lilwhuda Terms of Service

Intellectual Property Provisions for lilwhuda Telegram Channels: These Intellectual Property Provisions ("IP Provisions") form an integral part of the Terms of Service ("ToS") for the lilwhuda Telegram Channels (the "Channels"), operated by lilwhuda/ Huda Ibrahim Ali (the "Owner" or "We"). By subscribing to or accessing the Channels, including but not limited to the lilwhuda 0.2 Plan or the lilwhuda Gym & Health Plan, you ("Subscriber" or "You") agree to be bound by these IP Provisions. These Provisions are designed to protect the Owner's intellectual property rights in the subscription-only content (the "Content"), which includes photos, videos, live streams, archives, and related materials, under European Union ("EU") intellectual property law, as harmonized by directives administered and guided by the European Union Intellectual Property Office ("EUIPO"), and enforceable internationally, including in the Middle East and North Africa ("MENA") region through the Berne Convention for the Protection of Literary and Artistic Works (the "Berne Convention"). These IP Provisions are governed by EU law, with cross-border enforcement mechanisms applicable in MENA jurisdictions. Violation of these Provisions may result in immediate termination of access, bans without refund, and legal action, including civil and criminal remedies. Subscribers are advised that the Content is provided on a non-refundable, monthly subscription basis, and any infringement may lead to pursuit of remedies in the Subscriber's jurisdiction. 1. Introduction and Scope The Channels provide exclusive, subscription-only Content, such as Instagram photo and video archives, exclusive photos and videos, weekly posts, cosplay photos, Twitch clips, links to other social media posts, exclusive stories, gym-related photos and videos, Muay Thai content, gym session videos, and previous Twitch live streams. This Content is original creative work owned by the Owner and is protected as audiovisual works, photographic works, and databases under EU copyright law. Pursuant to EUIPO guidance and EU directives, including Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (the "InfoSoc Directive"), the Owner holds automatic copyright protection upon creation of the Content, without the need for registration. This protection extends to reproduction, distribution, communication to the public (including online streaming and making available), and adaptation rights. The scope of these IP Provisions covers all Subscribers, with particular emphasis on those in MENA countries (e.g., Algeria, Bahrain, Egypt, Jordan, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, UAE, and Yemen), where EU copyrights are enforceable via the Berne Convention, to which these countries are signatories. The Berne Convention ensures that works originating in EU member states receive the same protection in signatory countries as domestic works, without formalities such as registration. As such, the Owner may enforce rights through local courts, platforms like Telegram (headquartered in the UAE), or international mechanisms like the World Intellectual Property Organization ("WIPO"). These Provisions align with EUIPO's European Observatory on Infringements of Intellectual Property Rights, which monitors online piracy and emphasizes the use of technical measures to protect digital content in subscription models. 2. Definitions For the purposes of these IP Provisions: Content: Refers to all photos, videos, live streams, archives, stories, and any other materials provided in the Channels, classified as "works" under Article 2 of the InfoSoc Directive. Copyright: The exclusive rights granted under EU law, including moral rights (e.g., attribution and integrity) and economic rights (e.g., reproduction and distribution), as defined in Articles 2-4 of the InfoSoc Directive. Infringement: Any unauthorized reproduction, distribution, sharing, screenshotting, recording, or communication to the public of the Content, as per Article 8 of the InfoSoc Directive and Article 3 of Directive 2019/790 on copyright in the Digital Single Market (the "DSM Directive"). License: The limited, non-exclusive, revocable permission granted to Subscribers to view the Content solely within the Channels, subject to these Provisions. Technical Protection Measures ("TPMs"): Tools such as one-time-use joining links, activity monitoring, and Telegram's access controls, protected under Article 6 of the InfoSoc Directive, which prohibits circumvention. MENA Jurisdictions: Countries in the Middle East and North Africa bound by the Berne Convention, where local laws (e.g., UAE Federal Decree-Law No. 38 of 2021 on Copyrights and Neighboring Rights; Saudi Arabia's Copyright Law promulgated by Royal Decree No. M/41 of 2003) recognize and enforce foreign copyrights. 3. Copyright Ownership and Protection 3.1 Automatic Protection Under EU Law: All Content is automatically protected by copyright upon creation, as per Article 1 of the Berne Convention (incorporated into EU law via the InfoSoc Directive). No registration is required, and protection lasts for the life of the author plus 70 years (Article 1(1) of Directive 2006/116/EC on the term of protection). For audiovisual works like videos and live streams, this includes protection of performances and fixations under Directive 2006/115/EC on rental right and lending right. 3.2 Exclusive Rights: The Owner retains all exclusive rights, including: Reproduction (e.g., copying, screenshotting, or downloading; Article 2, InfoSoc Directive). Distribution (e.g., sharing or resale; Article 4, InfoSoc Directive). Communication to the Public (e.g., uploading to other platforms or streaming outside the Channels; Article 3, InfoSoc Directive, as expanded by Article 3 of the DSM Directive for online content-sharing services). Adaptation or Derivative Works (e.g., editing or remixing Content). Moral Rights (e.g., right to paternity and integrity, preventing distortion; Article 6bis, Berne Convention). EUIPO's guidance, through its Observatory reports (e.g., 2023-2025 studies on online infringement), highlights that subscription models like the Channels counter digital piracy by providing licensed access, and infringements such as unauthorized sharing of videos or photos are prevalent issues addressed by EU law. 3.3 Database Rights: Where Content is organized into archives (e.g., Instagram or gym content collections), it is protected as a database under Directive 96/9/EC on the legal protection of databases, prohibiting extraction or re-utilization of substantial parts. 3.4 International Protection via Berne Convention: For MENA Subscribers, the Berne Convention (ratified by all listed MENA countries) ensures national treatment: EU-origin Content receives the same protection as local works. No formalities are required (Article 5(2), Berne Convention), and protection is automatic. 4. License Grant and Subscriber Obligations 4.1 Limited License: Upon subscription and payment of the monthly fee, you are granted a temporary, non-exclusive, non-transferable, revocable license to view the Content solely within the Channels for personal, non-commercial use. This license does not confer ownership and terminates upon unsubscribing, leaving the Channel, or violation of these Provisions. 4.2 Access Controls: Joining links are one-time-use and cancel upon leaving. Rejoining requires contacting @lilwhudabot via "/status". TPMs, including monitoring for screenshots or recordings, are implemented to protect Content, and circumvention is prohibited under EU law (Article 6, InfoSoc Directive) and MENA equivalents (e.g., UAE Federal Decree-Law No. 38/2021, Article 39 prohibiting tampering with protection measures). 4.3 No Health Advice Disclaimer: The lilwhuda Gym & Health Plan Content is for viewing only and does not constitute health or coaching advice, reinforcing its status as protected entertainment material. 5. Prohibited Activities You agree not to: Reproduce, distribute, share, screenshot, record, or communicate the Content to the public, including uploads to Telegram, X.com, Instagram, Twitch, YouTube, or any file-sharing or social media platforms. Circumvent TPMs or access controls. Create derivative works or adaptations. Use Content for commercial purposes. Engage in any act constituting infringement under EU law or MENA local laws. Violations trigger immediate bans without refund or warning, as Subscriber activity is monitored across platforms where Content may be shared. 6. Enforcement and Remedies 6.1 EU Enforcement: Under Directive 2004/48/EC on the enforcement of intellectual property rights ("IPRED"), the Owner may seek: Injunctions to cease infringement (Article 9). Damages for lost revenue (equivalent to subscription fees; Article 13). Seizure of infringing materials (Article 10). Publication of judgments (Article 15). Under Article 17 of the DSM Directive, online content-sharing service providers (e.g., X.com, YouTube, Instagram, Twitch) must prevent unauthorized uploads and remove infringing Content upon notice, as reinforced by the Digital Services Act (Regulation 2022/2065, Articles 16-17). Telegram, headquartered in the UAE, complies with similar notice-and-takedown procedures. For online platforms, Article 17 of the DSM Directive requires cooperation in preventing unauthorized uploads. Telegram must remove infringing Content upon notice under the Digital Services Act (Regulation 2022/2065). 6.2 MENA Enforcement: In MENA jurisdictions, enforcement occurs via local courts recognizing Berne Convention rights: UAE: Under Federal Decree-Law No. 38/2021 (effective 2021, no major 2025 updates per sources), infringements on audiovisual works (Article 4) incur fines up to AED 1,000,000, imprisonment up to 2 years (Article 43), and device seizure. Takedowns via Telegram (UAE-based) are swift. Saudi Arabia: Under Royal Decree No. M/41/2003 (amended to 2019 implementing regulations), infringements (Article 22) result in fines up to SAR 250,000, imprisonment up to 6 months, establishment closure, and doubled penalties for repeats. The Saudi Authority for Intellectual Property (SAIP) handles disputes, with 2025 cases showing SR 5,000-9,000 fines for digital sharing. Other MENA Countries: Similar penalties apply (e.g., Egypt's Law No. 82/2002: fines up to EGP 500,000; Morocco's Law No. 2-00: imprisonment up to 2 years). Cross-border claims via WIPO or firms like PicRights. 6.3 Multi-Platform Enforcement In addition to Telegram, the Owner may enforce rights against infringements on other platforms: X.com: As an EU-regulated platform under the Digital Services Act, X.com must remove infringing Content upon notice and may suspend accounts for repeated violations (Article 16, DSA). EUIPO’s Observatory case law (e.g., 2023 rulings) supports takedowns for unauthorized sharing of subscription content. Instagram, Twitch, YouTube: These platforms operate notice-and-takedown systems under the DSM Directive and equivalent MENA laws (e.g., UAE’s cybercrime laws). Infringements (reposting clips or stories) trigger Content removal and potential account bans. File-Sharing Sites: Unauthorized uploads to sites like Mega, Google Drive, or torrent platforms are pursued via hosting provider notices or legal action, with EUIPO noting a 10-20% annual rise in such infringements (2023-2025 reports). The Owner reserves the right to pursue remedies in any jurisdiction, including via platform reporting or international arbitration. 7. Governing Law and Dispute Resolution These IP Provisions are governed by the laws of Portugal, with exclusive jurisdiction in its courts for EU disputes. For MENA Subscribers, local enforcement aligns with Berne Convention obligations. Disputes may be resolved via EUIPO mediation or WIPO Arbitration. 8. Severability and Amendments If any provision is invalid, the remainder remains in effect. The Owner may amend these Provisions with notice via the Channels. By subscribing, You acknowledge understanding these Provisions and consent to monitoring and enforcement. For questions, contact @lilwhudabot. All rights reserved 2025.