TERMS OF SERVICE
Thank you for using Vooconnect!
We agree to provide you with the Vooconnect service with all its features, technologies, services, applications and software that we provide.
If you are under the age of 13, you must not use Vooconnect. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Vooconnect.
If we have previously disabled your account for policy violation, you are not eligible to make use of the Vooconnect service.
If you are using Vooconnect on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms. In such circumstances, “you” will include your Organization.
The Vooconnect Service
We hereby agree to make available to you the Vooconnect service. The service includes all of the Vooconnect features, services, applications, technologies and portals that we make available to advance our mission of connecting people and building communities.
· Provide a personalized experience and opportunities to you to connect, create, discover and share.
With the Vooconnect platform, we aim at helping you finding and strengthen relationships through shared experiences that you really care about. So, the platform tries to understand what and who you and others have an interest in, and use such information to help you create, discover, join and share in such experiences that matters to you.
· Provide you with a platform to express yourself and share with people you love the things that matter to you.
With our services, we provide you with a platform to communicate with your friends, loved ones and others about things that matters to you. For example, sending and receiving messages, sharing photos, videos, and also communicating with a large audience, creating events and sharing contents.
In order to access and make use of the Vooconnect service, you need to create an account with us. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account.
Your account name, user ID and other identifiers you adopt within Vooconnect remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for:
(a) safeguarding your account details, including any passwords used to access your account and Vooconnect, and
(b) all use of Vooconnect under your account, including any purchases made and/or payment obligations arising under your account. You must promptly notify us if you know or suspect that your password or account has been compromised.
We will regard all use of your account on Vooconnect as being by you, except where we have received a valid and –properly received a notification to us regarding your account or password being compromised.
We may allow you to register for and login to Vooconnect using sign-on functionalities provided by third-party platforms, such as Facebook or Google. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).
Rights we grant you and Intellectual Property Rights
Vooconnect grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policy permits.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
We may from time to time provide updates to Vooconnect Software. Such updates may occur automatically or manually. Please note that Vooconnect Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any Vooconnect Software, or that such updates will continue to support your device or system. All updates to the Vooconnect Software are part of the Vooconnect Software and subject to these Terms, except as otherwise specified by us.
Rights that You Grant Us over your Content
Some of our services allows you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
Granting us a license to make use of your content does not deprive you of the rights you have over such content; you own the intellectual property rights in any such content that you create and share on Vooconnect. This implies that when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
This means, among other things, that you will not be entitled to any compensation from Vooconnect, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services.
In addition, you agree that we and our affiliates:
· are allowed to retain and continue to use Your Content after you stop using Vooconnect;
· may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal processes; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
· may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of Vooconnect.
You understand that even if you seek to delete Your Content from Vooconnect, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Vooconnect.
While we are not required to do so, we reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with the Copyright Policy. We reserve the right to artificially manipulate the visibility, status, or rank of Your Content on Vooconnect.
You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
You also give us permission to publicly display your profile picture, username, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Vooconnect Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on the platform. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
Contents made available by Other Users
Much of the content on our Services are made available on the platform by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Vooconnect reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Infringement of Copyrights
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers and as such, we take reasonable steps to expeditiously take down infringing materials that we become aware of.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Advertising Content on Vooconnect
Prohibited ways in which you can’t make use of Vooconnect
You may not access or use the Site for any purpose other than that for which we make the service available. The service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
· Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
· Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
· Use any information obtained from the Site in order to harass, abuse, or harm another person.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Use the Site in a manner inconsistent with any applicable laws or regulations.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content.
· Attempt to impersonate another user or person or use the username of another user.
· Sell or otherwise transfer your profile.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
· Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
· Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
· Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
· Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
· Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
In order for us to provide Vooconnect to you, we may require virtual access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Vooconnect – for example, we may need to use your device's processor and storage to complete the relevant Vooconnect Software installation, or we may need to access your contact list to provide certain interactive functions within Vooconnect.
Account Termination or suspension
These Terms will apply to your use of Vooconnect until your access to Vooconnect is terminated by either you or us.
You may terminate your use of Vooconnect, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Vooconnect or these Terms which you do not agree to).
We may suspend or terminate your access to your account or any or all of Vooconnect:
i) if we undertake maintenance or support of Vooconnect;
ii) to make changes to Vooconnect as notified by us to you;
iii) if we reasonably believe that you have breached these Terms;
iv) if your use of Vooconnect creates risk for us or for other users of Vooconnect, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
v) if you fail to use Vooconnect for a prolonged period;
vi) if such suspension or termination is required due to Applicable Laws; or
vii) to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion,
and where reasonably practicable, we will give you advance notice of any suspension or termination.
If your access to Vooconnect is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you will immediately permanently delete all copies of Vooconnect Software to which the termination relates and you will immediately cease accessing and using any such Vooconnect Software.
Retention and back-up of Your Content
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Vooconnect is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our service. We also reserve the right to modify or discontinue all or part of the service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Vooconnect, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
Warranty and Disclaimer
We warrant to you that we will provide Vooconnect using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, VOOCONNECT (INCLUDING ANY VOOCONNECT SOFTWARE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO VOOCONNECT, ANY VOOCONNECT SOFTWARE OR ANY DATA, MEDIA OR OTHER CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY VOOCONNECT, INCLUDING: (A) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT VOOCONNECT OR VOOCONNECT SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (B) THAT VOOCONNECT OR VOOCONNECT SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (C) THAT VOOCONNECT OR VOOCONNECT SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOOCONNECT AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF VOOCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VOOCONNECT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF USD 100 OR THE AMOUNT YOU PAID VOOCONNECT, IF ANY, IN THE LAST 12 MONTHS.
Any dispute or claim relating in any way to your use of our Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Vooconnect will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: [email protected].