Whis - Terms of Use

1. Introduction

Welcome to Whis ("Whis," "we," "us," or "our"). These Terms of Use ("Terms") govern your use of our platform, which includes the Whis website(s), APIs, mobile applications, and all related tools, features, and functionalities (collectively, the "Platform"). By using the Platform, you agree to these Terms. If you do not agree, you may not use the Platform.

Whis is a decentralized platform that allows users to upload, share, and interact with digital content, including games, music, and videos, secured and authenticated on a blockchain. These Terms outline the rules and responsibilities for using the Platform.

2. Definitions

"Content": Refers to any digital files, including games, music, videos, or other media, uploaded to the Platform.
"NFT": A non-fungible token or similar digital item secured and authenticated on a blockchain.
"User": Any individual or entity using the Platform.
"You": Refers to the user. If you are using the Platform on behalf of an entity, "you" includes the entity.

3. Acceptance of Terms

By accessing or using the Platform, you confirm that you agree to these Terms. If you do not agree, you may not use the Platform. These Terms may be updated from time to time, and your continued use of the Platform constitutes acceptance of the updated Terms.

4. Using the Platform

4.1. Uploading Content

You may upload games, music, videos, and other digital content to the Platform, provided that:

You own or have the necessary rights, licenses, and permissions to upload and share the Content.
The Content complies with these Terms and all applicable laws.

4.2. Blockchain Identity

Your blockchain address serves as your identity on Whis. Your Account is linked to your blockchain address and displays the Content associated with it.

4.3. Third-Party Wallets

To upload or interact with Content, you must use a third-party wallet. Whis does not operate, maintain, or have custody over your wallet or its contents. You are solely responsible for securing your wallet and its credentials.

5. User Responsibilities

5.1. Content Ownership

You represent and warrant that:

You own or have the necessary rights to upload and share the Content.
The Content does not infringe on any third-party rights, including intellectual property, privacy, or publicity rights.
The Content complies with all applicable laws and regulations.

5.2. Prohibited Content

You may not upload Content that:

Is illegal, harmful, or promotes illegal activities.
Contains hate speech, violence, or discrimination.
Infringes on intellectual property rights.
Contains malware, viruses, or other harmful code.

5.3. Compliance with Laws

You agree to comply with all applicable laws, including copyright, trademark, and data protection laws. You are solely responsible for ensuring that your use of the Platform complies with local, state, federal, and international regulations.

6. Intellectual Property

6.1. Your Content

You retain ownership of the Content you upload to the Platform. By uploading Content, you grant Whis a worldwide, non-exclusive, royalty-free license to use, display, and distribute the Content for the purpose of operating and improving the Platform.

6.2. Whis's Intellectual Property

All proprietary elements of the Platform, including its design, logos, and software, are owned by Whis. You may not copy, modify, or distribute any part of the Platform without prior written consent.

7. Fees and Payments

7.1. Upload Fees

Whis may charge fees for uploading Content to the Platform. These fees will be clearly communicated before you complete the upload process.

7.2. Transaction Fees

For transactions involving NFTs or other digital items, Whis may charge a fee. You are responsible for any blockchain transaction fees (e.g., gas fees) associated with your activities on the Platform.

8. Disclaimers

8.1. No Warranty

The Platform is provided "as is" and "as available." Whis makes no warranties, express or implied, regarding the Platform's functionality, availability, or security.

8.2. Third-Party Content

Whis does not control or endorse third-party Content uploaded to the Platform. You access and use third-party Content at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law, Whis and its affiliates shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Platform. Our total liability for any claims shall not exceed the amount you paid to Whis in the last 12 months.

10. Termination

Whis reserves the right to suspend, restrict, or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms.

11. Governing Law

These Terms are governed by the laws of [Insert Jurisdiction]. Any disputes arising from these Terms shall be resolved in the courts of [Insert Jurisdiction].