DISCLAIMER
If you ("you") access this site and any pages thereof, or wish to use the Vodius Design (herein referred to as "we", "us", "Vodius Design" or "Vodius") service ("Service"), you agree to be bound by the terms of use described in this document. Please read these terms of use carefully. If you do not agree to the terms of use herein listed, do not further access this site or any of its pages. Your continued access to this site constitutes your acceptance of the terms of use herein listed.
Note that any violation of these terms may result in termination of our service to you. Vodius Design provides you access to this Web site containing multimedia materials, information, software, and publications on the terms and conditions outlined below. Vodius Design reserves the right to change these terms and conditions from time to time in its sole discretion. Please refer to this page periodically for changes.
RESTRICTIONS OF USE OF MATERIALS
Vodius Design is committed to protecting author's Copyrights. All the elements on this website are copyrighted property of Vodius Design or its subsidiaries or affiliated companies and/or third-party licensors and cannot be copied nor imitated, including layouts or concepts within this site. Copyright and other pertaining laws protect all the "digital material" (including animations, photos, music, soundtracks and clips), content and software we offer. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, informational and noncommercial purposes, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
LICENSE AGREEMENT
Before you register for MyVodius ("application") please read the following terms and conditions of this "License" carefully.
By accepting this agreement, you agree that:
- You are to be bound by all of the terms and conditions set out in this license.
- You are responsible for any and all internet service provider, telecommunications and any other charges that may apply as a result of your use of the application.
- In case you are accepting on behalf of a company, you represent and warrant to the licensor that you have full authority to bind such company.
- You understand that this is a license agreement, not a sale. The product is provided under the following license, which defines what you may do with it and contains limitations on warranties and/or remedies.
Vodius Design grants you a non-exclusive, non-transferable license to use, reproduce, modify, publish, display and distribute MyVodius. For the purposes of this license "you" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this license.
Copyright and all other rights in the digital material shall remain with Vodius Design and/or its subsidiaries and/or third-party licensors and shall be entitled to enforce any breach by you of this digital image license agreement.
- You may not distribute, resell, sublicense or otherwise make available the digital material for use separately or detached from the original presentation.
- You cannot claim any proprietary rights of any sort on the application.
- You may not rent, lease, sublicense or lend the application, or a copy thereof.
- You may incorporate your own images or photos into your presentation using the functionality that our MyVodius service provides.
All digital materials are provided on an "as is" and "as available" basis and without warranties of any kind either expressed or implied. To the fullest extent permitted by applicable law, Vodius Design expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Vodius Design makes no warranty that its site or services will be uninterrupted, timely, secure, or error free, or that this site or our server is free of viruses or other harmful code components. Vodius Design makes no warranty regarding any software, goods, services, special offers, or the delivery of any software, goods or services, purchased, accessed, advertised or obtained through Vodius Design site.
This license constitutes the entire agreement between you and Vodius Design with respect to the digital material, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This license shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. You hereby consent to the exclusive jurisdiction of the courts of such entity. If any provision of this license is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the license and the other provisions shall remain in full force and effect.
This license will terminate immediately if you fail to comply with any of its terms or conditions. You agree that we may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from us.
ACCOUNT FEES
There is no fee for creating a MyVodius application on our servers. Once you finalize your project and are satisfied with it, you can purchase for immediate publishing as website on our server. When you create a project, Vodius Design will not bill you until you purchase and are ready to publish your presentation. All prices listed are in U.S. dollars. Your credit card company will calculate the exchange rate and include it in your monthly statement.
We do not provide refunds for published material. We will not refund the unused credits, in case there is a cancellation. We may change the rates and otherwise modify this agreement at any time. Changes are effective 30 days from posting to our website.
YOUR PROJECTS
Your account is for your use only. You agree not to give your password to anyone else, or allow another person to use your account. You agree to be responsible for all uses of your account for any purposes. Protect your password!
Be aware that we may need to access your account for the following reasons:
- To help you in case you forget your password. We will send an e-mail, upon your request, to the address from which you opened your account.
- To maintain our service to you and develop new and useful features and services.
- To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
About the material you submit
Under these terms, you may NOT place any of the following material or obtain any such material using the Service:
- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Vodius Design does NOT allow in any way the use of "adult-content" on this website.
- Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material
- Any material sent from an anonymous or false address.
While Vodius Design does not and cannot review all submissions, and is not responsible for their content, Vodius Design reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Vodius Design for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived. Vodius Design will not be liable for the content of any submission.
Discontinuing inactive projects or canceling the service
Vodius Design reserves the right to cancel the service or to discontinue projects that have been inactive for more than 360 days. We may do so, at our discretion, after sending an e-mail warning to the address you used when you first created your project. We may remove your project if you do not respond to the e-mail within 10 days.
Your Privacy
When you purchase and publish your MyVodius application, you need to provide some personal information, such as your name, e-mail address, and mailing address. Vodius Design is fully committed to protecting its client's privacy. For more details, please refer to our Privacy Statement .
Electronic Mail
The electronic mail service provides you with the capability to send and receive electronic mail via the Internet. Vodius Design has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, there is a maximum limit of 50 Mb on the storage space associated with your electronic mail account. Notwithstanding the foregoing, Vodius Design retains the right, at Vodius Design's sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our electronic mail services to other customers and to protect our computer systems.
You agree to be bound by the applicable provisions of this user agreement in connection with your use of the electronic mail services described in this section.
You acknowledge that your use of Vodius Design electronic mail services, including the initiation or delivery of any unsolicited electronic mail messages, may subject you, as applicable, to criminal or civil liability.
Vodius Design electronic mail service is subject to scheduled and unscheduled outages which will impact your ability to use the electronic mail service. Vodius Design will not refund fees, if any, you have paid for the electronic mail service if you elect to transfer your domain name to a third party.
Your right to use Vodius Design electronic mail service is personal to you. You agree not to resell the electronic mail service, without the prior express written consent of Vodius Design. Vodius Design will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on Vodius Design; (2) protect and defend the rights or property of Vodius Design; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.
You acknowledge and agree that Vodius Design neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.
You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of electronic mail service; or (4) conform to other similar requirements.
You agree that Vodius Design shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that is or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
The Electronic mail service is subject to the terms outlined in the "Hosting Fees" and the Cancellation sections below.
Hosting Fees
Vodius Design receives credit card payments using MasterCard or Visa cards through service provided by PayPal. Please read and agree to PayPal user agreement before making any payments.
THIRD-PARTY SOFTWARE AND LINKS
We may make software from third-party companies available to you. You must first agree to the respective software licenses and/or warranties in order to download such software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. We do not guarantee that any software you download will be free of viruses or any contaminating or destructive code. We do not offer any warranty on any third-party software you download using our service.
We usually provide links to third-party sites that might be of interest to you. Vodius Design has no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's administrators with any concerns.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
DISCLAIMER OF WARRANTIES THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH VODIUS DESIGN'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VODIUS DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VODIUS DESIGN MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL CODE COMPONENTS. VODIUS DESIGN MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED, ADVERTISED OR OBTAINED THROUGH VODIUS DESIGN'S SITE.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VODIUS DESIGN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF VODIUS DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE VODIUS DESIGN'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE AND PUBLICATIONS. THE WEB SITE AND PUBLICATIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. VODIUS DESIGN ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS IN THE WEB SITE AND PUBLICATIONS AND IN ANY OTHER REFERENCED OR LINKED DOCUMENTS.
EXPORT
You are responsible for compliance with all local laws, and you are required to comply with U.S. or Canadian export laws and regulations when you use or export any software or materials provided through the service.
MISCELLANEOUS
We may assign our rights and responsibilities hereunder without notice to you. We may make changes to the content, available software, web site, publications, prices, technical specifications and product offerings at any time and without notice. Distribution of the web site and publications is international and may contain references to our services or products that have not been announced in all countries. These references do not imply that we intend to announce such services or products in your specific country. To use our service, you must be at least 13 years old. If you or your parent or guardian have any concerns, please feel free to contact us. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms will continue in effect. These terms constitute the entire agreement between you and us with respect to the service, and supersede all other communications, written or oral, with regard to the Service. |
