Terms and Conditions wecreate

Welcome to wecreate, a platform founded and built by Tommy Advice, a privately owned company registered to the Dutch Chamber of Commerce under registration number: 73159573. We’re really excited that you have decided to access and use wecreate (our “Platform”). We provide you access to our Platform subject to the following Terms and Conditions, which may be amended from time to time and in our sole discretion. By accessing the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions and our Privacy Policy, collectively this “Agreement”. If you do not agree to any of these terms, then please do not use the Platform. You and any other individuals using the Platform may also each be referred to individually as a “User”.

1) Membership

To become a User of our Platform you must be at least 18 years old. When registering you must provide accurate, complete and up-to-date information as requested. It is your responsibility to alter your profile if any information changes during your membership. All personal information you provide or that is collected from you will be treated in accordance with our Privacy Policy. You may only create one profile for yourself on our platform. It is prohibited impersonating someone else. Violating these rules will result in suspension of your membership. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.  

2) Copyright and trademarks

The Platform contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of wecreate (collectively referred to as the “Platform Content”). The Platform Content may be owned by us or third parties. You may view all Platform Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of wecreate. 

The trademarks, service marks, and logos of wecreate (the “wecreate Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of wecreate. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with wecreate Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of wecreate Trademarks inures to our benefit. Elements of the Platform may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Platform Content may be retransmitted without our express, written consent for each and every instance.

3) User content copyright

You shall bear sole and complete responsibility for any content (“User Content”) that you submit to the Platform or any User of the Platform including any and all liability that may result from such User Content. wecreate may remove any User Content, in whole or in part, if wecreate suspects that such content infringes or may infringe any person’s intellectual property rights or any other rights, including personal rights. In addition wecreate reserves the right to remove any User Content upon receiving notice that such content is or may be infringing the notifying person's intellectual property and/or personal rights.

You as a User, and not wecreate, are entirely responsible for all your User Content that you upload, post, email, or otherwise transmit via the platform or our social media pages. You retain all copyrights and other intellectual property rights in and to your own User Content, unless otherwise agreed upon in a written signed agreement between Tommy Advice and User.

As a User, you acknowledge, warrant and represent that:

  1. ideas, concepts and content submitted or created by other users may be competitive with, and/or similar or identical in part or whole to your User Content. You acknowledge and agree that you will not be entitled to any payment, fee, or other consideration as a result of any use of any such similar or identical material, and hereby release wecreate from any and all claims relating thereto;
  2. you are solely responsible for the User Content that you submit and the consequences of posting or publishing such content on the Platform including any copyright infringement;
  3. you are the creator and exclusive copyright owner of the User Content and entitled to submit the User Content on your own behalf and on behalf of each other owner of the User Content;
  4. you have obtained any and all fully executed releases, licences, rights and consents necessary (each of which are world-wide, royalty free, irrevocable, perpetual, and transferable/assignable/licensable, in all media now known or hereafter devised) in order to grant rights provided herein, including releases relating to performances, compositions and sound recordings, intellectual property;
  5. your User Content may be subject to criticism and/or review by the public and as such may receive positive or negative comments and reactions. wecreate is not responsible for any such review or comment or any consequences relating thereto;
  6. any part or whole of your User Content is factually accurate to the extent that it purports to represent facts;

You acknowledge that Tommy Advice is not responsible for lost, damaged, misdirected, unusable or unreadable User Content, or technical issues with the Platform.

4) Security

We apply strict data protection procedures, for instance to prevent unauthorised access to personal data. We make use of safe connections through which all personal information between you and our Platform is protected during recording. Passwords are stored in encrypted form, so neither we nor any outsiders can possibly discover them. Data that is no longer needed is removed. However wecreate will not be responsible for maintaining the confidentiality and security of your login and password. Any unauthorised use of your login or password must be notified to us immediately. Any User Content you place on the Platform, or otherwise transmit to any other User of the Platform by any other means will be considered non-confidential.

5) Linked sites

wecreate may from time to time provide links to other sites than this Platform (“External Sites”). These links are provided solely as a convenience to you, and are not endorsements by us of the content on such External Sites. wecreate is not responsible for the copyright compliance of any linked External Site and will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

6) Complaints

If you are experiencing difficulties with any other User on the Platform and would like to file a complaint, you can send an email to wecreate@tommyadvice.com, providing an outline of the issue and what you believe would be a fair and reasonable outcome. All complaints and issues will be reviewed and investigated as deemed required by wecreate. We may record and store any information relating to any complaint filed by you or made against you. If you have a complaint about wecreate or any of its representatives, please contact us via email: wecreate@tommyadvice.com, providing an outline of the issue and what you believe would be a fair and reasonable outcome. wecreate will endeavour to resolve all complaints promptly and in a fair and reasonable manner.

7) Copyright infringement

All notices alleging any copyright infringement should be sent to our following email address: wecreate@tommyadvice.com. Please provide us with the following details:

  1. The owner (whether this is yourself, or a third party who you are authorized to act on behalf of) of the allegedly infringed copyright material;
  2. A detailed description of the infringed copyright material including any identifying song and recording title, performing artists, songwriters, ISRC codes, and any other identifying information;
  3. Links to and/or identification of copyright material which you believe infringes your copyright rights (please be as detailed as possible and include any URLs of the allegedly infringing copyright material);
  4. Your contact information including:
  1. Your complete name;
  2. Address;
  3. Telephone number;
  4. Email address.

We reserve the right to temporarily or permanently remove any material which infringes any copyright rights and under appropriate circumstances we may also terminate the accounts of any users who continue to infringe such rights.

8) Limitation of liability

As a User, you acknowledge that:

  • your use of the Platform is at your own risk;
  • we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Platform, or any other users' use of or conduct in connection with the Platform, in any circumstance, including any form of contact between you and other users while on or outside of the Platform;
  • we will not be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
  • to the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Platform purchased by you during the term of your membership;
  • you will indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms and Conditions.

9) Governing Law and Jurisdiction

These Terms and Conditions and use of the Platform are governed by the laws of The Netherlands. By accessing or using the Platform, the User submits to the exclusive jurisdiction of the Netherlands for any dispute that relates to the Platform or these Terms and Conditions. Users are solely responsible for compliance with any applicable laws of the country from which they access the Platform.