The terms of this Agreement (hereinafter referred to as the “Agreement”) apply to all services operated by Whimsies LTD’s YATeam, except for those services that are different due to their own characteristics. By using our services or continuing to use our services after receiving changes, you accept the Agreement. In the Agreement, Whimsies LTD, YATeam, Hashi Project will be replaced by “we” and “user” will be replaced by “you”. If you are a minor or under the age of sixteen in your country or region, you need to read the Agreement with a guardian. If you are the guardian of a child and consent to the child’s use of the Services involving the Agreement, you and your child shall abide by the Agreement and you are responsible for the child’s activities while using the Services.
Many of our services allow you to store, share your content, or receive material sent by others. Your content is owned by you and you are solely responsible for your content. We do not claim ownership of your content.
1. In many of our services, your content will be visible worldwide and others may use, save, record, reproduce, broadcast, transmit, share and display your content without compensation. If you do not want others to have these rights, you will need to separately indicate additional instructions, such as prohibiting distribution, requiring attribution for distribution, and so on. Please note that your additional indication is not mandatory and others may still use the above rights without permission. If you believe that your intellectual property rights have been infringed, you need to file a lawsuit in your local court, which we will support to a limited extent.
2. You are responsible for the content you post. You may not use our Services to store or share content that infringes on the intellectual property rights of others, such as piracy, content that is expressly prohibited from being republished, content that requires attribution for republishing but is not attributed, and other unauthorized content.
The exceptions are publicly available truthful information, such as the address of a technology company (which is common knowledge information available to everyone) and feedback provided by you (such as suggestions for improving the service) which are not governed by or protected by these Terms.
Code of Conduct
You agree to abide by the following rules when using the Services:
1. Comply with the laws of your location;
2. Not to engage in activities that jeopardize the physical and mental health of children;
3. No to post spam and phishing content. Phishing content means fraudulently or illegally soliciting recipients to disclose personal or sensitive information, such as passwords, dates of birth, social security numbers, passport numbers, credit card information, financial information, or other sensitive information, or access to accounts or records, compromised documents, or other sensitive information, payments, and/or financial gains;
4. You may not publicly display or use the Services to share inappropriate content or materials (e.g., those involving bestiality, illegally obtained personal information, offensive language, graphic violence, or criminal activity) and your content or materials that do not comply with local legal or regulatory requirements;
5. Not engage in fraudulent, false, libelous, defamatory or misleading activities;
6. Not to exploit computer technology and program vulnerabilities to circumvent any access or availability restrictions;
7. Do not engage in activities that are harmful to you, we or others (e.g., spreading viruses, stalking, posting terrorist or violent extremist content, spreading hate speech, or advocating violence against others);
8. Not to violate the rights and privacy of others or the protection of data rights;
9. Do not help others to violate the above rules.
For some sensitive content, you agree and abide by the following rules:
1. You must not make purely abusive or offensive remarks about any organization or individual;
2. If the laws and regulations in your area allow you to post pornographic content, do your part to inform others and give them the choice to see it or not. You may not post pornographic content that is not permitted by the laws and regulations of your jurisdiction;
3. You may only disclose personal information about yourself that is not publicly available, and if you choose to disclose such information, you are aware that it will be disseminated and may be stored by others. We cannot intervene in this process and you agree that we will not be liable for any resulting losses.
If you violate these rules, your content may be restricted or removed, and in the most serious cases, your account may be deleted. We reserve the right to review your content to address any issues.
When you use our services, you need to comply with the following rules, unless otherwise agreed.
Using some of our services requires you to have an account.
Create an Account
You can create an account by registering online. Unless otherwise stated, you can take the necessary steps to protect your privacy. We recommend that you use a real, long-standing e-mail address associated with your account.
Use of the Account
You agree not to misuse the content and services available through your account. If we have reasonable grounds to believe that your account is at risk of fraudulent impersonation by a third party, then we may suspend your account until you can regain full control. Please note that the security of your account is your own responsibility. We are not responsible for any losses incurred as a result of fraudulent use of your account due to your negligence.
Close your Account
You may close your account at any time for any reason. Unless otherwise agreed, you will receive a message confirming the closure and if you follow the steps, your account will be closed and the action cannot be reversed. We may also close your account if you commit a material breach of the Agreement.
If your account has been closed (either by you or by us), the following will occur. Your right to use your account to access our services will be terminated immediately and we will delete your account information and your data, but please understand that due to the special nature of some of the services, we are not able to completely delete your data and can only anonymize your data.
Data and Content
You own your account. You can create, modify, export, and delete your data and content at any time. We will not perform any actions on your data and content unless otherwise agreed or you breach the Agreement or you authorize us to perform the specified actions.
Reporting and Support
When you believe that another person has violated the Agreement or caused damage to another person, you may report the matter to us. We may contact you regarding your report to confirm more detailed information. We will investigate the report as soon as we receive it and get back to you or make the results public in a timely manner (depending on the severity). We will not disclose your information unless you voluntarily choose to do so or we have good reason to believe that you are making a false accusation with serious consequences.
Please note that you are responsible for your report and you must not falsely accuse others, if you falsely accuse others, we and the falsely accused have the right to hold you accountable for such false accusations. You are responsible for all damages caused by this.
If you are the reported party, you can contest the report against you. Please note that you are also responsible for the content of your defense and we may contact you regarding your defense. Regardless of whether the defense is successful or not, the record will be maintained by our service, but only our internal team will have access to it, and if you prove that you were falsely accused or that your behavior was not serious enough to be publicly released, only we, you, and the person who made the report will be aware of the complete records. We support you in pursuing your rights against the person who falsely accused you.
You may seek our assistance when you encounter difficulties in using the Services or Software, find problems with the Services or Software, have questions about using the Services or Software. For general assistance, we do not keep any records; for feedback on issues related to the security of the Services or Software, we may contact you regarding your feedback and may submit feedback to third parties (such as maintainers of open source software). It is up to you to decide whether to disclose your personal information in your feedback, and we ask that you refrain from spreading the word about security vulnerabilities. We will promptly follow up and provide you with feedback on the status of your feedback.
When you download and use our publicly available software, we grant you the following license:
1. Global license. Valid all over the world.
2. No license fee. You don’t have to pay for the license.
3. Non-exclusive license. The license can be granted by us to others.
4. Personal license. The license applies only to yourself.
5. Non-transferable license. You may not transfer the license to another person.
Some of our software or services contain software provided under the terms of open source licenses. In the event that the provisions of the open source license are contrary to certain portions of these Terms, the provisions of the open source license shall control.
You may not copy, modify, distribute, sell or rent any portion of our services or software unless otherwise indicated. You may not attempt to reverse engineer, decompile, disassemble, or otherwise obtain the source code of our software. You may not interfere with the normal operation of the software by any means.
Operation of the Service
Our services may at times no longer be available, or may be available for a limited period of time, and may also vary depending on factors such as location. You agree that you will not access or use materials or services that are unlawful, use materials or services in countries where you are not authorized to use them, or hide or misrepresent your location or identity for the purpose of accessing or using such materials or services.
We will try our best to ensure the normal operation of the service, but you need to understand that there is a possibility that any service can not be provided due to unforeseen circumstances, such as war, natural disasters and other force majeure. You agree that we will not be held liable for any damages caused to you as a result. We recommend that you make regular backups of important data to increase your resilience to interruptions.
If we decide not to provide a service due to internal adjustments, we will fulfill our duty to inform you and give you sufficient time to process your own data.
Devices and Networks
Much of the service requires an Internet connection and/or a traffic/cellular network package to work. You may also need other equipment such as headphones, cameras or microphones. You are responsible for providing all connections, packages and equipment required to use the Services and for paying the providers of your connections, packages and equipment accordingly. Unless otherwise agreed, these fees are not included in the fees you pay to us and we will not reimburse you for the fees you pay as set out above. Please check with your provider to see if you will be charged such fees.
Donations and Payments
You are required to read and agree to the terms of service of the third party platform at the time of donation, which are not influenced by us and for which we are not responsible. Please note that we do not accept donations from children under the age of sixteen unless your guardian gives permission.
We do not currently have items being traded, so if you find someone using our name to sell items, please report it to us promptly.
Contracting Entity, Choice of Law, Jurisdiction
When you use the Services in accordance with the Agreement, you are entering into a contract with Whimsies LTD. Any disputes arising out of or relating to the Agreement, the additional agreements for a particular service, or any related service, shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws principles. The courts in London, England, have concurrent jurisdiction over the matter.
We do not provide any express or implied warranties, guarantees or conditions in connection with your use of the services. you understand that your use of the services is at your sole risk and that we provide the services on an “as is”, “with all faults” and “as available” basis. We do not guarantee the accuracy or timeliness of the Services. You may have certain rights under your local laws. If applicable, nothing in these Terms is intended to affect those rights. You acknowledge that computer and telecommunications systems may malfunction or be subject to occasional downtime. We do not guarantee that the service will be uninterrupted, timely, secure, error-free, or free from loss of content, nor do we make any warranty with respect to connection to or transmission from computer networks.
The Information We Collect
We collect information that you provide to us (e.g., account nicknames, avatars, email addresses, exact location, etc.), information about your network and device (e.g., IP address, operating system version, operating system logs, network situation, etc.), information that you post (e.g., posts, chats, etc., that you make on or with our Services), and information that we obtain from third parties (e.g., information that you post to services that are interconnected with our Services).
You can refuse our request for personal data when we ask you to provide it. Please note that many of our services require you to provide us with the necessary personal data or they will not work properly. If this relates to an existing service you are using, we may need to suspend or cancel your access. Where data is not mandatory, if you choose not to share your personal data, you will not be able to use features that require such data.
How We Use the Information
Offer our services. Our services and software require necessary data to function properly, and additional features (e.g., location sharing, audio and video calls) require you to grant additional permissions.
Get in touch with you. We can contact you in a timely manner when we need to contact you or when you have enabled automated notifications on your own.
Help maintain the security of the service. We can use the data collected to compare against known malicious content and attack patterns to avoid breaches as much as possible.
Advertising and Personalization. In a very limited number of services, we may provide advertising and personalization services on a non-compulsory basis. You can find out how to manage your data in the supplementary terms and conditions of the corresponding service. You may refuse to view advertisements and use personalized services, and we will not impose any restrictions on you as a result, unless otherwise stated.
How We Protect Your Data
We use advanced security measures to protect your data. Your data is encrypted during transmission and highly confidential information such as passwords are irreversibly encrypted. In some services, your information is encrypted and transmitted over an encrypted connection to further protect your data. At the same time, we strictly manage data access rights, allowing only authorized personnel to access necessary data.
Our Retention of Personal Data
The data we collect has different retention periods, depending on what the data is, how we use it and how you configure your settings.
1. You can delete certain data at any time, such as content you create or upload, personal information you provide publicly such as nicknames, avatars.
2. We will delete or anonymize part of the data processed after a defined period of time. For most services, your IP address will be retained for no more than 90 days, however, for some services, for security reasons, your IP address will be retained until your session expires or the IP is replaced. Self-submitted bug reports and suggestions for improvement when you use our services will normally be retained for a period of no more than 90 days, however, for the purpose of improving our services, we may anonymize the data and extend the retention period for a period of up to 24 months.
3. Some of your data will be retained until you delete your account. For example, if you delete all of the content you post while using a service, your account may still store the fact that you posted content (but not what content) so that we don’t show you the newbie guide when you post content in the future.
4. For service and security reasons, we may extend the retention period of certain data. For example, we do not delete your chat messages after you delete your account in order to ensure that we can continue to provide our services to you and other users. In addition, when we have good reason to suspect that there is something unusual about your account, we may extend the retention period of data necessary to ensure the security of your account.
How We Use Cookie
A Cookie is a small piece of text that is sent to your browser by the website you visit. It helps the respective website to remember information about your visit to make it easier for you the next time you visit, as well as allowing the website to provide you with a more useful service. Other technologies enable these uses, such as unique identifiers to identify browsers/applications/devices, pixel tags, and local storage.
Sharing and Disclosure of Your Data
We do not sell, trade, or otherwise transfer your personally identifiable information to outside third parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, or third parties to whom transfers are necessary as a result of a merger, demerger, acquisition, or transfer of assets, as long as the parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce the Agreement and the Additional Agreements for each Service, or protect ours or others’ rights, property, or safety.
Scope of Application
1. The information handling practices of other companies and organizations that advertise our services;
Service or Software Updates and Agreement Changes
We may amend the Agreement from time to time. We will indicate on this page the date of editing, the principal changes, and provide you with notice of significant changes or when we need to ask for your consent. You may also participate in the revision process by submitting comments on the Agreement.
Last edited: 12/09/2023 (DD/MM/YYYY)