Terms and Conditions

Agreement between user and WISPER TV, LLC.

The https://wisper.tv/ website (the "Site") is comprised of various web pages operated by WISPER TV, LLC ("WISPER TV"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for reference.

Site is an E-commerce Site

The Site turns a computer, iPad, iPhone, Google TV, Roku, and Android device into an interactive TV screen, allowing people to watch TV in different parts of the house and empowering travelers and expatriates to watch their TV while traveling or residing abroad. (These e-commerce functions are collectively referred to as "the Services.")

Privacy

Your use of the Site is subject to WISPER TV's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to WISPER TV constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing

Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that WISPER TV is not responsible for third party access to your account that results from theft or misappropriation of your account. WISPER TV and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

WISPER TV does not knowingly collect personal information from persons under the age of thirteen, either online or offline. If you are under 18, you may use the Site only with the permission of a parent or guardian.

You shall only use the Services for private, personal, and domestic purposes. You shall not make the Services available and accessible to third parties, e.g., to an open group of people by exposure or display of the Services in public areas, including but not limited to cinemas, theaters, exhibitions, showrooms, hotels, bars, clubs, pubs, restaurants, or other public spaces. The receipt or further transmission of content and the use of the Services in such areas is illegal and may violate third-party rights, including but not limited to copyrights and public performance licenses.

You acknowledge that the Services may only be used if the legal and technical conditions are fulfilled. It is your sole responsibility to ensure that your computer, IT systems, software, and components fulfill the system requirements to be able to use the Site and that the contract between you and your ISP permits the use of the Services, particularly regarding bandwidth use.

Members may not link to URLs, use i-frames (or "in page viewers"), access content unless through the browser interface or an approved application, or otherwise misuse the service

WISPER TV may use your computer to simultaneously utilize portions of streams from other WISPER TV users to improve streaming. Your use of the Site and the Services to stream may, in turn, enable other users to utilize portions of those streams from you, thereby maximizing streaming for all users. You consent to other users using your network connection to utilize parts of WISPER TV streams from you.

Cancellation/Refund Policy

Your subscription will renew monthly automatically unless you cancel on or before the renewal date. You may cancel within five days of signing up during the trial period or on the renewal day to receive a full refund.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WISPER TV, and WISPER TV is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. WISPER TV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WISPER TV of the Site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that WISPER TV may share such information and data with any third party with whom WISPER TV has a contractual relationship to provide the requested product, service, or functionality on behalf of Site users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to WISPER TV that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WISPER TV or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes. Your unauthorized use or transfer of any copyrighted content included in the service will automatically terminate your account without notice.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WISPER TV's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of WISPER TV and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WISPER TV or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

WISPER TV has no obligation to monitor the Communication Services. However, WISPER TV reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. WISPER TV reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

WISPER TV reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in WISPER TV's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WISPER TV does not control or endorse the content, messages, or information found in any Communication Service. Therefore, WISPER TV expressly disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WISPER TV spokespersons, and their views do not necessarily reflect WISPER TV's.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Site or posted on any TeleUP web page

WISPER TV does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input, or submit to any WISPER TV Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting WISPER TV, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid for the use of your Submission, as provided herein. WISPER TV is under no obligation to post or use any Submission you provide and may remove any Submission at any time at WISPER TV's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your WISPER TV account to third-party accounts. By connecting your WISPER TV account to your third party account, you acknowledge and agree that you consent to the continuous release of information about you to others (following your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users.

The service is controlled, operated, and administered by WISPER TV from our offices within the USA. You are responsible for compliance with all local laws when you access the service from a location outside the USA. You agree that you will not use the WISPER TV Content accessed through Site in any manner prohibited by applicable laws, restrictions, or regulations."

Indemnification

You agree to indemnify, defend and hold harmless WISPER TV, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WISPER TV reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with WISPER TV in asserting any available defenses.

Arbitration

If the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising from these Terms and Conditions, whether directly or indirectly, including tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and the Employer agree otherwise, the Arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DUTCH PHONE HOLDINGS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

DUTCH PHONE HOLDINGS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DUTCH PHONE HOLDINGS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUTCH PHONE HOLDINGS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DUTCH PHONE HOLDINGS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SUPPOSE YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY OF THESE TERMS OF USE. IN THAT CASE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

WISPER TV reserves the right, in its sole discretion, to terminate your access to the Site and the Services, or any portion thereof, at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WISPER TV as a result of this agreement or use of the Site. WISPER TV's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WISPER TV's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WISPER TV with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WISPER TV with respect to the Site and the Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and WISPER TV with respect to the Site or the Services. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

WISPER TV reserves the right, in its sole discretion, to change the Terms under which the Site and the Services are offered. The most current version of the Terms will supersede all previous versions. WISPER TV encourages you to review the Terms to stay informed of our updates periodically.

Contact Us

WISPER TV welcomes your questions or comments regarding the Terms:

WISPER TV, LLC

19711 Fuesser Road

Mascoutah, IL 62258 USA

Email Address: wispertv@wisptv.com

Telephone number:

USA: +1(414) 404-8582