Terms of service
I. Your Acceptance
- VinSocial Inc. (a corporation formed under NMRL, Inc., collectively with its agents, representatives, consultants, employees, officers, and directors, "VinSocial," "we," or "us") is an internet-based social networking crossroads and content aggregator for wine & spirits lifestyle fans, Wine & Spirits talent and business executives. By using, in whole or in part, the VinSocial website, mobile application or any VinSocial products, software, data feeds, and services, presently available or added from time to time, provided to you on, from, or through the VinSocial website, and/or mobile application (collectively the "Service") you signify your agreement to the following terms and conditions (the “Terms of Service”) as updated from time to time in accordance with the Terms of Service and to any other VinSocial policy or guidelines herein referenced or added from time to time. If you don’t agree to all the terms and conditions of these Terms of Service, you should not, and are not permitted to use the Service.
- VinSocial may attempt to notify you when major changes are made to these Terms of Service; nevertheless, you are responsible to periodically review the most up-to-date version for any changes. VinSocial may, in its sole discretion, modify or revise these Terms of Service and policies at any time and without notice; and you agree to be bound by such modifications or revisions. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. If you do not agree to any amendments or modifications to the terms and conditions of these Terms of Service, you should not, and are not permitted to, use the Service. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
II. Scope of Application
- These Terms of Service apply to all users of the Service, irrespective of: their status as a user, the means by which they access the Service, be it via VinSocial’s website or mobile application and if done so using an account or not and may they produce or not any Content on the Service. Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. Content includes aggregated material from third party websites or web applications or contributed by other users of the Service.
- The Service may contain links to third-party websites that are not owned or controlled by VinSocial. VinSocial has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, VinSocial will not and cannot censor nor edit the content of any third-party site. By using the Service, you expressly relieve VinSocial from any and all liability arising from your use of any third-party website.
VinSocial hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- VinSocial allows end-users to network, sample and download musical works, keep abreast of local event schedules, and post user-generated content; and also allows talent to connect with its fan base, and showcase and promote its works, shows and merchandise; and finally allows industry executives to discover new talent, reach out to fans directly, access statistical data and manage artist promotion (the “Intended Use”).
- The use of the Service is done in accordance with the Intended Use and in conformity with these Terms of service.
- You agree that VinSocial publicly posts aggregated content taken either form other users or from third-party websites and social media pertinent to any talent you promote.
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- At any time, VinSocial may discontinue any aspect of the Service without prior notice.
IV. Accounts and Access
- To use some of the features of the Service, you must create a VinSocial account. By doing so, you agree to not use another user’s account without permission. You will provide accurate and complete information and in no case provide false information. You will keep your personal information and contact information accurate and up-to-date. You are solely responsible for all activity on your account, including the security of your password, and will in no case share your password. In the advent of a breach of security or an unauthorized use of your account, you will immediately notify VinSocial.
- VinSocial reserves the right to remove or reclaim an account or block access to an account, if it deems appropriate to do so in the case where your username or any identifier for your account or use of Service infringes upon any proprietary material, use of someone’s name or likeness without their consent or usurps their identity. If VinSocial does remove or reclaim an account or block access to an account, you agree that it may not be held liable for any of your losses.
- VinSocial will not be liable for any losses incurred by any unauthorized use of your account; you may be held liable for the losses of VinSocial or of any other user’s due to such unauthorized use.
V. Use of Content
You also agree to the following restrictions and conditions in regard to your use of Content:
- The Content on the Service, trademarks, logos and any other proprietary material on the Service are owned by or licensed to VinSocial, subject to copyright and other intellectual rights under the law.
- Content is provided to you as is. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of VinSocial or the respective licensors of the Content.
- VinSocial and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- Unless provided for by a clearly displayed feature on the Service, you will not download Content or circumvent, disable or otherwise interfere with the Service’s functionalities to download or copy Content that you are prevented from doing so or otherwise unable to.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that VinSocial is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VinSocial with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless VinSocial, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
VI. Your Content
VinSocial permits users through their account to submit Content to the Service, including texts, images, video and comments that may be original or initially housed by third party websites or applications. By submitting such material:
- You understand that VinSocial does not guarantee any confidentiality with respect to any Content you submit.
- You are solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.
- You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
- You license to VinSocial the necessary patent, trademark, trade secret, copyright or other proprietary rights in and to the Content you submit as to permit us to publish it on the Service, make it publicly available to other users and accomplish the Intended Use, in accordance with these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to VinSocial, you hereby grant VinSocial a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and VinSocial (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
- The above licenses granted by you in Content you submit to the Service are perpetual and irrevocable even after you have removed or deleted your Content from the Service, or ceased to use the Service. You acknowledge and agree that Content, even removed or deleted may persist in caches, server copies or backups for a reasonable period of time and copies of or references to the Content may not be entirely removed (due to the nature of the Service and social media, for example). The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant VinSocial all of the license rights granted herein.
- You agree that you will not submit to the Service any Content or other material that is contrary to these Terms of Service including VinSocial Community Guidelines outlined hereunder and in any documents identified as such from time to time.
- On termination of your account, or upon your deletion of particular pieces of your Content from the Service you acknowledge and agree that: (a) removed Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Content may not be entirely removed (due to the nature of the Service and social media, for example). VinSocial shall make reasonable efforts to make such Content inaccessible and cease use of it. VinSocial does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VinSocial expressly disclaims any and all liability in connection with Content provided by you or available on or through the Service. VinSocial does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and VinSocial will remove all Content if properly notified that such Content infringes on another's intellectual property rights. VinSocial reserves the right to remove Content without prior notice.
By using the Service, you also agree to the following conditions and restrictions which may be included or elaborated in a separate document, and updated from time to time, these form an integral part of the VinSocial Community Guidelines, or may be contrary to applicable local, national, and international laws and regulations.
- You will not post unauthorized commercial communications (such as spam), engage in unlawful multi-level marketing, such as a pyramid scheme or solicit or use devious means to obtain personal information such as credit card numbers, social security numbers, unlisted contact information or private photographies.
- You will not post content that violates anyone’s privacy; is hate speech, threatening, or pornographic; actively incites, promotes, glorifies violence or self-harm; or contains nudity or graphic or gratuitous violence; or bullies, intimidates, or harasses any user.
- You will not post or solicit anything relating to minors that is sexually suggestive or violent.
- When the functionality of the Service permits-it, you will use appropriate age-based restrictions or content based disclaimers, including but not limited to Content containing alcohol-related, dating or other mature content (including advertisements).
- You will not collect users' content or information, or otherwise access VinSocial, using automated means (such as harvesting bots, robots, spiders, offline readers or scrapers) without our prior permission.
- You will not solicit login information or access an account belonging to someone else without permission.
- You will not participate in a scheme that artificially create traffic and social responses as "follow trains," or “bait reblogs/follows” posts, provide fraudulent or deceptive links in your Content, including but not limited to: misleading link descriptions, using wrongful “source” field, attracting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
- You will not unreasonably accumulate, squat, hoard, buy, sell or trade VinSocial URL or account names, participate in systematic mass registration or mass content posting either manually or by automated means (such as computer programmers).
- You will not upload viruses or other malicious code, do anything that could disable, overburden, or impair the proper working or appearance of VinSocial, such as a denial-of-service attack or interference with page rendering or other VinSocial functionality.
- You will not alter or modify any part of the Service; nor modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open-source license, or we give you express written permission.
- You will not use VinSocial to do anything unlawful, misleading, malicious, or discriminatory; nor will facilitate or encourage any violations of this Statement or our policies.
- You will comply with all applicable laws when using the Service.
When you use the Service, you also consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described hereunder.
- VinSocial may collect, transfer, manipulate, store, disclose and use your information, including but not limited to your username, password, age, gender, contact list, phone number and email address; your username or other user ID for a third party websites; information provided by third-party websites; information about the content you provide to the Service; information about how you use the Service and each request you send to the Service such as liking a post, reblogging a post, replying to a post, and following a user; financial information, such as information related to your payment method (valid credit card number, type, expiration date or other financial information); information about where you are located, such as by converting your IP Address into a rough geolocation; information related to your mobile device such as model, operating system; information from your web browser when you interact with the Service, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Service, the date and time of each request you make to the Service, your screen display information, whether you use any web browser extensions, and information from any cookies we have placed on your web browser (collectively "Your Information").
- VinSocial may use Your Information, alone or together with other information, for a number of reason including but not limited to enhance and improve the Service, such as by personalization, which may include presenting you with new posts relevant to what you’ve liked, providing you with better search results, showing you relevant local content, and showing you advertising more relevant to your interests; develop new services, additional features and functionalities; verify that you can lawfully use the Service, verify your account and to communicate with you; post your Content to third party websites if you authorize us to do so; permit payments either by us or third party payment processing services; enable new products; connect you with people in our Service that are either in you contact list or have similar interests.
- To do so, VinSocial may use internal tools (from VinSocial) and third-party applications and services (such as Google Analytics or comScore) to collect and analyze this information. VinSocial may also analyze your actions on the Service in order to derive or infer characteristics that may be descriptive of your account (for example, what kinds of blogs you follow or what kinds of posts you view, like, or reblog). To help us do all this, VinSocial may associate Your Information either with the Internet Protocol Address used to access the Service, your account, mobile device used to access the account, cookies stored on your web browser, and by any other means VinSocial may use from time to time. Your information may also be collected and used in aggregate form (as a statistical measure that wouldn’t identify you or your account).
- VinSocial also reserves the right to share your information with third parties, such as service providers, consultants, and other agents, for the purposes of operating, enhancing, and improving the Service, and developing new products and services.
- We also reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary, in our sole discretion, to (i) satisfy any law, regulation, legal process, governmental request, or governmental order, (ii) enforce our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, trust and safety, or technical issues (including exchanging information with other companies and organizations for the purposes of improving security and preventing fraud, spam, and malware), (iv) respond to user support requests, or (v) protect the rights, property, health or safety of us, our users, any third parties or the public in general, including but not limited to situations involving possible violence, suicide, or self-harm.
- We may share or disclose non-private information, aggregate information, or other non-personally identifying information with people and entities that we do business with.
- VinSocial is not responsible for the information collection and use practices of other users who may collect more information than VinSocial does, and may provide information to third parties that VinSocial has no relationship with, including to advertisers.
- VinSocial may in a reasonable manner further detail the conditions and restrictions for the collection, transfer, manipulation, storage, disclosure and other uses of your information, and modify from time to time these conditions and restrictions. You agree to follow these conditions and restrictions as modified from time to time.
- Through the functionalities of the Service, VinSocial enables users which have an account to promote talent either that they are part of or have permission to do so in the name of the musical talent.
- Promotion of talent must be done so reasonably, in accordance with applicable law, and as not to undermine or deteriorate the quality of the Service or the community of users.
- If you publicize or offer any contest, giveaway, or sweepstakes, you agree to do so in accordance with all applicable laws.
- VinSocial may in a reasonable manner further detail the conditions and restrictions for the promotion of musical talent in a separate document, issued as a promotions guidelines, and modify from time to time these guidelines. You agree to follow these promotion guidelines as modify from time to time.
- You agree that, without any compensation to you, VinSocial may place or allow designated third parties to place advertisement or sponsored content on the Service, whether it be identified as such, and that such advertisement may be visible when other user consult your account page; and that VinSocial may receive remuneration from such activity.
- VinSocial may in a reasonable manner further detail the conditions and restrictions for the purchase, use and targeting of advertisement in a separate document, issued as an advertisement guideline, and modify from time to time these guidelines. You agree to follow these advertisement guidelines as modify from time to time.
XI. Paid Services
- Some functionalities of the Service may require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Paid Services, in connection with such Service, and any related taxes or additional charges.
- Paid Services are limited licenses for you to use particular for-pay aspects of the Service. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Service, except as expressly allowed by the rules of those Paid Services.
- VinSocial may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
- Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as discount), except at VinSocial sole discretion and in accordance with the rules governing each Paid Service. Termination of your account or your rights under these Terms of Service may result in forfeiture of purchased Paid Services.
- VinSocial may change its prices for Paid Services at any time. To the extent applicable, VinSocial. will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
XII. Copyright Infringement Notice
- If you believe that Content residing or accessible on or through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to VinSocial at the following address firstname.lastname@example.org:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that VinSocial is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. The information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material pursuant to a valid notice, VinSocial will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. VinSocial will terminate, under appropriate circumstances, the accounts of users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any user for actual or apparent copyright infringement.
2. If you believe you are the wrongful subject of a notification, you may file a counter-notification with VinSocial by providing the following information to to VinSocial at the following address: email@example.com
- The specific URLs of material that VinSocial has removed or to which VinSocial has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the courts of the State of Colorado, and that you will accept service of process from the person who provided the original notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature. Upon receipt of a valid counter-notification, VinSocial will forward it to Notifying Party who submitted the original notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If VinSocial does not receive any such notification within ten (10) days, we may restore the material to the Service.
- VinSocial may in a reasonable manner further detail the procedure for making complaints of copyright infringement, in a separate document, issued as a copyright policy, and modify it from time to time. You agree to follow this copyright policy as modified from time to time.
XIII. Mobile Devices
- The mobile application is offered for free, but your carrier’s normal rate and fees, such as text messaging and data charges will still apply.
- In the event you change or deactivate your phone number, it is your responsibility to update your contact information such as to ensure your messages are not sent to the new owner of the telephone number. You agree that VinSocial will not be held liable for any losses or damages if private information is acquired in such an event.
- You consent that other user’s devices may sync with any information visible to them on your account and provide all necessary rights to do so.
XIV. Removal of Content
- VinSocial reserves its right to immediately remove Content without notice or liability, at its sole discretion, with or without reason, including but not limited to if the Content violates these Terms of Service, including VinSocial Community Guidelines, infringes on third party’s copyright, jeopardizes the Service, undermines the infrastructure of the Service, prevents other users from using the Service, endangers the vitality of the community of users, or creates risk or legal exposure for VinSocial.
- VinSocial reserves its right to immediately terminate, suspend, block or disable your access to any and all functionality of the Service including your account, without notice or liability, at its sole discretion, with or without reason, including but not limited to if you violate these Terms of Service, including VinSocial Community Guidelines, infringe on third party’s copyright, jeopardize the Service, undermine the infrastructure of the Service, prevent other users from using the Service, endanger the vitality of the community of users, or create risk or legal exposure for VinSocial, in particular if an account or user is identified as having repeatedly violated these Terms of Service. VinSocial may do so by whichever means possible, including but not limited to blocking a particular user, account, email, or IP address.
- Upon termination of your access to and use of the Service or part of, including but not limited to suspension of your account, your right to use or access the Service and any Content will immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service or part of shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to VinSocial or any third party.
- VinSocial reserve the right to enforce, or not enforce, these Terms of Service in our sole discretion, and these Terms of Service don't create a duty or contractual obligation for us to act in any particular manner.
XVI. Warranty Disclaimer
- YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VINSOCIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. VinSocial MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OBTAINED OR ACCESSED FROM THE WEB APPLICATION OR THE CONTENT OF ANY SITES LINKED TO THIS SITE OR THE WEB APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. VINSOCIAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VINSOCIAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
XVII. Limitations of Liability
- IN NO EVENT SHALL VINSOCIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT VINSOCIAL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- THE SERVICE IS CONTROLLED AND OFFERED BY VINSOCIAL FROM THE FACILITIES IN X. VINSOCIAL MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VinSocial, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VinSocial without restriction.
XX. Capacity to Consent to Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the use of the Service is prohibited to children under 13. If you are under 13 years of age, you shouldn't, and aren't permitted to, use the Service.
XXI. Law and Jurisdiction
You agree that: (i) the Service shall be deemed solely based in the State of Colorado; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VinSocial, either specific or general, in jurisdictions other than the State of Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and VinSocial that arises in whole or in part from the Service shall be submitted to the exclusive jurisdiction of the courts of the State of Colorado.
It is the expressed wish of the parties that the present Contract be drafted in the English language.
XXIII. Entire Agreement
These Terms of Service, together with any VinSocial’ policy or guidelines and any other legal notices published on the TunesStars website, shall constitute the entire agreement between you and VinSocial concerning the Service.
No waiver, course of conduct or failure or delay in enforcing the provisions of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term or affect the validity, binding effect or enforceability of these Terms of Service. If any provision of these Terms of Service is or shall be deemed illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, said provision shall be severed from the Terms of Service and the remaining provisions of these Terms of Service shall nevertheless be valid, binding and enforceable.
Nothing in these Terms of Service shall prevent us from complying with the law. These Terms of Service do not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind VinSocial in any respect whatsoever.