User-Generated Content Policy

1. Purpose and Scope

This User-Generated Content Policy (hereinafter the “Policy”) defines the rules governing the creation, publication, use, and moderation of content that is uploaded, posted, or otherwise distributed by users through the WHIMSCOPE platform (hereinafter referred to as the “Platform”).

This Policy applies to all types of content created or shared by users, including but not limited to:

descriptions of activities (“whims”);
text posts and comments;
photos, videos, and other media files;
reviews, ratings, and other forms of user-to-user interaction.

The purpose of this Policy is to:

define users’ rights and obligations regarding the content they create;
establish the conditions under which such content may be used by the Platform;
ensure compliance with intellectual property rights and other third-party rights;
reduce legal risks for both the Platform and its users;
maintain a safe, fair, and responsible environment for interaction.

This Policy forms an integral part of the Terms of Use and applies together with other Platform documents, including:

In the event of any conflict between this Policy and other Platform documents, the provisions of this Policy shall apply to the extent they directly regulate user-generated content, unless otherwise expressly provided in the relevant documents.

2. Definition of User-Generated Content

For the purposes of this Policy, the term “User-Generated Content” (hereinafter referred to as “UGC”) means any materials, information, or data that are created, uploaded, posted, transmitted, or otherwise made available on the Platform by users.

UGC includes, but not limited to:

descriptions of activities (“whims”), including terms of participation, location, time, and other details;
text posts, comments, messages, and other forms of written communication;
photographs, videos, audio, and other media files;
reviews, ratings, and recommendations;
user profile information (except for data separately governed by the Privacy Policy);
any other materials created or shared by users through the Platform’s functionality.

UGC may be:

public (accessible to an unlimited number of users or third parties);
restricted (accessible to a defined group of users);
private (accessible only to specific users or parties involved in an interaction).

Any UGC is deemed to be provided by the user voluntarily, at their own risk, and under their own responsibility, unless otherwise expressly provided by the Platform’s functionality or applicable law.

By posting or otherwise sharing UGC through the Platform, the user confirms that such content complies with this Policy and other applicable Platform documents.

3. Ownership of User-Generated Content

The user retains all intellectual property rights they hold in the User-Generated Content (UGC) they create and publish on the Platform, provided that such content has been lawfully created by the user and does not infringe the rights of any third parties.

The publication of UGC on the Platform does not constitute a transfer of ownership of such content to the Platform. However, by posting content, the user grants the Platform rights to use such content in accordance with the terms of this Policy.

The user is solely responsible for:

having the legal rights to use and publish the relevant content;
ensuring compliance with third-party intellectual property rights, including copyright, related rights, rights of publicity (image rights), trademarks, and other applicable rights;
obtaining necessary permissions from individuals depicted in or mentioned in the content, where required by law.

If a user publishes content that:

is created jointly with other persons;
belongs to third parties;
contains third-party intellectual property,

the user warrants that they have all necessary rights, licenses, and permissions to publish such content and to grant the Platform the rights to use it.

The Platform does not claim authorship of User-Generated Content and does not perform prior verification of the lawfulness of its creation or the ownership of rights, except as provided in the Content Moderation and Enforcement Policy or applicable law.

Upon receipt of substantiated complaints regarding alleged intellectual property violations, the Platform reserves the right to remove the relevant content, restrict access to it, or take other measures in accordance with its policies and applicable law.

4. License Granted by the User to the Platform

By posting or otherwise distributing User-Generated Content (UGC) on the Platform, the user grants WHIMSCOPE a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use such content.

This license includes the right of the Platform to:

store, reproduce, display, and publicly perform the content;
distribute, publish, and make the content available to other users;
adapt, modify, format, and technically process the content (without altering its essential nature);
use the content to ensure the operation of the Platform;
use the content to improve services, including recommendation algorithms and personalization;
use the content for the Platform’s marketing and promotional purposes, subject to compliance with users’ rights and applicable law.

The user agrees that this license is necessary for the proper functioning of the Platform, including the ability to:

display content to other users;
distribute activities (“whims”) among the audience;
enable interaction between users.

The license is granted for the entire duration of the intellectual property rights in the relevant content, unless otherwise provided by law or limited by the user through deletion of the content from the Platform.

In the event that the user deletes content or their account, the Platform shall cease using such content within a reasonable period of time, except for:

cases where the content has already been used in marketing materials;
cases where retention is necessary to comply with legal obligations;
cases where the content is retained in backup copies and technical storage for a limited period of time.

Nothing in this Policy grants the Platform the right to sell User Generated Content to third parties as a standalone asset, unless otherwise expressly agreed with the user.

To the extent permitted by applicable law, the user also waives any moral rights in such content or agrees not to exercise such rights in a manner that would restrict the Platform’s use of the content under this license.

This license is irrevocable, except where otherwise expressly required by applicable law.

5. Use of Content by the Platform

The Platform uses User-Generated Content (UGC) solely for the purpose of operating, developing, and promoting the WHIMSCOPE service, as well as improving the user experience.

In particular, the Platform has the right to use UGC for:

displaying activities (“whims”), profiles, and other content to other users;
generating recommendations, personalizing feeds, and suggesting activities;
analyzing user behavior to improve Platform functionality;
training, testing, and improving algorithms, including elements of artificial intelligence;
detecting and preventing violations, fraud, and misuse;
communicating with users regarding their activities or content.

The Platform may use public UGC in marketing and promotional materials (including social media, advertising campaigns, presentations, and other channels), provided that:

such use does not distort the meaning of the content;
it does not violate the user’s lawful rights and interests;
it does not disclose confidential or private information without a lawful basis.

When using content for marketing purposes, the Platform may:

display the user’s name or nickname;
omit attribution as reasonably necessary based on the format of use;
adapt the content format (e.g., cropping images, resizing, translation) without altering its core meaning.

The Platform is not obligated to use any UGC and reserves the right to refrain from using it without providing any reason.

Any use of UGC is carried out in accordance with this Policy, the Privacy Policy, and applicable law, including data protection requirements.

Where required by applicable law, the Platform may obtain additional user consent for the use of their content in marketing or advertising materials.

The Platform does not use user-generated content to train external artificial intelligence models or transfer it to third parties outside the Platform’s functionality, unless otherwise expressly provided in the Privacy Policy or through separate user consent.

6. User Warranties Regarding Content

By posting or otherwise distributing User-Generated Content (UGC) on the Platform, the user represents and warrants that:

they are the author of the content or have all necessary rights, licenses, and permissions to use and publish it;
the publication of the content does not infringe intellectual property rights, privacy rights, image rights, or any other rights of third parties;
the content does not contain false, misleading, or deceptive information;
the content complies with the Community Guidelines, Acceptable Use Policy, and other Platform documents;
the content is not illegal, harmful, offensive, discriminatory, or otherwise capable of causing harm to other users or third parties;
where the content includes images or videos depicting other persons, the User has obtained their consent, if required by law;
the content does not contain viruses, malicious code, or other elements that may disrupt the operation of the Platform or other users’ devices.

The user further agrees that:

they will not use the Platform to post content on behalf of another person without proper authorization;
they will not impersonate any other person or misrepresent their status, or authority;
they will not publish content created in violation of applicable law or the terms of third-party services.

In the event of a breach of these warranties, the user shall bear full responsibility for all resulting consequences, including any third party claims, damages, and costs incurred by the Platform.

The Platform reserves the right to take measures in relation to such content or the user in accordance with the Content Moderation and Enforcement Policy, including removal of content, restriction of access, or suspension of the account.

7. Prohibited Content

Users are prohibited from creating, posting, or otherwise distributing any User-Generated Content (UGC) on the Platform that:

violates applicable laws or the rights of third parties;
contains hate speech, incitement to violence, discrimination, or harassment;
is abusive, defamatory, or otherwise infringes upon the honor, dignity, or reputation of others;
contains pornographic, sexually explicit, or exploitative material (especially involving minors);
promotes violence, dangerous behavior, or activities that may endanger life or health;
contains false or misleading information, including fraudulent schemes;
infringes intellectual property rights, including copyrights, trademarks, and other proprietary rights;
contains spam, unsolicited advertising, or other forms of intrusive promotion;
contains malicious code, viruses, or other technical means that may disrupt the operation of the Platform or users’ devices;
creates unsafe or misleading “whims” (activities);
violates other Platform policies, including the Community Guidelines, Acceptable Use Policy, and Community Safety Policy.

It is also prohibited to publish content that:

is related to organizing or conducting dangerous, illegal, or high-risk activities without proper disclosure to participants;
misrepresents the conditions of participation in activities (“whims”), their safety, or organization;
creates a risk of harm to other users in the context of offline interactions.

This list is not exhaustive. The Platform reserves the right to independently determine whether any content violates this Policy or other Platform rules.

In the event that prohibited content is identified, the Platform may take measures in accordance with the Content Moderation and Enforcement Policy, including removal of content, restriction of visibility, or application of sanctions against the user.

8. Content Moderation and Removal

The Platform carries out moderation of User-Generated Content (UGC) to ensure compliance with this Policy, other internal Platform documents, and applicable legal requirements.

Moderation may be conducted:

through automated tools (algorithms, violation detection systems);
through manual review by moderators;
based on reports or complaints submitted by users or third parties.

The Platform is not obliged to pre-screen all content published on the Platform; however, it reserves the right to review any UGC at any time.

In the event of a violation or a reasonable suspicion of a violation, the Platform reserves the right to:

remove the relevant content or restrict access to it;
reduce its visibility or distribution;
label content as potentially harmful or in violation of applicable rules;
temporarily or permanently restrict the user’s account functionality;
suspend or terminate the user’s account.

The user may be notified of such measures if provided for in the Content Moderation and Enforcement Policy or if technically feasible.

The Platform also reserves the right to remove content without prior notice to the user where it is necessary to:

comply with legal obligations;
prevent harm to other users or third parties;
ensure the security of the Platform.

Procedures for appealing moderation decisions, where applicable, are governed separately by the Content Moderation and Enforcement Policy.

Content moderation is carried out at the Platform’s discretion, taking into account principles of good faith, proportionality, and user safety.

9. Reuse of Content by Other Users

The Platform’s functionality may allow users to interact with User-Generated Content (UGC), including viewing, sharing, saving, or otherwise using such content within the Platform.

By posting public content, the user agrees that other users may:

view and interact with such content;
participate in the relevant activities (“whims”);
share content within the Platform’s functionality (e.g., through reposts, recommendations, or sharing links).

Users shall not:

copy, download, reproduce, or use another user’s content outside the Platform without the rights holder’s permission;
use other users’ content for commercial purposes without appropriate authorization;
modify or distribute content in a way that may infringe the author’s rights or mislead other users.

Any use of UGC by other users must comply with this Policy, the Community Guidelines, and applicable law.

The Platform is not responsible for unauthorized use of content by other users outside its control; however, it may take appropriate measures within its capabilities upon receiving relevant complaints.

10. Complaints and Copyright Infringement

The Platform respects intellectual property rights and other third-party rights and responds to properly submitted complaints regarding alleged violations related to User-Generated Content (UGC).

If a user or a third party believes that content posted on the Platform infringes their rights (including, but not limited to, copyright, related rights, image rights, or other rights), they may submit a complaint in accordance with the procedure set out in the Copyright and DMCA Policy or other applicable Platform documents.

The complaint must include sufficient information to identify:

the content alleged to infringe the relevant rights;
the rights that, according to the complainant, have been infringed;
the identity of the complainant and proof of their authority to act on behalf of the rights holder, where applicable;
contact details for communication.

The Platform has the right to:

request additional information to process the complaint;
temporarily restrict access to the content during review;
remove the content if a violation is confirmed;
take measures against the user who committed the infringement in accordance with internal policies.

The Platform may apply a notice-and-takedown procedure to any content that, in the Platform’s reasonable discretion, violates applicable law or third-party rights, regardless of whether such complaint falls under the formal DMCA procedure.

The user against whom a complaint has been filed may have the right to submit a counter-notice if they believe that the content was removed or restricted in error or without sufficient grounds.

The Platform reserves the right to restrict or terminate access to users who repeatedly infringe intellectual property rights or other third-party rights.

Submitting knowingly false or bad-faith complaints may result in liability under applicable law and/or restriction of access to the Platform.

11. Liability and Limitation of Liability

Users agree that the use of User-Generated Content (UGC) on the Platform is at their own risk, and the Platform shall not be liable for any loss, damage, or harm arising from:

interaction with content created by other users;
participation in activities (“whims”) or events organized by other users;
violations of third-party rights by other users;
content that may be inaccurate, misleading, or harmful;
technical failures, data loss, or incorrect content display.

The Platform does not guarantee the continuous availability, completeness, or accuracy of user-generated content and reserves the right to modify or remove any content in accordance with this Policy and other Platform documents.

Users bear full responsibility for their own content and the consequences of its publication, including any potential legal claims that may be brought by third parties.

The Platform’s limitation of liability shall not apply in cases expressly provided for by applicable law where liability cannot be limited or excluded.

The Platform is not responsible for the use of UGC in the context of offline activities.

The Platform acts solely as an intermediary in hosting User-Generated Content and is not its author, editor, or publisher.

The Platform does not perform prior screening of all content and is not responsible for User-Generated Content, except where expressly required by applicable law.

All Platform policies shall be interpreted in conjunction with one another. In the event of any conflict between documents, the specific document governing the relevant issue shall prevail.