Terms of Service and Use
THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THIS SITE, YOU ARE ACCEPTING THE TERMS OF USE AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST US, WITH A FEW EXCEPTIONS, YOU AGREE THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS.
Governing Law, Jurisdiction, Venue, and Jury Trial Waiver: Any claim relating to your use of the Site and this Agreement is subject to exclusive jurisdiction and venue in the state or federal courts in the State of California. California laws apply.
The Site is designed and targeted to audiences residing in and is governed by and operated in accordance with the laws of, the United States of America, its territories, and possessions ("U.S."). You must be at least 18 years of age or older ("Site Minimum Age") to use this Site. If you are not yet the Site Minimum Age or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age and meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you, on the one hand, and V-Apps, on the other hand. In this Agreement, the term "Site" includes all websites and web pages within or associated with the Site (such as third-level domain names and other subdomains) as well as any equivalent, mirror, replacement, substitute, or backup websites and web pages and apps that are associated with the Site. By using this Site, you understand, acknowledge, and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and/or services that will be presented in conjunction with those products and/or services ("Additional Terms"), including, but not limited to, any terms that may be provided on the Site relating to the submission of content including but not limited to media, assets, information, reviews, and materials you submit for posting on the Site ("User Content Submission Agreement"), the rules of participation ("Rules") which govern certain activities and services such as voting (for example, see the Voting Rules as described below) and contests and sweepstakes and the Site Guidelines. The Site's Additional Terms and the Privacy Policy are hereby incorporated in this Agreement by reference. If there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any membership, service, or feature, you will still be bound by your obligations under this Agreement (including, but not limited to, the Privacy Policy and any Additional Terms), such as any indemnifications, warranties, and limitations of liability. The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or sites or any links that may direct your browser or your connection to third-party sites or pages. This is the entire and exclusive Agreement between you and us regarding the use of the Site and it cannot be modified, except as specifically described below in Section 3. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device, a mobile app, or any other technology or devices now known or hereafter developed or discovered (each, a "Device").
If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register (which are further described in our Privacy Policy): Site registration and Third Party Sign-On (as described in our Privacy Policy). In each case, you are required to either use a pre-existing user name (which may be your email address) and password (together, your "User ID") or select a new unique User ID in order to access and use certain features or functions of the Site. We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which provides additional information on options we may provide to register on the Site and the information we collect, use, disclose, manage, and store. Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns. To keep our platform tidy, we remove inactive signups after 30 days of not finishing signing up.
We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement without advance notice to you. Once we post them on the Site, these changes become effective immediately and, if you use the Site after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and regularly review the terms and conditions of this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
The contents of this Site, including but are not limited to all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks, and trade names (individually and/or collectively, "Material"), are the property of V-Apps, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations, and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of V-Apps or its owner if V-Apps is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. We take the protection of copyrights, both our own and others, very seriously. We, therefore, employ multiple measures to prevent copyright infringement on this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy. V-Apps does not hold a patent for the process of soliciting/collecting/displaying content since this is an abstract idea that nobody invented.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction, and participation are strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Your use of the Site is subject to all applicable laws, rules, and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts, and omissions that occur in, from, through, or under your username or password. You are also prohibited from using the Site (or attempting to use the Site, or allowing, enabling, or condoning others to use the Site) in a manner that: is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; discusses us or in a clearly false or misleading manner, is unrelated to our products or services, or includes personal information of individuals or trade secrets; discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; uses the Site for purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages other than the service provides; transmits, distributes, or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forges any TCP/IP packet header or part of the header information in any email, newsgroup posting, or another posting for any reason; violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gains or enables unauthorized access to the Site or any of its features or functions, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site; modifies, disrupts, impairs, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or the use and enjoyment of the Site by any other person, firm, or enterprise; collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site; or otherwise violates or is inconsistent with this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy.
If we offer certain e-Commerce to enable you to purchase goods and services through our Site (the "E-Commerce Service" or "Shop").CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO. In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end-users through a distribution method that uses the internet protocol are required to provide contact information to end-users for the receipt and handling of written closed captioning complaints. If you have a complaint regarding the Site's compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please contact us via the help page.
Your comments, suggestions, and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities, and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, "Posts" or "Postings"). If this Site provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions. You understand, acknowledge, and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name, and/or email address) upload, post, email, transmit or otherwise make available via the Site. Except for the licenses, authorizations, consents, and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on this Site), as comprehensive and broad as they may seem or actually be, V-Apps acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content. Postings do not reflect the views of V-Apps and V-Apps does not represent or guarantee the truthfulness, accuracy, or reliability of any Posting or endorse or support any opinions expressed in any Postings. V-Apps sometimes does not control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing, approving content before publishing and being displayed on our Site. V-Apps reserves the right to review, monitor, edit, and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to V-Apps, or for any reason or for no reason whatsoever; provided, however, that V-Apps shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge, and agree that we assume no responsibility for the deletion of Postings or any failure to store, receive, or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all of the terms of this Agreement, including, but not limited to, the Rules of Conduct. V-Apps may discontinue service of the Site without notice. We reserve the right to change, modify, or delete content if we find it against our Terms of Service, privacy policy, guidelines, or for whatever other reason we may find necessary to do so. If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize V-Apps to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and V-Apps’ exercise of the rights you grant to V-Apps to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) V-Apps shall not be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to V-Apps that (A) you have the right to grant V-Apps the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which may include, but not limited to, (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, V-Apps will reserve the right to request that you, and upon such request, you must deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. Upon the request of the Site or of V-Apps, you will promptly furnish any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements. Notwithstanding anything to the contrary, you also understand and agree that V-Apps shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), you may contact us via the help page (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. Registered users of this Site who are California residents and are under 18 years of age may request and obtain the removal of Postings on this Site that they themselves post by contacting us via the help page. All requests must be submitted with the "California Removal Request" as the subject line. All requests must provide a description of the content or information in your Posting that you want to be removed and information reasonably sufficient to permit us to locate the material, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email). We shall not accept requests via postal mail, telephone, fax, facsimile, or any other method other than email or messaging through the help page. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information. Please also note that any requests for removal do not ensure the complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party. See also Section 8 of our Privacy Policy regarding how you may delete certain Information.
From time to time, V-Apps and/or its Advertisers, operational service providers, and suppliers may conduct promotions on or through the Site, including, but not limited to, auctions, contests, and sweepstakes ("Promotions"). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion and/or other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.
The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, photos, and other content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video, and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is Material and subject to all of the terms of this Agreement, even though you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds, and associated Content. By your access to and use of RSS Feeds, you understand, acknowledge, and agree that V-Apps does not warrant that its RSS Feeds will operate on all Devices. Please see the "Disclaimer and Limitations of Liability" section below for further details. If V-Apps offers products and services through applications available on your wireless or other mobile devices (such as a mobile phone) (the "Mobile Application Services"), such as applications you download or text messaging services, these Terms. These Mobile Application Services may be provided at no charge to you or may be available for a fee. In addition, your wireless carrier's standard messaging rates and other messaging, data, and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned. Under no circumstances will V-Apps be responsible for any wireless service charges incurred by you or by a person who has access to your wireless device, telephone number, or email address using any Mobile Application Services. There may be portions of our Site, content, functionality, or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can change how, to whom, and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features, you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
If this Site offers user registration and you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by contacting us via the help page. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you, and without any liability or further obligation of any kind whatsoever to you or any other party. Deletion of your user profile may or may not delete your public profile. See our Privacy Policy for more information about the deactivation or termination of accounts by parents or legal guardians if you have not yet reached the age of majority where you live.
You agree to indemnify, defend, and hold the Site, V-Apps, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you. V-Apps reserves the right to assume, at its sole expense, the exclusive defense, and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with V-Apps in the defense of any such claim, action, settlement or compromise negotiations, as requested by V-Apps.
Your Device may cause some glitches that affect how you see our Site -- and that is beyond our control. If you experience any unusual behavior, content, or ads on the Site, it may be the result of Malware on your computer. Malware -- short for malicious software -- is a term used to broadly classify a form of software that is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs, and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit. We suggest that you take actions (such as installing reputable third-party antivirus software) that may help to clean your Device and which could monitor or prevent future installations of Malware. Please note that we cannot be responsible for the effects of any third-party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us via the help page.
We respect your privacy and the use and protection of your Information. Please see our Privacy Policy, for important information and disclosures relating to the collection and use of your Information in connection with your use of the Site.
Binding Arbitration and Exclusions from Arbitration.EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS BETWEEN YOU AND V-APPS WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. You and V-Apps agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or V-Apps, except that you and V-Apps agree that the following will not be subject to the mandatory arbitration provisions in this: (A) any Claim filed by you or V-Apps with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, V-Apps, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Site and/or (B) you or V-Apps may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in connection with any Claim whereby you or V-Apps, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate, where such Claim will not be subject to the informal dispute resolution procedures described below; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with Section 19. You and V-Apps agree that this Agreement affects interstate commerce and that the enforceability of Section 19 will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 ("FAA"). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys' fees). "Claim(s)" means any dispute, claim or controversy by or between you and/or V-Apps relating to the Site and/or this Agreement (including, but not limited to, this Site's Privacy Policy and all Additional Terms, Rules, regulations, procedures, and policies which we refer to in this Agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims. Except with respect to Claims described above, before either you or V-Apps pursue or participate in any Claim against the other party in arbitration or court proceedings, you or V-Apps must notify the other party of the Claim in writing at least 90 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to V-Apps via the email address below, Subject Line: V-Apps General Counsel. V-Apps may send written or electronic notice of its Claim to your email address on file, V-Apps account or any physical or other address V-Apps has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to the claims described above, you and V-Apps agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and V-Apps do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth above. In the event that the Parties are unable to resolve any Claim informally, then such Claim shall be submitted to final and binding arbitration. If you initiate the arbitration proceedings, you must send a copy of any initiating forms to V-Apps, which should be sent to V-Apps at the email address below, Subject Line: V-Apps General Counsel. The parties agree that the costs of the arbitration (excluding attorney’s fees) will be shared pro-rata to the extent permitted by law, except you agree to reimburse V-Apps for all fees associated with the arbitration (including attorneys fees) paid by V-Apps in the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious. The arbitration shall be conducted before a single neutral arbitrator is appointed in accordance with the Arbitration Rules. The arbitrator shall follow California substantive law and the Federal Rules of Evidence in adjudicating the Dispute. In all cases, you and V-Apps shall exchange documents and other information that you or V-Apps intend to use in the arbitration. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct, or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following an appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Ventura County. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision. YOU AND V-APPS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and V-Apps expressly agree that any Claim is personal to you and V-Apps, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described above in this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described above in this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described above in this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and V-Apps, then this Agreement to arbitrate will be unenforceable. Neither you nor V-Apps consent to class arbitration. IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, YOU MUST STOP USING THE SITE IMMEDIATELY. If you continue using the Site, you will not be deemed to have not opted out of the mandatory arbitration and class action waiver. GOVERNING LAW, JURISDICTION, VENUE, AND JURY TRIAL WAIVER. With the exception of the provision above that the enforceability of Section 19 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed, and enforced in accordance with the laws of the State of California (without regard to that state's conflict of laws rules). You or V-Apps shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) V-Apps may request to transfer the arbitration to Ventura County, California if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Ventura County, California or (ii) if you do not agree to such request, V-Apps shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and V-Apps agree that any Claim that is allowed to proceed in court as set forth above in this Agreement or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the State of California. To the extent it may be applicable, you and V-Apps agree to opt-out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND V-Apps WAIVE ANY RIGHT TO A JURY TRIAL.
This Agreement, together with any Additional Terms, our Privacy Policy, and any other regulations, procedures, and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action relating to this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The laws and regulations of the U.S. restrict the export and re-export of certain technology and you agree not to use, export, or re-export any Material relating to the Site in violation of those laws and regulations. The section titles in this Agreement are for convenience only and do not have any legal effect. If you would like to cancel a subscription, you may need to cancel it manually, even if you delete your account. For iOS, please follow Apple's instructions which can be found here - https://support.apple.com/en-us/118428 -
By using our services, you also agree to Apple's Terms of Use (EULA) which can be found here - https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Governing Law, Jurisdiction, Venue, and Jury Trial Waiver: Any claim relating to your use of the Site and this Agreement is subject to exclusive jurisdiction and venue in the state or federal courts in the State of California. California laws apply.
The Site is designed and targeted to audiences residing in and is governed by and operated in accordance with the laws of, the United States of America, its territories, and possessions ("U.S."). You must be at least 18 years of age or older ("Site Minimum Age") to use this Site. If you are not yet the Site Minimum Age or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age and meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you, on the one hand, and V-Apps, on the other hand. In this Agreement, the term "Site" includes all websites and web pages within or associated with the Site (such as third-level domain names and other subdomains) as well as any equivalent, mirror, replacement, substitute, or backup websites and web pages and apps that are associated with the Site. By using this Site, you understand, acknowledge, and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and/or services that will be presented in conjunction with those products and/or services ("Additional Terms"), including, but not limited to, any terms that may be provided on the Site relating to the submission of content including but not limited to media, assets, information, reviews, and materials you submit for posting on the Site ("User Content Submission Agreement"), the rules of participation ("Rules") which govern certain activities and services such as voting (for example, see the Voting Rules as described below) and contests and sweepstakes and the Site Guidelines. The Site's Additional Terms and the Privacy Policy are hereby incorporated in this Agreement by reference. If there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any membership, service, or feature, you will still be bound by your obligations under this Agreement (including, but not limited to, the Privacy Policy and any Additional Terms), such as any indemnifications, warranties, and limitations of liability. The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or sites or any links that may direct your browser or your connection to third-party sites or pages. This is the entire and exclusive Agreement between you and us regarding the use of the Site and it cannot be modified, except as specifically described below in Section 3. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device, a mobile app, or any other technology or devices now known or hereafter developed or discovered (each, a "Device").
If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register (which are further described in our Privacy Policy): Site registration and Third Party Sign-On (as described in our Privacy Policy). In each case, you are required to either use a pre-existing user name (which may be your email address) and password (together, your "User ID") or select a new unique User ID in order to access and use certain features or functions of the Site. We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which provides additional information on options we may provide to register on the Site and the information we collect, use, disclose, manage, and store. Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns. To keep our platform tidy, we remove inactive signups after 30 days of not finishing signing up.
We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement without advance notice to you. Once we post them on the Site, these changes become effective immediately and, if you use the Site after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and regularly review the terms and conditions of this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
The contents of this Site, including but are not limited to all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks, and trade names (individually and/or collectively, "Material"), are the property of V-Apps, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations, and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of V-Apps or its owner if V-Apps is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. We take the protection of copyrights, both our own and others, very seriously. We, therefore, employ multiple measures to prevent copyright infringement on this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy. V-Apps does not hold a patent for the process of soliciting/collecting/displaying content since this is an abstract idea that nobody invented.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction, and participation are strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Your use of the Site is subject to all applicable laws, rules, and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts, and omissions that occur in, from, through, or under your username or password. You are also prohibited from using the Site (or attempting to use the Site, or allowing, enabling, or condoning others to use the Site) in a manner that: is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; discusses us or in a clearly false or misleading manner, is unrelated to our products or services, or includes personal information of individuals or trade secrets; discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; uses the Site for purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages other than the service provides; transmits, distributes, or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forges any TCP/IP packet header or part of the header information in any email, newsgroup posting, or another posting for any reason; violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gains or enables unauthorized access to the Site or any of its features or functions, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site; modifies, disrupts, impairs, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or the use and enjoyment of the Site by any other person, firm, or enterprise; collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site; or otherwise violates or is inconsistent with this Agreement, including, but not limited to, any Additional Terms and the Privacy Policy.
If we offer certain e-Commerce to enable you to purchase goods and services through our Site (the "E-Commerce Service" or "Shop").CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO. In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end-users through a distribution method that uses the internet protocol are required to provide contact information to end-users for the receipt and handling of written closed captioning complaints. If you have a complaint regarding the Site's compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please contact us via the help page.
Your comments, suggestions, and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities, and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, "Posts" or "Postings"). If this Site provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions. You understand, acknowledge, and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name, and/or email address) upload, post, email, transmit or otherwise make available via the Site. Except for the licenses, authorizations, consents, and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on this Site), as comprehensive and broad as they may seem or actually be, V-Apps acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content. Postings do not reflect the views of V-Apps and V-Apps does not represent or guarantee the truthfulness, accuracy, or reliability of any Posting or endorse or support any opinions expressed in any Postings. V-Apps sometimes does not control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing, approving content before publishing and being displayed on our Site. V-Apps reserves the right to review, monitor, edit, and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to V-Apps, or for any reason or for no reason whatsoever; provided, however, that V-Apps shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge, and agree that we assume no responsibility for the deletion of Postings or any failure to store, receive, or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all of the terms of this Agreement, including, but not limited to, the Rules of Conduct. V-Apps may discontinue service of the Site without notice. We reserve the right to change, modify, or delete content if we find it against our Terms of Service, privacy policy, guidelines, or for whatever other reason we may find necessary to do so. If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize V-Apps to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and V-Apps’ exercise of the rights you grant to V-Apps to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) V-Apps shall not be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to V-Apps that (A) you have the right to grant V-Apps the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which may include, but not limited to, (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, V-Apps will reserve the right to request that you, and upon such request, you must deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. Upon the request of the Site or of V-Apps, you will promptly furnish any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements. Notwithstanding anything to the contrary, you also understand and agree that V-Apps shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), you may contact us via the help page (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. Registered users of this Site who are California residents and are under 18 years of age may request and obtain the removal of Postings on this Site that they themselves post by contacting us via the help page. All requests must be submitted with the "California Removal Request" as the subject line. All requests must provide a description of the content or information in your Posting that you want to be removed and information reasonably sufficient to permit us to locate the material, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email). We shall not accept requests via postal mail, telephone, fax, facsimile, or any other method other than email or messaging through the help page. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information. Please also note that any requests for removal do not ensure the complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party. See also Section 8 of our Privacy Policy regarding how you may delete certain Information.
From time to time, V-Apps and/or its Advertisers, operational service providers, and suppliers may conduct promotions on or through the Site, including, but not limited to, auctions, contests, and sweepstakes ("Promotions"). Each Promotion may have Additional Terms, such as the rules governing any voting relating to a Promotion and/or other rules relating to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are Additional Terms and will be deemed incorporated into and form a part of this Agreement.
The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, photos, and other content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video, and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is Material and subject to all of the terms of this Agreement, even though you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds, and associated Content. By your access to and use of RSS Feeds, you understand, acknowledge, and agree that V-Apps does not warrant that its RSS Feeds will operate on all Devices. Please see the "Disclaimer and Limitations of Liability" section below for further details. If V-Apps offers products and services through applications available on your wireless or other mobile devices (such as a mobile phone) (the "Mobile Application Services"), such as applications you download or text messaging services, these Terms. These Mobile Application Services may be provided at no charge to you or may be available for a fee. In addition, your wireless carrier's standard messaging rates and other messaging, data, and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned. Under no circumstances will V-Apps be responsible for any wireless service charges incurred by you or by a person who has access to your wireless device, telephone number, or email address using any Mobile Application Services. There may be portions of our Site, content, functionality, or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can change how, to whom, and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features, you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
THIRD-PARTY SITES
If this Site offers user registration and you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by contacting us via the help page. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you, and without any liability or further obligation of any kind whatsoever to you or any other party. Deletion of your user profile may or may not delete your public profile. See our Privacy Policy for more information about the deactivation or termination of accounts by parents or legal guardians if you have not yet reached the age of majority where you live.
You agree to indemnify, defend, and hold the Site, V-Apps, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you. V-Apps reserves the right to assume, at its sole expense, the exclusive defense, and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with V-Apps in the defense of any such claim, action, settlement or compromise negotiations, as requested by V-Apps.
Your Device may cause some glitches that affect how you see our Site -- and that is beyond our control. If you experience any unusual behavior, content, or ads on the Site, it may be the result of Malware on your computer. Malware -- short for malicious software -- is a term used to broadly classify a form of software that is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs, and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit. We suggest that you take actions (such as installing reputable third-party antivirus software) that may help to clean your Device and which could monitor or prevent future installations of Malware. Please note that we cannot be responsible for the effects of any third-party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us via the help page.
We respect your privacy and the use and protection of your Information. Please see our Privacy Policy, for important information and disclosures relating to the collection and use of your Information in connection with your use of the Site.
MEDIA OR INSTRUCTIONS USED:
Media, instructions, and descriptions provided on this site are for general informational or entertainment purposes only and are not intended as professional or medical advice, guidance, or instruction. V-Apps makes no representations or warranties regarding the accuracy, safety, or effectiveness of any depicted media or instructions. Users acknowledge that performing any activity carries inherent risks, including but not limited to, the risk of injury, strain, or other harm. By choosing to engage in any activities based on content found on this site, users assume all associated risks and agree that V-Apps, its owners, affiliates, employees, and content providers shall not be held liable for any injuries, damages, or losses resulting from reliance on or use of the provided content. We strongly encourage consulting with a qualified professional first before preforming any actions.Binding Arbitration and Exclusions from Arbitration.EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS BETWEEN YOU AND V-APPS WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. You and V-Apps agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or V-Apps, except that you and V-Apps agree that the following will not be subject to the mandatory arbitration provisions in this: (A) any Claim filed by you or V-Apps with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, V-Apps, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Site and/or (B) you or V-Apps may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in connection with any Claim whereby you or V-Apps, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate, where such Claim will not be subject to the informal dispute resolution procedures described below; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with Section 19. You and V-Apps agree that this Agreement affects interstate commerce and that the enforceability of Section 19 will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 ("FAA"). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys' fees). "Claim(s)" means any dispute, claim or controversy by or between you and/or V-Apps relating to the Site and/or this Agreement (including, but not limited to, this Site's Privacy Policy and all Additional Terms, Rules, regulations, procedures, and policies which we refer to in this Agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims. Except with respect to Claims described above, before either you or V-Apps pursue or participate in any Claim against the other party in arbitration or court proceedings, you or V-Apps must notify the other party of the Claim in writing at least 90 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to V-Apps via the email address below, Subject Line: V-Apps General Counsel. V-Apps may send written or electronic notice of its Claim to your email address on file, V-Apps account or any physical or other address V-Apps has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to the claims described above, you and V-Apps agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and V-Apps do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth above. In the event that the Parties are unable to resolve any Claim informally, then such Claim shall be submitted to final and binding arbitration. If you initiate the arbitration proceedings, you must send a copy of any initiating forms to V-Apps, which should be sent to V-Apps at the email address below, Subject Line: V-Apps General Counsel. The parties agree that the costs of the arbitration (excluding attorney’s fees) will be shared pro-rata to the extent permitted by law, except you agree to reimburse V-Apps for all fees associated with the arbitration (including attorneys fees) paid by V-Apps in the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious. The arbitration shall be conducted before a single neutral arbitrator is appointed in accordance with the Arbitration Rules. The arbitrator shall follow California substantive law and the Federal Rules of Evidence in adjudicating the Dispute. In all cases, you and V-Apps shall exchange documents and other information that you or V-Apps intend to use in the arbitration. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct, or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following an appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Ventura County. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision. YOU AND V-APPS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and V-Apps expressly agree that any Claim is personal to you and V-Apps, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described above in this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described above in this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described above in this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and V-Apps, then this Agreement to arbitrate will be unenforceable. Neither you nor V-Apps consent to class arbitration. IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, YOU MUST STOP USING THE SITE IMMEDIATELY. If you continue using the Site, you will not be deemed to have not opted out of the mandatory arbitration and class action waiver. GOVERNING LAW, JURISDICTION, VENUE, AND JURY TRIAL WAIVER. With the exception of the provision above that the enforceability of Section 19 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed, and enforced in accordance with the laws of the State of California (without regard to that state's conflict of laws rules). You or V-Apps shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) V-Apps may request to transfer the arbitration to Ventura County, California if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Ventura County, California or (ii) if you do not agree to such request, V-Apps shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and V-Apps agree that any Claim that is allowed to proceed in court as set forth above in this Agreement or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the State of California. To the extent it may be applicable, you and V-Apps agree to opt-out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND V-Apps WAIVE ANY RIGHT TO A JURY TRIAL.
This Agreement, together with any Additional Terms, our Privacy Policy, and any other regulations, procedures, and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action relating to this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The laws and regulations of the U.S. restrict the export and re-export of certain technology and you agree not to use, export, or re-export any Material relating to the Site in violation of those laws and regulations. The section titles in this Agreement are for convenience only and do not have any legal effect. If you would like to cancel a subscription, you may need to cancel it manually, even if you delete your account. For iOS, please follow Apple's instructions which can be found here - https://support.apple.com/en-us/118428 -
You can contact V-Apps by emailing [email protected]
SITE AND MESSAGING GUIDELINES:
These are the official guidelines ("Site Guidelines") for V-Apps, an application, or other interactive services ("Site"). The Site is owned, operated, and/or provided by V-Apps ("we," "us," or "our"). These Site Guidelines are a part of, and an additional term under, our Terms of Use Agreement. V-Apps provides a destination for users to create their own profile pages. Our mission is to provide a safe forum for sharing experiences to help fellow users. Some features mentioned in these guidelines may not be active on the site.REPORTING DANGEROUS OR ILLEGAL BEHAVIOR:
V-Apps is NOT the place to report dangerous, illegal, or illicit behavior. If you or another party is in danger, we strongly advise you to report such incidents directly to the authorities or local law enforcement.HOW WE WORK:
V-Apps has a team of moderators who review every rating submitted. We have established guidelines to reinforce our mission and ensure that moderation decisions are 100% consistent. Our moderators are experts in these guidelines and will remove any content that does not comply. If you believe inappropriate content should be removed, you may flag it for re-review. Flagged content will be escalated to our moderators, who will determine whether to remove it permanently. Moderators will never edit a rating to make it comply, nor will they remove a rating simply because it is low or negative.GUIDELINES FOR CONTENT:
Content fueled by anger does not reflect well on the author and may be removed for violations such as profanity. Take a moment to ensure your content genuinely helps others understand your experience. V-Apps reserves the right to remove ratings that do not contain substantive comments.Spamming or dogpiling an account will lead to comment removal and account suspension until further review. When reading content from fellow users, use discretion and weigh every piece of content among others. Online content should be one of many resources used when making decisions about your project.- Profanity, name-calling, or vulgarity
- Derogatory remarks about religion, ethnicity, race, gender, physical appearance, age, or disabilities (unless such attributes specifically impacted your project, e.g., dishonesty about qualifications)
- Identifiable personal information about users that would allow someone to contact them
- References to a user’s family, personal life, or sex life, including sexual innuendos
- Accusations that a user is biased for or against another user or group
- Claims about employment status, including previous employment
- Allegations of illegal activity
- References to deleted content that was previously removed by moderators
- False accusations of a user communicating with themselves or their colleagues
- Content in languages other than English (V-Apps only supports English)
- Hyperlinks and URLs
If you see a rating that violates these Site Guidelines, please flag it (if this feature is live). The flagged content will be evaluated by site personnel. Do not flag a rating simply because you disagree with it.
RESERVATION OF RIGHTS:
V-Apps reserves the right to remove any content, including but not limited to:- Inappropriate, libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit, or sexually suggestive content
- Racially, culturally, or ethnically offensive content
- Harassing, intimidating, threatening, hateful, or abusive content
- Content impersonating others or violating the Terms of Use Agreement
- Threaten violence or bodily harm
- Target individuals, including but not limited to notifying authorities of the user's IP address and time of communication
COMMUNICATION:
To ensure a positive experience for all users, content in chat and messaging features must comply with all policies and guidelines. V-Apps' messaging and chat feature policies are designed to help users and businesses connect meaningfully. Messages must not contain promotional content unless explicitly requested by the recipient. Users are encouraged to respond to messages promptly.- Threats leading to death, serious injury, or violence
- Calls to action for violence or harm
- Content inciting physical harm, threats, or abuse
- Misinformation contributing to imminent violence
- Solicitation of illegal goods or services
- Explicit or sexual content unless shared in an appropriate and legal context
- Hate speech, discrimination, or harassment
V-Apps works with law enforcement when serious threats are identified. We evaluate threats based on language, context, and intent to distinguish casual statements from genuine threats.
- Bullying, Harassment, or Hate Speech:
- Attacking individuals based on protected characteristics
- Encouraging mass harassment
- Mocking victims of crimes or violent events
- Illegal or Harmful Activities:
- Threats of violence, terrorism, or criminal activity
- Fraudulent schemes, phishing, or impersonation
- Human exploitation, child endangerment, or trafficking
- Misrepresentation & Manipulation:
- Spreading misinformation to deceive users
- Coordinating fake reviews, engagement, or inauthentic activity
- Using multiple accounts to mislead users
- Unauthorized Data Collection & Privacy Violations:
- Sharing personal financial or medical information
- Posting private addresses, phone numbers, or other sensitive data
- Selling, trading, or exchanging user information
- Graphic & Explicit Content:
- Content depicting self-harm, suicide, violence, or abuse
- Non-consensual intimate images (revenge porn)
- Pornography or sexual solicitation
ENFORCEMENT:
- Content Removal: Any content violating these guidelines will be removed.
- Account Suspension: Repeated violations may result in account restrictions.
- Legal Action: In cases of serious threats, illegal activity, or defamation, we may report users to authorities.