(Last revised July 2018)
A PRIMARY FUNCTION OF THE APP IS TO ALLOW YOU TO ENHANCE A VISIT TO A THIRD PARTY SITE, INCLUDING THE DAY OF YOUR VISIT. BY CLICKING “AGREE” AND USING THE APP, YOU ARE SPECIFICALLY ACKNOWLEDGING THAT VANTAGE HAS NO CONTROL OVER SOME ELEMENTS OF THE APP, AND NO CONTROL OVER THE THIRD PARTY PRODUCTS AND SERVICES CONTROLLED BY THE APP. YOU ACKNOWLEDGE AND AGREE THAT VANTAGE HAS NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE APP.
THE APP INCLUDES SERVICES PROVIDED BY OR ON BEHALF OF THIRD PARTIES, ALL OF WHICH ARE REFEREED TO AS THE “THIRD PARTY SERVICES”. THE THIRD PARTY SERVICES ARE NOT PROVIDED BY VANTAGE, AND VANTAGE IS NOT RESPONSIBLE FOR THE THIRD PARTY SERVICES.
2. PERMITTED USES OF THE APP.
3. APP LIMITATIONS.
4. SERVICE FEATURES.
5. PROHIBITED USES OF THE APP.
BY CLICKING “AGREE” YOU AGREE NOT TO:
a. probe, scan, or test the vulnerability of any system or network;
b. breach or otherwise circumvent any security or authentication measures;
c. access, tamper with, or use non-public areas or parts of the App, or shared areas of the App you haven’t been invited to;
d. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the App;
e. access, search, or create accounts for the App by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
f. send unsolicited communications, promotions or advertisements, or spam;
g. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
h. promote or advertise products or services other than your own without appropriate authorization;
i. abuse referrals or promotions to get more storage space than deserved;
j. circumvent storage space limits;
k. publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
l. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
m. violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading;
n. violate the privacy or infringe the rights of others;
o. conduct fraudulent activity in connection with your use of the App including claiming a false affiliation, such as accessing another person’s account, impersonating any person or entity, or falsifying your age;
q. reverse engineer or otherwise attempt to discover any portion of the App’s source code;
r. collect personal information about any other users or third parties without consent; and
VANTAGE accepts no liability for any civil fines or criminal sanctions arising from your operation of the App.
Except where expressly provided otherwise by VANTAGE, all comments, feedback, information and data submitted to VANTAGE through, in association with or in regard to the App and/or any other VANTAGE goods or services (“Submissions”) shall be considered non-confidential and VANTAGE’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method VANTAGE sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to VANTAGE, you agree to assign to VANTAGE, as consideration in exchange for the use of the App, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant VANTAGE these rights. VANTAGE shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not VANTAGE, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity
VANTAGE does not accept Submissions from persons under the age of 13 (“Child” or “Children”). Furthermore, VANTAGE does not accept any user who is a Child. You are ineligible to use this App if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants VANTAGE all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, VANTAGE reserves the right to cancel or suspend your account. Furthermore, VANTAGE reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using VANTAGE for improper purposes, or any purpose inconsistent with its business.
7. DISCLAIMERS; NO WARRANTIES.
THE VANTAGE APP IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. VANTAGE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE VANTAGE APP. VANTAGE DISCLAIMS ALL WARRANTIES REGARDING ALL INFORMATION PROVIDED BY THE VANTAGE APP, INCLUDING: 1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND 2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VANTAGE DOES NOT WARRANT THAT THE SERVICE PROVIDED THROUGH THE APP WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, FREE OF VIRUSES, FREE OF HARMFUL CODE, FREE OF OFFENSIVE CONTENT, OR EVEN OPERATE AT ALL. YOU ASSUME ALL RISK FOR ANY PROPERTY DAMAGE, INJURY, CIVIL PENALTY, CRIMINAL PENALTY, AND ALL OTHER TYPES OF LOSS THAT MIGHT RESULT FROM YOUR USE OR ACCESS TO THE APP AND THE INFORMATION PROVIDED TO YOU THROUGH THE APP.
YOU UNDERSTAND AND AGREE THAT SOME OF THE THIRD PARTY SERVICES ARE NOTIFICATION, SIGNALING AND DETECTION PRODUCTS AND SERVICES. THOSE PRODUCTS AND SERVICES DO NOT ELIMINATE OCCURRENCES OF NEGATIVE OCCURRENCES OR EMERGENCIES. FURTHER, YOU UNDERSTAND AND AGREE THAT THE THIRD PARTY SERVICES MAY NOT STOP, MINIMIZE, OR HELP IN THE EVENT OF SUCH OCCURRENCES OR EMERGENCIES. VANTAGE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) RELATED TO THE THIRD PARTY SERVICES, OR THE EFFICACY OF THE THIRD PARTY SERVICES.
BY CLICKING “AGREE” YOU ARE AGREEING THAT YOU ARE USING THE APP AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL PROPERTY DAMAGE, PERSONAL INJURY, DAMAGE TO YOUR MOBILE DEVICE, AND LOSS OF DATA THAT RESULTS FROM YOUR USE, MISUSE, OR INABILITY TO USE THE APP.
You or we may suspend or terminate your account or your use of the App at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this App at any time without notice.
9. VANTAGE DOES NOT PROVIDE THE SERVICES CONTROLLED BY THE APP.
The App may contain links or have references to websites, services or mobile applications controlled by parties other than VANTAGE. VANTAGE is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites, services, or mobile applications. VANTAGE is providing these links to you only as a convenience, and the inclusion of any third party materials does not imply endorsement by VANTAGE of the linked website, services, mobile application, and/or the content and materials provided by or on behalf of a third party.
10. [SYSTEM REQUIREMENTS.]
11. END USER LICENSE AGREEMENTS.]
12. [THIRD PARTY SOFTWARE.]
13. [OPEN SOURCE.]
14. LICENSES FROM VANTAGE.
You are being granted solely a revocable, limited license, in compliance with these terms.
15. LICENSES FROM YOU.
16. YOU AGREE TO INDEMNIFY VANTAGE FOR YOUR USE OF THE APP.
17. LIMITATION OF LIABILITY.
IN NO EVENT WILL VANTAGE BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER FORM OF LOSS) ARISING OUT OF OR RELATING TO YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS OR USE, THE APP. THIS INCLUDES ANY CLAIM ARISING FROM DAMAGE OR HARM TO YOU AS A RESULT OF THE THIRD PARTY SERVICES OR THE APP, BASED ON ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VANTAGE ENTITY, SHAREHOLDER, OFFICER, OR AGENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VANTAGE HEREBY DISCLAIMS, AND YOU HEREBY DISCHARGE, WAIVE, AND RELEASE VANTAGE AND ITS AFFILIATES AND THIRD PARTY PROVIDES AND EACH OF THEIR MEMBERS, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIONS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, DAMAGES, AND DEMANDS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE APP OR YOUR USE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
19. DISPUTE RESOLUTION; ARBITRATION AGREEMENT.
We will work in good faith to resolve any issue you have with the App working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
20. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY NOTICES.
The App and all other apps provided by VANTAGE are VANTAGE’s property. The source code, visual interfaces, graphics, designs, information, compilations, data, computer code, products, software, services, manuals, and all other elements of the App are protected by intellectual property and other laws. Unless given the express consent by VANTAGE, you are not permitted to make use of any of VANTAGE’s protected materials. Further, elements of the App are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.
The VANTAGE trademark and/or other identifiers referenced herein are trademarks of VANTAGE and/or its affiliates, and may be registered in certain jurisdictions.
21. CALIFORNIA LAW GOVERNS.
This Agreement and the relationship between you and VANTAGE, and your use of the App, shall be governed by the laws of the State of California, excluding its conflict of law provisions. If a lawsuit or court proceeding is permitted under these Terms, then you and VANTAGE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within [Orange County], California, for the purpose of litigating any dispute. VANTAGE makes no representation that the App, or any other items are appropriate or available for use in your location.
22. GENERAL TERMS.
The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by VANTAGE.
23. CONTACT INFORMATION.
If you have any questions about these Terms or Use, please contact VANTAGE at [firstname.lastname@example.org].
24. ELECTRONIC COMMUNICATIONS.