VNVN TERMS OF USE AGREEMENT
1. General and Acceptance
BY USING AND/OR VISITING THE VNVN.COM WEBSITE AND/OR ANY SUB-WEBSITE OF VNVN.COM (as defined below; collectively, including all content available through the VNVN.COM domain name and/or any sub-domain name such as mobile.VNVN.COM,mobile.VNVN.COM, mobile.avcyber.com, mobile.avcyber.net, mobile.vncyber.com, mobile.vncyber.net the "VNVN Website", or "Website"), is owned, maintained and operated by VNVN System. ("VNVN") and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF VNVN'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://vnvn.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the VNVN Website.
For the purpose of these Terms of Use, a "Sub-website" of VNVN shall be considered as any website which is part of the VNVN service offering and which refers to these Terms of Use as the terms governing the use of such websites.
This Terms of Use Agreement sets forth the legally binding terms for your use of the VNVN Services and they shall apply to all users of the VNVN Website, including users offering content and/or other materials or services on or through the Website. By using the VNVN Services, you agree to be bound by this Agreement. You are only authorized to use the VNVN Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE VNVN WEBSITE AND DISCONTINUE USE OF THE VNVN SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE VNVN SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain VNVN Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the VNVN.COM Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
VNVN.COM may modify this Agreement from time to time and such modification shall be effective upon posting by VNVN.COM on the Website. You agree to be bound to any changes to this Agreement when you use the VNVN Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Eligibility
Use of and Membership in the VNVN Services is void where prohibited. By using the VNVN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the VNVN Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Basic/Upgraded Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, VNVN shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and VNVN may charge fees for such Services. The Services are provided by VNVN AS IS and VNVN assumes no responsibility for any failure in providing the Services to the Users.
VNVN may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. VNVN may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. VNVN may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any VNVN product or image or webpage including such which have been created by users unless stated otherwise.
The Basic/Upgraded Services provided by VNVN (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
It is further stipulated that any use of the VNVN Services for creation and/or uploading and/or hosting of HTML widgets or other HTML web content ("HTML Content") for commercial purposes (such as, but not limited to, adsense, e-commerce shopping carts etc.) is subject and contingent upon upgrade of such content by purchase of a Premium package (as defined in the Website) which is at least a 'Combo' package. In the event that HTML Content is not upgraded as required, VNVN shall have the right to discontinue the use of the Services through such HTML Content without any prior notification.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the VNVN.COM services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The VNVN Website
The VNVN Website may contain third party content and links to third party websites that are not owned or controlled by VNVN. VNVN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, VNVN will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve VNVN from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the VNVN Website and to read the terms and conditions, and privacy policy of each other website that you visit.
6. Website Access
A. VNVN hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by VNVN; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify VNVN immediately of any breach of security or unauthorized use of your account. Although VNVN will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VNVN or others due to such unauthorized use.
7. Third Party Content
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by VNVN; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
VNVN enables you to share your creations and/or User Submissions (as defined bellow) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that VNVN shall not have any responsibility or liability with regard to any third party services used by you on or through your VNVN formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of VNVN.
10. Fees and Payment
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. VNVN reserves the right to change its prices at any time. You authorize VNVN directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, VNVN.COM Inc. (VNVN's wholly owned subsidiary) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to VNVN.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If VNVN does not receive a request by the user, through the managed premium section under VNVN websit, for Charged Services termination you acknowledge and understand that VNVN will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. VNVN expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION VNVN WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH VNVN AT VNVN’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPAIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS VNVN IN RELATION TO THE DISCONTIUATION OF THE SERVICES.
11. OWNERSHIP OF CONTENT
VNVN does not have the ability to determine the actual owner of content created and/or uploaded to the Website.
Accordingly:
12. CANCELLATION & MONEY BACK
The VNVN Charged Services are provided on a prepay basis. VNVN users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the VNVN Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the VNVN Website.
VNVN will only refund you according to its Money Back Guaranty Policy. VNVN offers a 14-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request by email to [email protected] within the Guaranty Period in order to receive full refund. VNVN will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHSED ON THE WEBSITE MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. VNVN WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
13. Intellectual Property Rights
The Content on the VNVN Website (as defined above), except all User Submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, VNVN uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a VNVN document). VNVN reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the VNVN Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VNVN Website or any of the Content therein.
14. User Submissions
In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:
16. Security
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify VNVN in writing of any unauthorized uses of your account or any other breaches of security. VNVN cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You acknowledge and agree that under no circumstances will VNVN be liable, in any way, for any acts or omissions by any VNVN User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
17. Warranty Disclaimer & Limitation of Liability
You agree to defend, indemnify and hold harmless VNVN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
19. Events Beyond Control.
Under no circumstances shall VNVN be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of VNVN, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
20. Changes to VNVN Services
VNVN reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the VNVN Services or any part thereof with or without notice. VNVN will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
21. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VNVN without restriction or limitations.
22. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on VNVN.NET or elsewhere on the Sites. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Sites or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to VNVN.NET or elsewhere on the Sites. The revised version will apply to you immediately if you are a User who registers or first uses the Sites on or after the posting of the revised version.
23. Term and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Sites at any time and for any or no reason. Webs has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Sites or any Website, (ii) remove and discard any Content within any Website or anywhere on the Sites or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
24. Effects of Terminating
Upon deactivating your account, this Agreement terminates and your access rights to the Sites and any Websites immediately cease to exist. For Content you wish to delete from the Sites, you can delete it by going to each of the Websites to which you've contributed. Webs is not responsible for deleting Content on your behalf and Webs will not have any obligation to assist you in migrating your data or your Website(s) off of the Sites. Note that, even if Content is deleted from Webs' active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Webs will have no obligation to refund any fees paid for Paid Services.
25. Law and Arbitration
This Agreement shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
26. General
You agree that: (i) the VNVN Website shall be deemed solely based in California USA; and (ii) the VNVN Website shall be deemed a passive website that does not give rise to personal jurisdiction over VNVN, either specific or general, in jurisdictions other than California USA. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VNVN that arises in whole or in part from the VNVN Website shall be decided exclusively by a court of competent jurisdiction located in Westminster, California USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by VNVN on the Website, shall constitute the entire agreement between you and VNVN concerning the VNVN Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VNVN's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND VNVN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VNVN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
By registering to the VNVN Website and providing your email address, you expressly agree to receive promotional content from VNVN, by mail or email, from time to time. If you provide VNVN with your phone number (at any stage of use of the Services), VNVN shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify VNVN at any time.
27. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
28. CUSTOMER SERVICE CONTACT
To get in touch with our Customer Service - please use any of the options listed below:
1. General and Acceptance
BY USING AND/OR VISITING THE VNVN.COM WEBSITE AND/OR ANY SUB-WEBSITE OF VNVN.COM (as defined below; collectively, including all content available through the VNVN.COM domain name and/or any sub-domain name such as mobile.VNVN.COM,mobile.VNVN.COM, mobile.avcyber.com, mobile.avcyber.net, mobile.vncyber.com, mobile.vncyber.net the "VNVN Website", or "Website"), is owned, maintained and operated by VNVN System. ("VNVN") and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use" or "Agreement") AND THE TERMS AND CONDITIONS OF VNVN'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://vnvn.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the VNVN Website.
For the purpose of these Terms of Use, a "Sub-website" of VNVN shall be considered as any website which is part of the VNVN service offering and which refers to these Terms of Use as the terms governing the use of such websites.
This Terms of Use Agreement sets forth the legally binding terms for your use of the VNVN Services and they shall apply to all users of the VNVN Website, including users offering content and/or other materials or services on or through the Website. By using the VNVN Services, you agree to be bound by this Agreement. You are only authorized to use the VNVN Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE VNVN WEBSITE AND DISCONTINUE USE OF THE VNVN SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE VNVN SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain VNVN Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the VNVN.COM Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
VNVN.COM may modify this Agreement from time to time and such modification shall be effective upon posting by VNVN.COM on the Website. You agree to be bound to any changes to this Agreement when you use the VNVN Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Eligibility
Use of and Membership in the VNVN Services is void where prohibited. By using the VNVN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the VNVN Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Basic/Upgraded Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, VNVN shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and VNVN may charge fees for such Services. The Services are provided by VNVN AS IS and VNVN assumes no responsibility for any failure in providing the Services to the Users.
VNVN may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. VNVN may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. VNVN may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any VNVN product or image or webpage including such which have been created by users unless stated otherwise.
The Basic/Upgraded Services provided by VNVN (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
It is further stipulated that any use of the VNVN Services for creation and/or uploading and/or hosting of HTML widgets or other HTML web content ("HTML Content") for commercial purposes (such as, but not limited to, adsense, e-commerce shopping carts etc.) is subject and contingent upon upgrade of such content by purchase of a Premium package (as defined in the Website) which is at least a 'Combo' package. In the event that HTML Content is not upgraded as required, VNVN shall have the right to discontinue the use of the Services through such HTML Content without any prior notification.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the VNVN.COM services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The VNVN Website
The VNVN Website may contain third party content and links to third party websites that are not owned or controlled by VNVN. VNVN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, VNVN will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve VNVN from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the VNVN Website and to read the terms and conditions, and privacy policy of each other website that you visit.
6. Website Access
A. VNVN hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by VNVN; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify VNVN immediately of any breach of security or unauthorized use of your account. Although VNVN will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VNVN or others due to such unauthorized use.
7. Third Party Content
- A. Linked Third Party Content: VNVN enables you to link to images, animations, videos, audio, fonts, and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by VNVN, but this is separate from the Linked Content, and the existence of your creation in VNVN does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work. VNVN may provide its users the ability to embed images, animations, videos, audio, fonts, and other content owned or provided by third parties into VNVN created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content.
- B. Third Party Content: VNVN may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties ("Third Party Content"). You acknowledge and agree that VNVN shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the VNVN Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the VNVN Website ("Your VNVN Content"). If you do not obey to such instructions, and you do not remove the Third Party Content from Your VNVN Content within no later than 24 hours from the time on which VNVN provided you the relevant notice, VNVN SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR VNVN CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO VNVN, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO VNVN.
You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by VNVN; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.
8. Online Sharing through Third Party Services
VNVN enables you to share your creations and/or User Submissions (as defined bellow) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that VNVN shall not have any responsibility or liability with regard to any third party services used by you on or through your VNVN formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of VNVN.
10. Fees and Payment
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. VNVN reserves the right to change its prices at any time. You authorize VNVN directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, VNVN.COM Inc. (VNVN's wholly owned subsidiary) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to VNVN.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If VNVN does not receive a request by the user, through the managed premium section under VNVN websit, for Charged Services termination you acknowledge and understand that VNVN will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. VNVN expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION VNVN WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH VNVN AT VNVN’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPAIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS VNVN IN RELATION TO THE DISCONTIUATION OF THE SERVICES.
11. OWNERSHIP OF CONTENT
VNVN does not have the ability to determine the actual owner of content created and/or uploaded to the Website.
Accordingly:
- (i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a free User (and which VNVN has not been paid for), the owner of such content shall be considered as the VNVN User listed as the owner of the VNVN account under which the content has been created or uploaded to the Website;
- (ii) in respect to websites created on VNVN's Website and which have an external URL (i.e. a domain name imported or purchased as part of a "Premium Upgrade"), VNVN shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid VNVN for the Charged Services shall not be considered by VNVN as creating any ownership or other rights in or in relation to such website;
12. CANCELLATION & MONEY BACK
The VNVN Charged Services are provided on a prepay basis. VNVN users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the VNVN Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the VNVN Website.
VNVN will only refund you according to its Money Back Guaranty Policy. VNVN offers a 14-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request by email to [email protected] within the Guaranty Period in order to receive full refund. VNVN will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHSED ON THE WEBSITE MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. VNVN WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
13. Intellectual Property Rights
The Content on the VNVN Website (as defined above), except all User Submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, VNVN uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a VNVN document). VNVN reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the VNVN Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VNVN Website or any of the Content therein.
14. User Submissions
- A. The VNVN Website may now or in the future permit the submission of Content submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, VNVN.COM does not guarantee any protection with respect to any submissions.
- B. YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT VNVN, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. VNVN DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
- C. WHILE VNVN IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER SUBMISSIONS, VNVN RESERVES THE RIGHT TO DELETE ANY SUCH USER SUBMISSIONS THAT VNVN DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
- D. VNVN does not claim any intellectual property rights over the User Submissions and any such Submissions shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the VNVN website. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the VNVN Website, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the VNVN Website and Service, and might also be accessible from other websites. With respect to Submission you submit or make available for editing by other users of the VNVN Website, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the VNVN Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Submissions (either by the user or by VNVN).
- E. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT VNVN AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE VNVN OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON.
If you become aware of misuse of the VNVN Services by any person, please contact VNVN or [email protected].
VNVN does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and VNVN expressly disclaims any and all liability in connection with User Submissions. - F. COPYRIGHT. VNVN DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND VNVN WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS. VNVN respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA"). If you believe that your work has been copied in a way that infringes your copyrights, please email us at [email protected] and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
The details of the VNVN Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found at the website of the US Copyrights Office – at http://www.copyright.gov/onlinesp/list/a_agents.html.
Repeat Infringer: VNVN reserves the right to remove Content and User Submissions without prior notice. VNVN will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. VNVN also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. VNVN may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
VNVN makes no representation that it can protect its users from exposure to offensive material. VNVN will not be liable for the content of any User Submission and expressly disclaims all liability relating thereto.
If you post content hosted on VNVN to any other site, you must provide a link from the image back to VNVN to the extent permitted by such other site. - G. You understand that when using the VNVN Website, you will be exposed to User Submissions from a variety of sources, and that VNVN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VNVN with respect thereto (if any), and agree to indemnify and hold VNVN, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:
- (a) harm minors in any way;
- (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;
- (c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- (e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;
- (f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
- (g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
16. Security
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify VNVN in writing of any unauthorized uses of your account or any other breaches of security. VNVN cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You acknowledge and agree that under no circumstances will VNVN be liable, in any way, for any acts or omissions by any VNVN User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
17. Warranty Disclaimer & Limitation of Liability
- A. YOU AGREE THAT YOUR USE OF THE VNVN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VNVN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VNVN MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE VNVN WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE VNVN WEBSITE.
- B. IN NO EVENT SHALL VNVN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VNVN WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- C. YOU SPECIFICALLY ACKNOWLEDGE THAT VNVN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- D. VNVN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VNVN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VNVN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- E. VNVN DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
- F. VNVN MAKES NO REPRESENTATIONS THAT THE VNVN WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE VNVN WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless VNVN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- (i) your use of and access to the VNVN Website;
- (ii) your violation of any term of these Terms of Use;
- (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
- (iv) any claim that one of your User Submissions caused damage to a third party.
19. Events Beyond Control.
Under no circumstances shall VNVN be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of VNVN, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
20. Changes to VNVN Services
VNVN reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the VNVN Services or any part thereof with or without notice. VNVN will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
21. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VNVN without restriction or limitations.
22. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on VNVN.NET or elsewhere on the Sites. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Sites or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to VNVN.NET or elsewhere on the Sites. The revised version will apply to you immediately if you are a User who registers or first uses the Sites on or after the posting of the revised version.
23. Term and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Sites at any time and for any or no reason. Webs has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Sites or any Website, (ii) remove and discard any Content within any Website or anywhere on the Sites or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
24. Effects of Terminating
Upon deactivating your account, this Agreement terminates and your access rights to the Sites and any Websites immediately cease to exist. For Content you wish to delete from the Sites, you can delete it by going to each of the Websites to which you've contributed. Webs is not responsible for deleting Content on your behalf and Webs will not have any obligation to assist you in migrating your data or your Website(s) off of the Sites. Note that, even if Content is deleted from Webs' active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Webs will have no obligation to refund any fees paid for Paid Services.
25. Law and Arbitration
This Agreement shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
26. General
You agree that: (i) the VNVN Website shall be deemed solely based in California USA; and (ii) the VNVN Website shall be deemed a passive website that does not give rise to personal jurisdiction over VNVN, either specific or general, in jurisdictions other than California USA. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VNVN that arises in whole or in part from the VNVN Website shall be decided exclusively by a court of competent jurisdiction located in Westminster, California USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by VNVN on the Website, shall constitute the entire agreement between you and VNVN concerning the VNVN Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VNVN's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND VNVN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VNVN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
By registering to the VNVN Website and providing your email address, you expressly agree to receive promotional content from VNVN, by mail or email, from time to time. If you provide VNVN with your phone number (at any stage of use of the Services), VNVN shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify VNVN at any time.
27. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
28. CUSTOMER SERVICE CONTACT
To get in touch with our Customer Service - please use any of the options listed below:
- Send an email message to: [email protected]
- By Phone: 1-714-367-6799 during normal business hours (Monday - Friday between, 8AM - 5PM PST)
- Send us a Letter to: VNVN.COM 17451 Nichols Ln STE A, Huntington Beach, CA 92647 USA.
[Last updated: 2012-07-17]
