TERMS of use

Last update: 09.10.2023

Please be advised that in using this website You are deemed to have read and agreed to the following terms and conditions. Please read the terms and conditions carefully as they will govern Your access and usage of this website. If You do not agree to the following terms and conditions, You should cease using and accessing the website.

The following terminology applies to these Terms and Conditions, Privacy Policy, as well as any other policy which may be located on the website: “You” and “Your” refers to You, the person accessing, whether personally or on behalf of a third party this website located at wotchotv.com (the “Site) and accepting Funtive’s terms and conditions. “Funtive”, “We”, or “us” refers to Funtive LTD, a company registered under the laws of the United Kingdom with the company number 14851536. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Acceptable Use of the Site

Unless otherwise explicitly permitted by Funtive, You may only use the Site for its intended purpose and in the manner in which the Site is made available. Your right to use the Site is contingent upon Your agreement to and compliance with these Terms and Conditions and any other policies which may be located on the Site. This Site is not intended for any persons below the age of 18. If You are an individual below the age of 18 You are explicitly forbidden to use the Site and should immediately cease all usage of the Site.

You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, code, products or services obtained from the Site. Furthermore, as a part of these Terms and Conditions You agree that You will not use the Site for any purpose that could be deemed unlawful or is prohibited by the Terms and Conditions, notices and/or any other policy of Funtive. You may not use the Site in a manner that could/may damage, disable, overburden, or impair any aspect of the Site or may interfere with any other party’s ability to use the Site.

Disclaimer

The information on the Site is provided on an “as is” basis. To the fullest extent permitted by law We exclude all representations and warranties relating to the Site and its contents, including in relation to any inaccuracies or omissions in the Site. Furthermore, We exclude all liability for damages arising out of or in connection with Your use of the Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised Funtive of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Availability

Unless otherwise stated, the services featured on the Site are available on “as-is” and “as available” basis. You are solely responsible for evaluating the fitness for a particular purpose of any information and services which may be available through this site. Redistribution or republication of any part of the Site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Funtive. Funtive does not warrant that the access to this site will be uninterrupted, timely or error free. By using the Site, You hereby agree to indemnify Funtive, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.

Link to the Site

You may not create a link to any page of the Site without Our prior written consent. If You do create a link to a page of the Site You do so at Your own risk and the exclusions and limitations set out above will apply to Your use of the Site by linking to it. You furthermore agree to indemnify Funtive from and against any and all damages, losses or liabilities which may arise from a link to any page of the Site created by You.

Links from this Site

We strive to provide the best possible experience to our users, however cannot provide a guarantee in regards to the content of other party’s websites that are linked to from the Site. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Us and Funtive should not be regarded as the publisher of such opinions or material. Please be aware that We are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site linked to from the Site or accessed through this site Yourself, before disclosing any personal information to them. Funtive will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your access to such third-party websites or from Your disclosure to third parties of personal information.

Copyright

Copyright and other relevant intellectual property rights extend to all content on the Site, including all text relating to Funtive, Wotcho TV app and any services We may provide. Funtive and Wotcho TV logo and any other content from the Site may not be reproduced without Our consent.

Management of the Site

Funtive reserves the right to change, modify, make inaccessible or remove any part of the Site or its content. Such changes may occur at any time for any or no reason, including commercial necessity, compliance with the applicable law, development of services, or any other reason in Funtive’s sole discretion. We may, but in no event are obligated to notify You of such changes to the Site or any part thereof.

Force Majeure

Neither party shall be liable to the other party for any failure to perform or delay in performance of its obligations under the relationship herein which was caused by an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of the party’s control. In case such event causes a delay or inability to perform any obligation of a party, such party shall inform the other party of such circumstances and shall use all reasonable endeavors to comply with its obligations.

Waiver

Failure of Funtive to insist upon strict performance of any provision of these Terms and Conditions or the failure of Funtive to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms and Conditions. No waiver of any of the provisions of these Terms and Conditions shall be effective unless it is expressly stated to be such by Funtive in writing.

General

The laws of the United Kingdom shall govern these Terms and Conditions and the relationship herein. By accessing the Site, You consent to these Terms and Conditions and to jurisdiction of the courts of London, United Kingdom in all disputes arising out of such access. If any part of these Terms and Conditions is deemed unenforceable or invalid for any reason then the unenforceable or invalid provision will be severed from these Terms and Conditions and the remaining provisions will continue to apply to the fullest possible extent. For the purposes of these Terms and Conditions electronic communications such as emails and posting of updates on the Site by Funtive shall constitute communications in writing. The usage of the Site under the Terms and Conditions shall not create any relationship of partnership, employment, joint venture, or agency between You and Funtive.

Changes to the Terms and Conditions

Funtive may change these Terms and Conditions from time to time as we see fit. Any such changes shall become effective as of the date of publishing an updated version of the Terms and Conditions on the Site. Your continued use of the Site will signify Your acceptance of any such changes to the Terms and Conditions. If You do not agree with any changes or modifications made to the Terms and Conditions You should immediately cease using the Site.

Communication

Any complaint, notice, or notification related to the Site and/or these Terms and Conditions, as well as any request related to the same, should be made by sending an email to us at legal@wotchotv.com.