The Website contains text, pictures, graphics, logos, items, images, works of authorship, and other content (collectively with all information and material about Vinli, products and services, “Content”). The Website is intended for use only by users who are at least 18 years of age.
1. Limited License and Site Access; All Rights Reserved.
- b. Order Products. If you purchase any Vinli products or services that we offer for a fee, (“Products”), you agree to allow Vinli, or our payment affiliates or service providers, to process and store your payment card information. You also agree to pay the applicable fees for the Products as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are subject to Vinli’s refund policy which can be provided to you at your request to email@example.com. Please note that some Vinli products and services may not be available in all jurisdictions.
- c. Copyright. Except as otherwise expressly stated, all Content appearing on the Website is the copyrighted work of Vinli, its users or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Vinli and is protected by U.S. and international copyright laws.
- d. Prohibited Use of Content. You may download information from the Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Vinli or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Vinli. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Vinli does not warrant or represent that your use of Content, products, services or any other materials displayed on the Website will not infringe rights of third parties. If you believe that any Content on the Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately as at infringement at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
- e. Trademarks and Service Marks. Certain trademarks are the service marks and trademarks of Vinli or one of its affiliates. The domain name for the Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and trade dress of Vinli. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website without the prior written authorization of their owners.
3. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and Vinli reserves the right to change the access configuration of the Website at any time without prior notice.
4. Prohibited Use. Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Website, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by Vinli to be made accessible to a user, or (vi) in an attempt to obtain any materials or information through any means not intentionally made available by Vinli, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
- (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Vinli representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- (d) upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- (f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- (h) violate any applicable local, state, national or international law;
- (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- (j) delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to modify it;
- (k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.vinli.com, in accordance with the Limited License and Site Access outlined above;
- (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems;
- (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
- (n) harvest or otherwise collect information about others, including e-mail addresses; or
- (o) use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any content or information on the Website.
6. No Editorial Control of Third Party Content; No Statement as to Accuracy. Vinli has no editorial control or responsibility over Content included in the Website that is provided by users or third party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by users or third party suppliers on the Website are those of such users or third party suppliers. Vinli does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on the Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Vinli.
- a. Content and other information contained on the Website has been prepared by Vinli as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Vinli has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Website or any other Website maintained by Vinli. Users relying on Content or other information from the Website do so at their own risk.
- b. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. If you purchase products or services from Vinli or purchase products or services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of the Website does not affect that purchase in any manner.
- c. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND VINLI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. VINLI MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
10. Limitation of Liability.
- a. YOU UNDERSTAND AND AGREE THAT VINLI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF VINLI HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE VINLI DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
- b. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.
- c. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Dispute Resolution and Governing Law.
- a. Customer Service and FAQs. At Vinli, we expect that our customer service team will be able to quickly and satisfactorily resolve most concerns you may have regarding Vinli, its products, services, or the Website by contacting Vinli customer service at email@example.com or by reviewing the FAQ page on the Website at https://vinli.zendesk.com/hc/en-us. In the unlikely event that an issue, concern or claim (including legal claims) remains unresolved, you and Vinli each agree to discuss any issue informally for at least 30 days. You can do that by sending your full name and contact information, your concern and your requested solution to Vinli at Vinli, 2203 Commerce St., Dallas, Texas 75201 USA, Attention: Legal Department. If we would like to discuss an issue with you, we will email you at the email address you used when you registered for your Vinli account.
- d. Confidentiality. All arbitration proceedings are confidential, unless both you and Vinli agree otherwise. Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.
13. Password Accounts, Passwords, and Security. If you have been given the option to open an account on the Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Vinli of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Vinli will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vinli or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.