GWIJO – Terms of Use for Gwijo.com and applications (iOS, Android)

Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this application / website and web service. We reserve the right to make changes to these terms at any time. Your continued use of our Services constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for any such changes.

Important: The Gwijo application, AND www.Gwijo.com (hereafter “GWIJO”) are parts of a crowd-sourcing project that is owned and operated by Pinch Swipe Tap Pty. Ltd. Hereafter the “Gwijo Community”. Any intellectual property hereafter “Content” (including audio, text, files, translations, learning sets, cards, quizzes, images, profile pictures,comments, ratings) which are generated, created, uploaded, shared, made, recorded, captured or distributed through any use (or mis-use) of Gwijo, will become the property of Pinch Swipe Tap Pty. Ltd. (hereafter “The Company”).

By submitting any content (including without limitation, your photograph) to GWIJO, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.

We hope to use any content for educational purposes only, although we are free to do whatever we like with content, including using it in our applications (web, iOS, Android or otherwise) or deleting it from our servers. Any user who creates Content for GWIJO will not receive any monetary or financial gain by uploading their content, participating in the Gwijo Community. You agree that any Content you create using our application, when uploaded, will automatically transfer ownership of the Content to the the company.

No Obligation to post content: The company has no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

Further information about our Terms or Use, including our General Terms and conditions can be found below.

General Terms and Conditions:

1. By registering with “GWIJO”, you signify your acceptance of the General Terms and Conditions listed here. If you are not in agreement with the General Terms and Conditions, you cannot proceed with your registration, or participation in the “Gwijo Community”.

By creating a profile and by participating in the Gwijo Community, you also agree that:

2. The use of the web service and application provided is subject exclusively to the following General Terms and Conditions.

3. By registering, each user accepts that he or she will only use the services for their own use, from their own iPhone, iPod Touch or iPad. The user may not allow other persons to use his or her membership and may not transfer his or her account to any other person. Users may not register for more than one user account or register for a user account on behalf of an individual other than themselves; Each account is associated with a device UID, and each user permits their device UID to be stored with their user account information.

4. GWIJO enables its users to access a database system containing profiles of and information about other members. Members may use the database to look at the profiles of other members and will also be able to comment on and rate CONTENT by other users. Each user understands that we can not reasonably moderate all content, and The Company will not be responsible for any liabilities that arise due to any comment or rating, for any user, for any course or CONTENT they have created. This includes malicious, offensive or slanderous text. By agreeing to the terms of use your indemnify the company for any liabilities that may arise through the creation of content, including your comments that may be made on your profile.

5. By participating in the information exchange made available on the website and via the application, the user transfers to The Company an irrevocable and indefinite right to unlimited use of his or her participant data (including photos) within the scope of “Gwijo Communities” business purpose, in particular rights of reproduction, publication, amendment, storage and publication using electronic media and databases. The user guarantees that there is no breach of the rights of third parties in respect of the data provided and/or CONTENT created by each user.

7. All material on GWIJO properties (including the website and application) are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by The Company, you may not distribute, copy, reproduce, transmit, sell, license, rent, modify, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material.

6. The user agrees not to make improper use of the service provided by GWIJO. This particularly applies in respect of the dissemination of any defamatory, incorrect, insulting, obscene, indecent, sexually oriented, threatening, harassing or racist material. The Company, may ban, delete, block or remove access to the the Gwijo Community's site, database, web service and profiles (related to the user account or otherwise), at any time. In such circumstances, photos and and content submitted by any user will remain the property of Pinch Swipe Tap Pty. Ltd. (The Company) and they can freely use any user-contributed information in the website, database and application regardless of the users account status.

7. Users are not permitted to send messages to other users for any other purpose than that of personal communication, including the offering of products or services. URL’s or e-mails in photos or comments are not allowed and are grounds for account deletion. Providers of commercial services are not permitted to use GWIJO, for any kind of customer acquisition including indirect advertising.

8. Every user may register free of charge, but a full version of the application must be purchased, using the “in-app” purchase, before downloading more than 10 courses.

9. The Company reserves the right to adjust prices at any time. All customer and account details will be treated confidentially and may not be made available to third parties.

10. The Company may terminate the contract at any time without necessity of giving notice or providing any reason or explanation.

11. The Company can not provide any guarantee in respect of the functionality of the platform and cannot provide any assurances as to the suitability, reliability, correctness, timeliness and accuracy of any information provided there-in. The application can also not guarantee service deliver-ability, or 100% up-time. From time to time, the web service and database will be unavailable. The company also reserves the right to discontinue the GWIJO service, including all content delivery mechanism at any time.

12. The user shall be committed to exempt The Company from all obligations, expenses and claims arising in respect of damages for; libel, breach of personal rights, slander, personal or business related, or in respect of non-availability of services.

13. The company reserves the right to suspend or terminate access with immediate effect in the event of becoming aware of a breach of a stipulation contained within these General Terms and Conditions on the part of the user, or for any other reason.

14. By using GWIJO, users accept that they are solely responsible for interactions with other users of the “Gwijo Community”. We will not be responsible for any damage or harm resulting from your interactions with other users of GWIJO. We reserve the right, but have no obligation, to monitor interactions between you and other users of GWIJO and to take any other action in good faith to restrict access to or the availability of any material that we or another user of GWIJO, including CONTENT that may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

15. GWIJO is made available for download solely for your personal use according to the General Terms and Conditions. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal liabilities.

16. LIABILITIES: IN NO EVENT SHALL PINCH SWIPE TAP PTY. LTD OR ITS DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE, EITHER IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, OR INFORMATION AVAILABLE FROM THE SITE.

17. All Elements of Pinch Swipe Tap Pty. Ltd. websites and applications are protected by copyright, trademark, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Pinch Swipe Tap Pty. Ltd. Websites may be copied or retransmitted unless expressly permitted by Pinch Swipe Tap Pty. Ltd.

18. By using GWIJO users also agree not to upload any images that don’t belong to them. This includes other people’s photos, video, and/or stuff you’ve copied or collected from around the Internet. Accounts that use images, text or audio, that are not the property of the owner may be deleted at any time.

19. Lastly, please don't use GWIJO if the laws of your country for some strange reason, prohibit you from doing so.