TERMS OF USE

1. READ THIS

This Terms of Use Agreement (Agreement) is made by and between WeVoo, Inc.  (hereinafter “WeVoo”), a New Jersey corporation, with offices at 121 Newark Ave, 5th Floor, Jersey City, New Jersey 07302, and you the user (you, your or User).

This Agreement contains the complete terms and conditions that govern the use of the WeVoo website(s) and mobile software applications (collectively, the “Site”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF OUR WEBSITE, OR OTHER WeVoo SOFTWARE, DOWNLOADABLE SOFTWARE APPLICATIONS, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE. WeVoo RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT WeVoo’ DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO http://www.wevoo.com.

2. ACCESS TO THIS SITE

To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If WeVoo believes the information you provide is not correct, current, or complete, WeVoo has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.

3. APPLICABLE USE OF SITE

You may use this Site for purposes expressly permitted by this Site. As a condition of your use of WeVoo’ Sites, you warrant to WeVoo that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

4. NO CO-BRANDING OR FRAMING

You may not use or authorize any party to co-brand, or frame any WeVoo websites without the express prior written permission of an authorized representative of WeVoo. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, “framing” refers to displaying any WeVoo webpage within a bordered area of another website, regardless of whether the address of the originating WeVoo website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from WeVoo.

5. NO UNLAWFUL ACCESS

In addition, you agree that you will not use WeVoo’ Sites in any manner that could in any way disable, overburden, damage, or impair the Sites or otherwise interfere with any other party’s use and enjoyment of the Sites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Sites.

6. PERSONAL AND NON-COMMERCIAL USE LIMITATION

WeVoo’s Sites are for your personal and non-commercial use, unless otherwise specified. You may not use any WeVoo Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of WeVoo, except as may otherwise be provided for herein or on the Site. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to WeVoo’s Sites.

7. PROPRIETARY INFORMATION

All content found on the WeVoo Sites (the “Content”) is considered the copyrighted and trademarked intellectual property of WeVoo, or of the party that created and/or licensed the Content to WeVoo. No rights or title to any of the works contained on any WeVoo Site shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of WeVoo, except that you may print out and/or save a copy of the Content for personal use.   You are hereby granted a limited, nonexclusive and non-sublicensable license to access and use the Services and Content, provided that such license expressly excludes the rights to: (a) distribute, publicly perform or publicly display the Content; (b) modify or make derivative uses of the Content or any portion thereof; (c) utilize scraping, data mining or other similar data gathering/extraction methods; (d) storing any Content, except as expressly permitted through the intended uses permitted herein; (e) access WeVoo’s API in any manner except as permitted with WeVoo software, or; (f) using the Services or viewing the Content for other than their intended purposes.

8. SUBMISSIONS

You hereby grant to WeVoo a royalty-free, perpetual, transferable, sublicenseable, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to WeVoo through this Site, including but not limited to text, video, sound and photographs (hereinafter, collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that WeVoo will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future WeVoo operations or business.  You understand that no use of your Submissions or any other material or data you provide to us shall entitle you to receive any compensation from WeVoo or any other companies, organizations, or individuals, unless otherwise provided herein or permitted by WeVoo from time to time.

9. HYPERLINKING

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, WeVoo. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or WeVoo. WeVoo has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a WeVoo Site to another web page should be accessed at the User’s own risk. WeVoo makes no representations or warranties about the content, completeness, quality or accuracy of any such website.

10. USE OF COMMUNICATION SERVICES

WeVoo’s Sites may contain video upload forums, chat rooms, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to record, upload, send and receive your Submissions that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, upload, send, submit, publish, or transmit in connection with this Site, or cause to be posted, uploaded, sent, submitted, published or transmitted, any material or Submissions that:

(i)    you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(ii)   advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

(iii)   is vulgar, obscene, pornographic, or indecent;

(iv)   threatens or abuses others; (v) is libelous or defamatory towards others;

(vi)   is racist, abusive, harassing, threatening or offensive;

(vii)   seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(viii)   harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(ix)   impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(x)   falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);

(xi)   advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this Site;

(xii)   solicits funds, advertisers or sponsors for any purpose;

(xiii)   includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;

(xiv)   disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this Site;

(xv)   amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;

(xvi)   disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site;

(xvii)  violates any applicable law or regulation; or

(xviii)   contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any Submissions uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither WeVoo nor any third party that provides Content to WeVoo will assume or have any liability for any action made by WeVoo or such third party with respect to any Submission.

You acknowledge that Content uploaded to the Site by other users may be inaccurate, offensive, or objectionable, and, with respect to such Content, you hereby waive any legal or equitable rights or remedies you have against WeVoo with respect to such Content, and you agree to indemnify and hold harmless WeVoo, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.

You understand that you are responsible for all data charges you incur by using the Services.  Furthermore, your use of the Services will not: (a) compromise the security of the Services; (b) reverse engineer any aspects of the Services or otherwise circumvent restrictions you’re your access to any area, content or code used within the Services; (c) use another user’s account without authorization; (d) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (e) capture data, images, video or sound recordings of another with the Services without the party’s consent, or; (f) develop any third-party applications that interact with the Services without prior written consent from WeVoo.

11. RIGHT TO TERMINATE ACCESS

WeVoo reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information, Submissions or materials, in whole or in part, at its sole discretion. WeVoo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

12. DISCLOSURE UNDER LAW

WeVoo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

13. PERSONALLY IDENTIFIABLE INFORMATION

WeVoo cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, WeVoo agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at http://www.wevoo.com.

14. DISCLAIMER & LIMITATIONS ON LIABILITY

You understand that WeVoo cannot and does not guarantee or warrant that files available for downloading from the WeVoo Sites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Site. WeVoo further disclaims any responsibility to ensure that the Content located on its Sites is necessarily complete and up-to-date.

While WeVoo makes reasonable efforts to present accurate and reliable information on the Site, WeVoo does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon Content or other information displayed or distributed through the Site, including but not limited to the Submissions made by other users, is at your sole risk.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WeVoo DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WeVoo DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY WeVoo SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WeVoo DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WeVoo MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WeVoo MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

WEVOO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION THOSE THAT MAY ARISE FROM: (A) LOSS OF REVENUE OR INCOME; (B) PAIN AND SUFFERING; (C) EMOTIONAL DISTRESS; (D) THE CONDUCT OF OTHER USERS OF THE SERVICES, YOUR ABILITY OR INABILITY TO USE THE SERVICES; (E) THE PROVISIONS OF THE SERVICES OR ANY CONTENT AVAILABLE THEREIN, OR; (F) SIMILAR DAMAGES, EVEN IF WEVOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WeVoo AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF ORTHE AMOUNT YOU HAVE PAID TO WeVoo FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

15. INDEMNITY

You agree to indemnify and hold WeVoo, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the Indemnified Parties) harmless from any breach of these Terms of Use by you, including any use of Content and Communication Services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

16.TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this Site are the property of WeVoo or the party that provided the intellectual property to WeVoo. WeVoo and any party that provides intellectual property to WeVoo retain all rights with respect to any of their respective intellectual property appearing in this Site. All contents of WeVoo’s Sites are: Copyright © 2015 WeVoo, Inc. All rights reserved.

17. COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WeVoo’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying WeVoo and its affiliates that your copyrighted material has been infringed. Please include the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site, including the current website address;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

WeVoo’ Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:

Copyright Agent:

WeVoo, Inc.

121 Newark Ave, 5th Floor, New Jersey,  07302

1-888-983-9372

_______________

18. SECURITY

Accounts used for this Site are for individual use only. You gain credentials to access and use the Services on the Site by downloading the WeVoo software application on your mobile device, providing us with  your mobile phone device number, receiving an SMS text with a validation code from us, and entering the validation code in a field within the software application.  Once this process is complete, someone may use the Site and Services without your consent if they obtain access to your mobile device.  You will be responsible for the security of your device and those who may access the Site with your mobile device. You acknowledge and agree that WeVoo is not responsible for any actions taken by third parties who access the Services with your mobile device.  You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, WeVoo reserves the right to release your account details to system administrators at other sites and/or the authorities in order to assist them in resolving security incidents. WeVoo reserves the right to investigate suspected violations of these Terms of Use. WeVoo reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction WeVoo to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD WeVoo HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WeVoo DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONSTAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WeVoo OR LAWENFORCEMENT AUTHORITIES.

19. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of New Jersey,

notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New Jersey in connection with any dispute between you and WeVoo arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Camden County, New Jersey.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WeVoo as a result of this agreement or use of WeVoo’ Sites. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and WeVoo with respect to WeVoo’ Sites. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. WeVoo may revise these Terms of Use at any time by updating this posting.

 

 

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