray’s events without any further compensation, notice, review, or consent. Moral rights in the WOW™ video remain with the Buyer
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any WOW™ video content that you submit, post or display on or through the WOW™ experience. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Hooray the license described above.
4. The Content Safety of WOW™ videos
You are solely responsible for any content of WOW™ videos you upload, including compliance with applicable laws, rules, and regulations. You should only upload WOW™ videos that you are comfortable sharing with others. We may not monitor or control the content of WOW™ videos uploaded via the WOW™ experience and, we cannot take responsibility for such content.
WOW™ experience is not a place for antagonistic, explicit, false or misleading, harmful, hateful, or violent content or behaviour. We may remove or limit the distribution of such content of WOW™ videos (and related messages posted in connection with such videos) and the accounts that save it (please see the non-exhaustive list of prohibited WOW™ video content below). We determine whether content should be limited or removed based on how much harm it poses.
EACH BUYER RELEASES AND DISCHARGES THE HOORAY, ANY PARTY ASSOCIATED WITH THE DEVELOPMENT AND ADMINISTRATION OF THE WOW™ VIDEOS, THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES OR ANY OF THEIR PARENTS, SUBSIDIARIES, SISTER COMPANIES, OR AFFILIATES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE WOW™ VIDEOS (INCLUDING ITS CONTENT), INCLUDING WITHOUT LIMITATION, LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMAND OR ACTIONS OF ANY KIND. BUYER HEREBY AGREES TO HOLD HOORAY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES SPONSORS AND ASSIGNS HARMLESS FROM AND AGAINST, AND HEREBY WAIVES ANY RIGHT TO PURSUE, ANY CLAIMS OF ANY NATURE ARISING IN CONNECTION WITH THE INCLUSION IN, PUBLICATION VIA OR DISPLAY ON ANY HOORAY SITE, OR ANY OTHER USE AUTHORIZED UNDER THESE TERMS, OF ANY WOW™ VIDEO.
EACH RECIPIENT RELEASES AND DISCHARGES THE HOORAY, ANY PARTY ASSOCIATED WITH THE DEVELOPMENT AND ADMINISTRATION OF THE WOW™ VIDEOS, THEIR EMPLOYEES, AGENTS OR REPRESENTATIVES OR ANY OF THEIR PARENTS, SUBSIDIARIES, SISTER COMPANIES, OR AFFILIATES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE WOW™ VIDEOS (INCLUDING ITS CONTENT), INCLUDING WITHOUT LIMITATION, LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMAND OR ACTIONS OF ANY KIND. RECIPIENT HEREBY AGREES TO HOLD HOORAY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES SPONSORS AND ASSIGNS HARMLESS FROM AND AGAINST, AND HEREBY WAIVES ANY RIGHT TO PURSUE, ANY CLAIMS OF ANY NATURE ARISING IN CONNECTION WITH THE INCLUSION IN, PUBLICATION VIA OR DISPLAY ON ANY HOORAY SITE, OR ANY OTHER USE AUTHORIZED UNDER THESE TERMS, OF ANY WOW™ VIDEO.
THE BUYER HEREBY REPRESENTS AND WARRANTS THAT THE WOW™ VIDEO WILL NOT CONTAIN THE FOLLOWING CONTENT:
A. Adult content
WOW™ experience is not a place for pornography. We limit the distribution of or remove mature and explicit content, including:
• Fetish imagery
• Vivid sexual descriptions
• Graphic depictions of sexual activity
• Images of nudity where the poses, camera angles, or props
• suggest pornographic intent
We do our best to differentiate between pornography and other mature content. For example, you can save WOW™ video content about sexual health, breastfeeding, mastectomies, art, education and well-being with adult nudity given the non-pornographic context, but we may limit its distribution so people don’t run into it accidentally.
WOW™ experience is not a place for exploitation of people or animals. We’ll remove or limit the distribution of content of WOW™ video involved in sexual, physical or financial exploitation. That includes:
• Non-consensual images, meaning images of a private or sexual nature obtained or published without consent. This includes revenge porn and up-skirt images;
• Adult sexual services that may involve sexual or physical exploitation or trafficking, like sex cams and escort services;
• Human trafficking and other illegal commercial exploitation, like trading in organs or protected and endangered wildlife or wildlife products;
• Sexualization or sexual exploitation of minors, like grooming, sexual remarks or inappropriate imagery. If we find it, we’ll report it to relevant authorities
C. Hateful activities
WOW™ experience is not a place for hateful content or the people and groups that promote hateful activities. We limit the distribution of or remove such content and accounts, including:
• Slurs or negative stereotypes, caricatures and generalizations,
• Support for hate groups and people promoting hateful activities,
• prejudice and conspiracy theories,
• Condoning or trivializing violence because of a victim’s membership in a vulnerable or protected group,
• Support for white supremacy, limiting women’s rights and other discriminatory ideas;
• Hate-based conspiracy theories and misinformation, like Holocaust denial;
• Denial of an individual’s gender identity or sexual orientation, and support for conversion therapy and related programs
• Attacks on individuals including public figures based on their membership in a vulnerable or protected group;
• Mocking or attacking the beliefs, sacred symbols, movements, or institutions of the protected or vulnerable groups identified below
Protected and vulnerable groups include: People grouped together based on their actual or perceived race, color, caste, ethnicity, immigration status, national origin, religion or faith, sex or gender identity, sexual orientation, disability or medical condition. It also includes people who are grouped together based on lower socioeconomic status, age, weight or size, pregnancy or veteran status.
WOW™ experience is not a place for misinformation, disinformation or malinformation.
We remove or limit distribution of false or misleading content that may harm public’s well-being, safety or trust, including:
• Medically unsupported health claims that risk public health and safety, including the promotion of false cures, anti-vaccination advice, or misinformation about public health or safety emergencies;
• False or misleading content about individuals or protected groups that promotes fear, hate or prejudice;
• False or misleading content that encourages turning individuals, groups of people, places or organizations into targets of harassment or physical violence;
• Conspiracy theories;
• False or misleading content that impedes an election’s integrity or an individual's or group's civic participation, including registering to vote, voting, and being counted in a census;
• Content that originates from disinformation campaigns:
• Factual information that’s published or deliberately modified to erode trust or inflict harm, such as changing or omitting of context, date or time;
• Fabricated or meaningfully manipulated visual or audio content that erodes trust or causes harm.
E. Harassment and criticism
WOW™ experience is not a place to insult, hurt or antagonize individuals or groups of people. There are good reasons to express criticism, but we may limit the distribution of or remove insulting content to keep WOW™ experience a positive, inspiring place; this includes:
• Manipulated images intended to degrade or shame;
• Shaming people for their bodies or assumed sexual or romantic history
• Sexual remarks about people’s bodies and solicitations or offers of sexual acts
• Criticisms involving name-calling, profanity and other insulting language or imagery
• Mocking someone for experiencing sadness, grief, loss or outrage
F. Private information
We don’t allow content that reveals personal or sensitive information.
• Personal ID and passport information;
• Private contact information and addresses;
• Online login information (usernames and passwords);
• Photos of private people that they don’t want posted online;
• Personal financial or medical history.
G. Self-injury and harmful behaviour
WOW™ experience is not a place for content that displays, rationalizes or encourages suicide, self-injury, eating disorders or substance abuse.
We’ll limit the distribution of or remove such content, including:
• Self-harm instructions;
• Suicidal thinking and quotes;
• Graphic or otherwise triggering imagery;
• Promotion of self-harm;
• Mocking of people who self-harm or who have attempted or died by suicide;
• Images of accessories used to self-harm;
• Negative self-talk and insensitive humour about self-harming behaviour.
WOW™ experience is not a place for graphic violence or threatening language. We limit the distribution of or remove such content, including:
• Content that shows the use of violence;
• Disturbing scenes from before or after violent events;
• Threats or language that glorifies violence
I. Dangerous organizations and individuals
WOW™ experience is not a place for violent content, groups or individuals. We limit the distribution of or remove content and accounts that encourage, praise, promote, or provide aid to dangerous actors or groups and their activities. This includes:
• Terrorist organizations;
• Gangs and other criminal organizations.
J. Dangerous goods and activities
WOW™ experience is not a place for private trading or selling of certain regulated goods—products or substances that can cause harm when used, altered or manufactured irresponsibly. We limit the distribution of or remove such content and accounts, including:
• Private people offering to sell, purchase or trade alcohol, tobacco, drugs and weapons, including firearms and accessories;
• Content from or about unauthorized internet pharmacies;
• Offers, attempts, or instructions to bypass purchasing laws and regulation;
• Instructions for creating lethal or toxic substances;
• Instructions for creating lethal weapons, like bombs or grenades, including 3d printed weapons.
We don’t allow WOW™ videos that impersonate or misrepresent their affiliation with any person or organization. If you have a fan or commentary account for a public figure or brand, make it clear through your username or WOW™ profile that you aren’t officially affiliated with them.
• Irrelevant tries;
• Private information;
• Unsolicited chain mail;
• Criticisms using insulting language;
• Comments and solicitations of a sexual nature;
• Unsolicited or irrelevant product and business promotion;
• Hateful or shaming remarks like comments about physical appearance.
5. Limitations of WOW™ experience
The WOW™ experience can only be used for personal, non-commercial purposes.
6. The WOW™ experience services are available "AS-IS"
Your access to and use of the WOW™ experience services are at your own risk. You understand and agree that the WOW™ experience services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Hooray Entities” refers to Hooray, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE HOORAY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Hooray Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the WOW™ experience services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the WOW™ experience services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the WOW™ experience services; and (iv) whether the WOW™ experience services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Hooray Entities or through the WOW™ experience services, will create any warranty or representation not expressly made herein.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOORAY AND ITS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WOW™ EXPERIENCE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WOW™ EXPERIENCE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER WOW™ EXPERIENCE USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WOW™ EXPERIENCE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HORRAY AD ITS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HOORAY, IF ANY, IN THE PAST SIX MONTHS FOR THE WOW™ EXPERIENCE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HOORAY AND ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The WOW™ experience is a courtesy offered by us and does not create any legal obligations that may be enforced in front of court. We may suspend, terminate or change the terms and requirements of the WOW™ T&Cs including e.g. Buyer’s ability to participate in the WOW™ experience) and country availability, at any time and for any reason.
We reserve the right to suspend WOW™ Buyer’s accounts if we notice any activity that we believe is abusive, fraudulent, or in violation of the WOW™ T&Cs.
We reserve the right to review and investigate all Buyer’s activities within WOW™ experience in our sole discretion as deemed fair and appropriate.
All issues not regulated in the WOW™ T&Cs are regulated in Terms and Conditions and in accordance with applicable laws.
The WOW™ T&Cs are judged under the law of the Republic of Slovenia. In the case of any disputes arising out of or in connection with the WOW™ T&Cs (including disputes in connection with the existence, validity or termination of the WOW™ T&Cs or any other non-contractual obligation derived from or in connection with the WOW™ experience), the competent court is the Court of Ljubljana.
9. Amendments to these Terms
We can amend these terms at any time without prior notice. If we modify these terms, we will post the modification on our website, applications, or services, which are effective upon posting.