Terms of Service
3. Website Access
A. VuMee hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without VuMee’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and any restrictions or conditions set forth on the Website itself.
B. In order to access some features of the Website, you will have to create an account. You may never use another customer’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VuMee immediately of any breach of security or unauthorized use of your account. Although VuMee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VuMee or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the VuMee servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.
D. The Website includes certain services that are available via a mobile device, including (i) the ability to upload content to the Website via a mobile device, (ii) the ability to browse the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
4. Intellectual Property Rights The content on the VuMee Website, except all Materials, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to VuMee, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of such Content. IN NO EVENT, SHALL YOU HAVE OR ACQUIRE ANY RIGHTS TO USE ANY AUDIO AND/OR AUDIOVISUAL CONTENT FOR ANY PURPOSE WHATSOEVER, UNLESS AND UNTIL VUMEE HAS GRANTED YOU THE RIGHT TO SO THROUGH A WRITTEN AMENDMENT TO THESE TERMS OF SERVICE AND POSTED SUCH AMENDMENT ON THE WEBSITE. VuMee reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Content or Materials of third parties obtained through, or viewed on, the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you agree not to alter or remove any copyright or other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the VuMee Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VuMee Website or the Content therein.
A. The VuMee Website permits the submission of audio, audiovisual, written and other materials and content by celebrities and Fans (collectively, “Materials”). VuMee does not endorse any Materials or any opinion, recommendation, or advice expressed therein, and VuMee expressly disclaims any and all liability in connection with Materials. VuMee does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and VuMee will remove all applicable Materials if properly notified that such Materials infringe upon another’s intellectual property rights. VuMee reserves the right to remove Materials without prior notice. VuMee will also terminate a Fan’s access to its Website, if he/she is determined to be an infringer. VuMee also reserves the right to decide whether Materials are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. VuMee may remove such Materials and/or terminate a celebrity ot Fan’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
B. You understand that, when using the VuMee Website, you will be exposed to Materials from a variety of sources, and that VuMee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are 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 VuMee with respect thereto, and agree to indemnify and hold VuMee, its owners/operators, members, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. In addition, you hereby release VuMee and its Professionals from any and all liability based upon, or arising out of, any reviews of your Materials by such Professionals, including, without limitation, claims of defamation of any kind.
C. VuMee reserves the right to discontinue any aspect of the VuMee Website at any time. These Terms of Service constitute a legally-binding contract solely between you and VuMee.
6. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE VUMEE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VUMEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VUMEE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 VUMEE WEBSITE. VUMEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VUMEE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VUMEE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability IN NO EVENT SHALL VUMEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PROFESSIONALS, 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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 VUMEE WEBSITE, 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 VUMEE SHALL NOT BE LIABLE FOR ANY MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, OF ANY PROFESSIONAL) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by VuMee from its facilities in the United States of America. VuMee makes no representations that the VuMee Website is appropriate or available for use in other locations. Those who access or use the VuMee Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity You agree to defend, indemnify and hold harmless VuMee, its officers, directors, employees, Professionals, 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 VuMee Website; (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 Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the VuMee Website.
9. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VuMee without restriction.