VingMe
 

VingMe Terms of Service

VingMe, Inc. ("VingMe") provides a web and Android based service (collectively the "Site"). By using VingMe (a "User"), you are agreeing to comply with and be bound by this Terms of Service, as revised (the "TOS"). Please review the following terms carefully. If you do not agree to these terms, you may not obtain services or review information from VingMe.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Agreement with respect to the Site. This Agreement may be amended at any time by VingMe from time to time without specific notice to you. The latest Agreement as revised will be posted on the Site, and you should review this Agreement each time you visit the Site, prior to using the Site.

The Site is available only to persons who are at least thirteen (13) years old. If you are under the age of 18, you should review the Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand and agrees with the Terms of Service. You shall not use the Site or become a Member if you are located or reside in a country or jurisdiction in which use or participation is prohibited by law.

 
2. Membership.
You are solely responsible for all use made of the Site and services under your password and account information. You should keep your password and account information in a safe place and should not share it with anyone else. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable. You represent and warrant that if you subscribe to VingMe that any information you supply is true and complete and you will maintain accurate information on a timely basis. We reserve the right to reclaim usernames/display names on behalf of businesses or individuals that hold legal claim or trademark on those usernames/display names. We reserve the right to force forfeiture of any username/display name that becomes inactive, violates trademark, or may mislead other users.

 
3. Submitted Content.
You may submit Content to the Services, including pictures and videos. We will use your content in a manner consistent with your authorization and our Privacy Policy. You shall be solely responsible for the Content you submit and the consequences of submitting your Content on the Services. You retain your ownership rights in the Content you submit to the Services for the length of time it is active on our Site. VingMe reserves the right to remove Content after any period of time. You warrant that you have the necessary licenses, rights, consents, and permissions to publish Content on the Services and that the Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are legally entitled to post the material and in which case you agree to grant VingMe all of the license rights granted herein.

You may not submit Content that contain sexually explicit material or pornography, hateful, defamatory, or discriminatory material, incite hatred against any individual or group, depict unlawful acts or extreme violence, depict animal cruelty or extreme violence towards animals, violate any law. While VingMe prohibits such conduct and content on its site, you understand and agree that VingMe cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the VingMe service at your own risk. VingMe is unable to return any Submitted Content.

You license to VingMe all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Service. By submitting Content to the Services, you grant VingMe a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services (and its successors' and affiliates'), including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service.

VingMe has put security and back-up procedures in place to protect Submitted Content. However, in the unlikely event there is a loss or corruption of Submitted Content, VingMe is not responsible or liable for such loss or corruption. VingMe EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY MISUSE OF UPLOADED INFORMATION BY ANY OTHER INDIVIDUAL AND YOU AGREE TO INDEMNIFY AND HOLD VingMe HARMLESS FOR ANY SUCH MISUSE.

 
4. Code of Conduct.
You may not violate or attempt to violate the security of the Site by, without limitation; (a) accessing data not intended for you or logging into a server or account with you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. VingMe will investigate potential violations and will, where applicable, vigorously prosecute individuals to the fullest extent of the law.

 
5. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 7, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

 
6. Trademarks.
VingMe and others are either trademarks or registered trademarks of VingMe, Inc. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 
7. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Service that would create an electronic database or archive containing such content.

 
8. Removal.
VingMe reserves the right in its sole discretion to remove any content appearing on the Site at any time.

 
9. Indemnification.
You agree to indemnify, defend and hold VingMe and its partners, employees, agents, attorneys, staff and affiliates (collectively, 'Affiliated Parties') harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. This section survives termination of this Agreement.

 
10. VingMe disclaims all warranties regarding use of the Site
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED 'AS-IS,' 'AS AVAILABLE,' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

 
11. Our Liability for your use of the Site is limited
VingMe AND THE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VingMe AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VingMe AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VingMe THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. VingMe WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION IN THE MONTH SUCH LIABILITY IS ALLEGED TO HAVE ARISEN. THIS SECTION ALSO SURVIVES TERMINATION OF THIS AGREEMENT.

 
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

 
13. Securities Laws.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like 'anticipates,' 'expects,' 'believes,' 'estimates,' 'seeks,' 'plans,' 'intends' and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

 
14. Links to Third Party Web Sites.
The Site contains links to other Web sites. VingMe is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by VingMe. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by VingMe. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

 
15. Copyrights and Copyright Agents.
VingMe respects the intellectual property of others, and asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by email.

 
16. Information and Press Releases.
The Site may contain information and press releases about VingMe. While this information was believed to be accurate as of the date prepared, VingMe disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by VingMe.

 
17. Membership Termination.
VingMe reserves the right to suspend or terminate your membership of the Site at any time without notice to you.

 
18. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Trenton, New Jersey, and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9, Section 10 and Section 11. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in state or federal courts located in Trenton, New Jersey. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.