This document was last revised on May 8th, 2018
This is an agreement between Vlume, Inc. ("Vlume", “Us”, “We”) and Vlume’s members, subscribers, publishers and others (collectively “Users”, “You”) who visit or use the platform, products, contents, services, online or mobile applications (“Services”) offered by Vlume.
By signing up and using the Services, you agree to these terms of services (“Terms”). If you don't agree to these Terms, do not use the Services.
We reserve the right to change the provisions of this Terms at any time. We will do our best to alert you about any changes through the contact information available to us. We encourage you to review this Terms from time-to-time to make sure that you abide with the conditions.
To create an account and use the Services you should be 13 years of age or older and also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. To make a purchase on the Platform you should you should be above the age of majority in your jurisdiction.
If you are creating an account or using our Services on behalf of an entity, a company or an organization (“Entity”), then you must be a legal representative of that Entity with the authority to bind the Entity to these Terms.
Although certain features and/or content of Vlume Services are available at no charge to any user, other features and/or content may only be available to who agree to pay for a subscription plan ("Subscriber"). Any payment terms shared with you in the process of becoming a Subscriber are deemed part of these Terms.
OWNERSHIP & LICENSE
Unless otherwise indicated, the the Services and all content and other materials shared with you, including, but not limited to, our logo, text, audio, video, graphics, pictures, information, data, software and other material ("Materials") are proprietary property of Vlume Inc or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Vlume Services solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality provided by Vlume Services. You also agree to view Content as made available through Vlume Service only in geographic locations where we offer such Content. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. This license to you will automatically terminate if you violate these Terms. As part of this license terms, no right, title or interest is transferred to you. As part of our Services we might cache encrypted content on your device , but you may not transfer copies of cached content to any other device.
We may provide functionality that enables you to post, upload, submit text, images, audio, video (“User Submissions”) to Vlume Service. You retain all of your ownership rights to your User Submissions.
By making those User Submissions available Vlume Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license under all intellectual property rights to use, reproduce, distribute, display, and perform such User Submissions, in whole or in part, in connection with our Services, including without limitation for promoting and redistributing part or all of the Vlume Service in any media formats and through any media channels, with or without attribution, and without further notice to you, in perpetuity. You also grant each user of Vlume Service a non-exclusive license to view your User Submission through the Vlume Service, and to use, reproduce, distribute, display and perform such User Submission as permitted through the normal functionality of the Vlume Service and these Terms in perpetuity. You understand that such User Submissions may be accessible by the public and we do not guarantee any confidentiality for such User Submissions.
Any submisions should follow the conduct conditions specificed in this terms. You also agree not to enforce any moral rights, ancillary rights or similar rights to any User Submissions against us and agree that you will be solely responsible for your User Submissions and the consequences of submitting and making available such User Submissions to the Vlume Service.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Submissions submitted to the Vlume Service, at any time and for any reason, including to confirm that the User Submissions are consistent with these terms, without prior notice to you. We do not endorse or guarantee the opinions, recommendations, or advice contained in any User Submission and we expressly disclaim any and all liability in connection with such content.
LINKS & APPLICATIONS
Vlume Service may contain links to third party websites or interact with third party applications that are not owned or controlled by the Vlume Service. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. We will have no responsibility or liability for any content, information, software, materials or practices of any third party application or website.
To help us offer a great experience for you and the rest of the Users, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Services any of the following:
- User Submissions that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner
- Material or User Submissions that contains adware, malware, spyware, 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
- Any material that would violate any local, state, national, or international law or regulation
- Any solicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- Material or User Submissions that is defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable
You further agree that you are solely responsible for your conduct while using our Services and you agree that you will not do any of the following:
- Launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. for data gathering or harming our Services performance
- Collect and store any Materials offered by our services outside Vlume Services
- Rent or lease your account
- Intentionally or unintentionally harm or disrupt our Services and/or underlying infrastructure
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
- Remove or hide any copyright, trademark, or other proprietary notations from any Content
- Attempt to decompile or reverse engineer any software or content offered through our Services
- Breach or circumvent any security or authentication measures
Vlume Service provides its users with access to Content streamed through the Internet to certain devices. The availability of these Content may change from time to time, and from geographic territory to territory. We do not guarantee that any Content will be available or remain available on our Service (including during any subscription period for a Subscription Member).
Vlume Services provided through iOS or Android devices has Apple Inc, Google Inc and other service providers as third-party beneficiaries to this agreement. These third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of Vlume Service. You agree that your access to the Vlume Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Vlume Service is probided on an "AS IS" and "AS AVAILABLE" basis. Vlume Inc and its affiliates disclaim all warranties of any kind, whether express or implied, with respect to the Vlume Service. You expressly agree that use of the Vlume service is at your sole risk.
We make no warranties about the accuracy or completeness of content available on or through the Vlume Service and assume no liability nor responsibility for any:
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Our Service
- Any interruption or cessation of transmission to or from theVlume Service
- Any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein
- Personal injury, property loss or damage, of any nature whatsoever, resulting from your access to or use of the Vlume Service
- Errors, mistakes, or inaccuracies of content
LIIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in no event will Vlume inc. or its officers, employees, directors, shareholders, subsidiaries, affiliates, agents, or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses resulting from your account’s use of Vlume Service.
You agree, at your sole expense, to defend, indemnify and hold Vlume Inc, our officers, employees, directors, shareholders, subsidiaries, affiliates, agents, or licensors, harmless from and against any and all suits, actions, law or equity proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by, arising out of, resulting from, attributable to or in any way incidental to:
- Your violation of the Terms or your violation of the rights of any third party
- Your conduct
- Your use of the Services
These Terms shall be construed and enforced in accordance with the laws of the State of New York without regard to any choice of law or conflict of laws principles, regardless of where you live.
Your right to use Vlume Service automatically terminates if you violate these Terms. We reserve the right, in our sole discretion, to terminate your access to all or part of the Vlume Service, for any reason, with or without notice.
Questions or comments about Vlume Services may be directed to us at email@example.com