Terms of Service
Effective Date: July 18, 2024
Data Controller Contact Information:
These Terms and Conditions (referred to as “Terms”) apply to all users and individuals who register with, access, or use (“Use” and “Users” “you”, as applicable) Vuzo.com (“Website”).
These Terms represent a binding agreement between you and us. By accepting these Terms, you acknowledge and agree to them on behalf of yourself or the entity you represent regarding the use of our Website. If you are using our Website on behalf of another person or entity, you confirm that you are authorized to accept these Terms on their behalf and that such person or entity will be held accountable if you or they violate these Terms.
By using our Website, you are indicating your acceptance of these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), please refrain from using our Website. Your continued use of our Website implies your acceptance of these Terms.
If you have any questions regarding these Terms, please contact us (for contact information, please refer to the Contact Us section).
Eligibility, User Accounts, and Account Security
To access our Website and Products, you must register as a Member. Your Membership is not transferable or assignable and is invalid where prohibited.
Age Limitation: You must be at least 16 years old to use our Website. If you are under 16 (or the legal age of majority where you reside), you may only use our Website under the supervision of a parent or legal guardian who agrees to these Terms. As a parent or legal guardian, you assume full responsibility for the actions of any User under the age of 16 (or the legal age of majority).
Age Limitation for the European Economic Area (“EEA”) Residents: Due to (“GDPR”) requirements, residents of the European Economic Area must be at least 16 years old to use our Website. We do not permit residents under 16 to use our Website to the extent prohibited by applicable law. If you know of anyone under 16 using our Website, please contact us (for contact information, see Contact Us section), and we will take steps to prevent their access.
You affirm that you have the authority to enter into this agreement without violating any other agreements and that you have not been previously suspended or banned from using our Website. You agree to use our Website in compliance with all applicable laws. Our Website is not available to Users previously prohibited from using it.
Certain features or functionalities of our Website, as determined solely by us, may require you to create an account (“Account”). By creating an Account, you agree to: (i) provide accurate, up-to-date, and complete information for your Account, (ii) promptly update your Account information as necessary, (iii) maintain the security of your Account login information, (iv) be responsible for any acts or omissions of third parties authorized to use our Website on your behalf, and (v) notify us immediately of any suspected security breaches related to your Account. You are solely responsible for maintaining the confidentiality of your Account login information and for all activities conducted under your Account. We are not liable for any loss or damage resulting from your failure to comply with these requirements.
You may register your Account using a valid account on the Website. By using a Third-Party Account to register your Account, you grant our Website permission to access your Third-Party Account in accordance with the applicable terms and conditions governing your use of such Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Upon completing the registration process, you will receive a password enabling access to our Website and Products.
Acceptance of Agreement
This Agreement is between you and Telecom.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE USING, ACCESSING, AND/OR BROWSING OUR WEBSITE. YOUR USE, ACCESS, OR BROWSING OF OUR WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND CEASE FURTHER USE, ACCESS, AND BROWSING.
Except as expressly stated, this Agreement constitutes the entire and sole Agreement between you and Telecom and supersedes any other agreements, representations, warranties, and understandings concerning our Website, Products, and related matters. However, you may be required to agree to additional terms and conditions to use our Website and Products, which will be considered part of this Agreement unless otherwise stated.
Privacy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information about you during your use of our Website. The transfer and storage of your information while using our Website are governed by our Privacy Policy. By using our Website, you acknowledge and agree to abide by our Privacy Policy. If you do not agree to all terms of this Agreement, including the Privacy Notice, do not use our Website or Products.
User Content
Our Website may allow you to upload, edit, create, store, and share photos and/or files (“User Content”). Except for the Company License granted below, you retain all rights to your User Content, as between you and us.
You grant us a perpetual, revocable, non-exclusive, royalty-free, worldwide, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, translate, create derivative works from, and distribute your (“User Content”), without additional compensation to you and subject to your explicit additional consent for such use as required by applicable law and as stated in our Privacy Policy (the “Company License”). The Company License is strictly for the purpose of operating, developing, providing, and improving the Website and researching, developing, and enhancing our existing and new products, including the Website, unless you have provided explicit additional consent for a different purpose as required by applicable law.
You grant us permission to use your User Content, even if it includes the identity of an individual, to the extent necessary to indicate their identity. You acknowledge and agree that our use of your User Content will not cause harm to you or any person authorized to act on your behalf.
You represent and warrant that: (i) you own the rights to the User Content you stylize on or through our Website, or have the rights to grant the rights and licenses described in these Terms; (ii) you agree to pay all royalties, fees, and other sums owed by reason of the User Content you stylize on or through our Website; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not upload, edit, create, store, or share any User Content that violates these Terms or to which you do not have all necessary rights to grant us the Company License described above.
We are not responsible for any changes, suspensions, or discontinuations of the Website, or for the loss of any User Content.
Prohibited Conduct and Content
You will not violate any applicable contract, intellectual property law, or any other applicable law or third-party rights (including our rights), or commit any torts, and you are solely responsible for your conduct while using our Website. You represent, warrant, and agree that you will not use our Website to upload User Content or otherwise engage in any of the following conduct (including any attempts to perform any of the following):
Limited License; Copyright and Trademark
Our Website and its text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, and user-generated tools, as well as other content contained therein (collectively, the “Website Content”) (and any intellectual property rights thereto) are owned by us or licensed to us and are protected under both U.S. and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, retain all rights, title, and interests (including all intellectual property rights) in and to the Website and the Website Content. Your use of the Website Content is always subject to these Terms and any Supplemental Terms that we may communicate to you from time to time, such as terms from our licensors (collectively referred to as “Supplemental Terms”). These Supplemental Terms are incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and the Supplemental Terms, the latter shall govern. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Website and the Website Content for your personal use (“User License”); however, this User License is subject to these Terms and any applicable Supplemental Terms and does not include the right to: (i) sell, resell, or commercially use our Website or the Website Content; (ii) copy, reproduce, distribute, publicly perform, or publicly display the Website Content, except as expressly permitted by us or our licensors; (iii) modify the Website Content, remove any proprietary notices or markings, or make any derivative uses of the Website or the Website Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots, or similar data gathering or extraction methods; or (v) use our Website or the Website Content except as expressly provided in these Terms and the Supplemental Terms. Any use of our Website or the Website Content not specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate the User License granted under these Terms and any applicable Supplemental Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the (“The Website Content”).
In-App Purchases and Subscriptions
The Website may offer virtual services or tools for a fee through in-app purchases (“Purchased Content”). You can use Purchased Content only if you are at least 16 years old (or the age of legal majority in your jurisdiction if different), for personal, non-commercial use only. This use is limited, non-transferable, non-sublicensable, and revocable. We reserve the right to manage, regulate, control, modify, or remove Purchased Content at any time, especially with subscriptions after a specified period. Once Purchased Content becomes available to you, our obligations to provide it are considered fulfilled. We do not guarantee its availability or continued support beyond the terms of the respective subscription. Despite any contrary provisions herein and unless required by law, you acknowledge that we have no obligation to refund Purchased Content for any reason. You will not receive any compensation or reimbursement for unused Purchased Content, regardless of whether the loss was intentional or accidental.
For Apple or Google LLC in-app subscriptions, we cannot view, access, or modify financial transactions due to security and privacy reasons. Please contact Apple or Google LLC support directly for refund requests related to your subscription.
Copyright Infringement
We respect copyright owners’ rights and will respond to valid copyright infringement notices under applicable law. If you believe material on The Website infringes your copyright, submit a DMCA Notice including specific details as outlined under the Digital Millennium Copyright Act.
Feedback
We appreciate your feedback on The Website. By submitting Feedback, you agree it becomes our exclusive property with all rights, including intellectual property rights. We can freely use and share your Feedback for any purpose without compensating you.
Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates from any claims arising from your use of The Website, User Content, or violation of these Terms.
Limitation of Liability
We and our affiliates are not liable under any legal theory for indirect, consequential, exemplary, incidental, punitive, or special damages, including lost profits. Our total liability for any claim related to these Terms or The Website is limited to the amount you paid to use our Website or $10 USD if you had no payment obligations.
Release
You release us and our affiliates from all liability arising from disputes between users or third-party acts or omissions, to the fullest extent permitted by law.
Governing Law and Venue
These Terms are governed by the laws of Trenton, New Jersey, without regard to conflict of law rules. Disputes not subject to arbitration will be resolved in state or federal courts in Santa Clara County, California.
Changes to These Terms
We may update these Terms, and the updated version will be effective immediately upon posting. Your continued use of The Website confirms your acceptance of the changes.
Electronic Communications
You consent to receive communications from us electronically. This includes notices about The Website, Purchased Content, and other updates. You can opt out of promotional emails or push notifications at any time.
Termination
We reserve the right to terminate your access to The Website without notice for excessive use of tokens or violation of these Terms. Upon termination, you must cease using The Website and delete any obtained information.
Additional Terms Applicable to IOS Devices
If you use our Website on an iOS device, certain additional terms apply, including acknowledgment that these Terms are between you and us, not Apple.
How to Contact Us
If you have any questions, complaints or claims with respect to these Terms or The Website, please contact us via email at support@vuzo.com or our mailing address:
Miscellaneous
These Terms constitute the entire agreement between you and us regarding The Website, replacing any prior agreements. The English language version of these Terms prevails. Any waiver of rights must be in writing. If any provision is deemed invalid, the remaining provisions remain in effect.