1. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and Dot Dash 3 Inc. and its affiliates, and subsidiaries ("Dot Dash 3"). "You" and "users" shall mean all visitors to the VValls Service. You accept these Terms each time you access the VValls Service or vvalls.com. If you do not accept these Terms, you must not use the VValls Service or Vvalls.com.
Revisions to Terms. Dot Dash 3 may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the VValls Service after a change to these Terms constitutes your binding acceptance of these Terms. However, no revisions to these Terms will apply to any dispute between you and Dot Dash 3 that arose prior to the date of such revision.
Children. No part of the VValls Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE VVALLS SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the VValls Service.
The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar actions on the VValls Service.
2. The VValls Service
The VValls Service is defined as any website, mobile application, or Internet service under the VValls brand name and Dot Dash 3's control, whether partial or otherwise, in connection with providing the services provided by Dot Dash 3. The VValls Service provides a platform for viewing and creating interactive 3d projects. Users can create, publicly post, share, and embed 3d interactive content.
Recommendations Are For Informational Purposes Only. The VValls Service will not provide any medical, financial, legal, or other advice. All content on the VValls Service is for informational purposes only, and not as a specific directive to undertake a given action.
3. Your Account and Account Communications
Dot Dash 3 may communicate with you by email or posting notice on the VValls Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for informational or operational purposes, such as billing, account management, or system maintenance.
Electronic Notices. By using the VValls Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the VValls Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the VValls Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
4. Dot Dash 3's Content Ownership and Use
Dot Dash 3 owns all of the content we create, but you may use it while you use the VValls Service. You cannot use our logo without our written permission. You can only link to our site if you display our page in full in a new window. With the exception of the projects VValls site allows you to generate an embed link for, no other components of the VValls site may be embedded on any other pages.
The contents of the VValls Service may include: digital downloads, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other VValls content (collectively, "VValls Content"). All VValls Content and the compilation (meaning the collection, arrangement, and assembly) of all VValls Content are the property of Dot Dash 3 or its licensors and are protected under copyright, trademark, and other laws.
License to You. Dot Dash 3 grants you, subject to these Terms, a limited license to access and use the VValls Service and the VValls Content solely for the use of Dot Dash 3's services, at Dot Dash 3's discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the VValls Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original VValls Content on any copy you make of the VValls Content.
VValls Marks. VValls, the VValls logo, and other VValls logos and product and service names are or may be trademarks of Dot Dash 3 (the "VValls Marks"). Without Dot Dash 3's prior written permission, and except as solely enabled by any link as provided by Dot Dash 3, you agree not to display or use in any manner the VValls Marks.
Linking Policy. If you choose to link to the VValls Service, you may only do so with a link that opens a new tab or window and displays a full formatted HTML version of the site, unmodified and not surrounded by any third-party content, logos, or marks. With the exception of the projects VValls site allows you to generate an embed link for, you may not embed any portion of VValls Service content into a page without seeking written permission from Dot Dash 3.
5. Pricing of Services and Payment Terms
DOT DASH 3 RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
6. Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you create using the VValls Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better or to add our logo to it.
It is very important that you have permission to use other people's content or they may be able to sue you for violating their legal rights.
Dot Dash 3 Claims No Ownership. The VValls Service may provide you with the ability to create, post, or share content, including reviews, comments, or photos ("Your User Content"). Dot Dash 3 claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the VValls Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the VValls Service, any right, title, or interest in or to such content delivered via the VValls Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the VValls Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the VValls Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the VValls Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the VValls Service.
The VValls Service contains content from users and other Dot Dash 3 licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the VValls Service.
7. Copyright Policy
Let us know if you think a user has violated your copyright using the VValls Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the VValls Service infringe your copyright, you (or your agent) may send Dot Dash 3 a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
ii) Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the VValls Service are covered by a single notification, a representative list of such works);
iii) Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Dot Dash 3 to locate the material on the VValls Service;
iv) Your name, address, telephone number, and email address (if available);
v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Dot Dash 3 a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the VValls Service should be sent to email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
8. Suggestions and Submissions
Don't send us your great ideas for a new business or functionality. If you do, we can use them without compensating you.
Dot Dash 3 appreciates hearing from its users and welcomes your comments regarding the VValls Service. Please be advised, however, that Dot Dash 3 does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While Dot Dash 3 values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Dot Dash 3 creative ideas, Dot Dash 3:
i) Shall own, exclusively, all now known or later discovered rights to the creative ideas;
ii) Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
iii) Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
9. User Content Disclaimers, Limitations, and Prohibitions
Dot Dash 3 does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users ("User Content"). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk.
A. Prohibited VValls Service Uses
Don't do bad things with the VValls Service, try to break it, or steal our hard work.
You agree to use the VValls Service only for its intended purpose. You must use the VValls Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the VValls Service are prohibited. You may not:
i) Resell or make any commercial use of any VValls Service or VValls Content;
ii) Collect or use any product listings, descriptions, or prices;
iii) Download or copy any information on the VValls Service, including account information, for the benefit of another merchant;
iv) Make any derivative use of the VValls Service or VValls Content;
v) Aggregate, copy, or duplicate any VValls Content;
vi) Use data mining, robots, or other data gathering devices on the VValls Service;
vii) Remove, disable, damage, circumvent, or otherwise interfere with the security of the VValls Service;
viii) Interfere or attempt to interfere with the proper working of the VValls Service;
ix) Gain unauthorized access to the VValls Service or computers linked to the VValls Service;
x) Reverse engineer or attempt to reverse engineer the VValls Service;
xi) Frame or link to the VValls Service without permission;
xii) Attempt to or submit a virus to the VValls Service;
xiii) Take any action imposing an unreasonable or disproportionately large load on VValls's infrastructure;
xiv) Attempt to or obtain unauthorized access to other users' accounts;
xv) Sell, transfer, or assign any of your rights to use the VValls Service to a third party without the express written consent of Dot Dash 3;
xvi) Use the VValls Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to Dot Dash 3 or others;
xvii) Use the VValls Service in an illegal way or to commit an illegal act;
xviii) Access the VValls Service from a jurisdiction where it is illegal, unauthorized, or penalized;
xix) Control an account if another account controlled by you has performed these activities or otherwise breached these Terms;
xx) Post information on behalf of another person or entity without their consent; or
xi) Post incomplete, false, or misleading information in a user profile, impersonate another person, or misrepresent your affiliation with a person or entity.
10. Your Log-In Credential Information
You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Dot Dash 3 immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Dot Dash 3 will not be liable for any loss or damage arising from unauthorized use of your credentials.
11. Consequences of Violating These Terms
If you don't act acceptably, we may remove your content and terminate your account.
Dot Dash 3 may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the VValls Service.
Dot Dash 3 reserves the right to suspend or terminate your account and prevent access to the VValls Service for any reason, at its discretion. Dot Dash 3 reserves the right to refuse to provide the VValls Service to you in the future. Perpetual licenses granted by you to Dot Dash 3 remain in full force and effect.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by Dot Dash 3 or others caused by or arising out of your breach of these Terms and your use of the VValls Service.
12. Dot Dash 3's Liability
We are not liable for anything our users do when using the VValls Service. We may also change the VValls Service at any time and are not liable for how this may affect you. We don't guarantee the quality or accuracy of any content you view using the VValls Service or other websites.
Changes to the VValls Service. Dot Dash 3 may change, suspend, or discontinue any aspect of the VValls Service at any time, including hours of operation or availability of the VValls Service or any feature, without notice or liability.
User Content. Dot Dash 3 does not control User Content and does not have an obligation to monitor it for any purpose. Dot Dash 3 has no obligation to make User Content available through the VValls Service. Dot Dash 3 may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but Dot Dash 3 assumes no responsibility for doing so. Dot Dash 3 assumes no responsibility for the conduct of users or other third parties.
Dot Dash 3 reserves the right, in its sole discretion, to remove Your User Content, and Dot Dash 3 does not assume any obligation to remove it. To the extent permitted by law, Dot Dash 3 disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall Dot Dash 3 be liable for the deletion, loss, or unauthorized modification of any User Content.
Dot Dash 3 is not liable for any User Content that may infringe intellectual property rights or violate other laws. Users are solely responsible for the content, such as media, including images, video, audio, documents, and other, they include in their projects and "VValls Profile."
User Disputes. Dot Dash 3 is not responsible for any disputes or disagreements between you and any other user. You assume all risk associated with dealing with other users. You agree to resolve disputes directly with the other party. You release Dot Dash 3 of all claims, demands, and damages in disputes among users of the VValls Service. You also agree not to involve Dot Dash 3 in such disputes. Use caution and common sense when using the VValls Service.
Content Accuracy. Dot Dash 3 makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the VValls Service, including recommendations made to you based on your "VValls Profile." Similarly, Dot Dash 3 makes no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the VValls Service. Use the VValls Service at your own risk.
Third-Party Websites. The VValls Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. Dot Dash 3 is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and Dot Dash 3 disclaims all liability arising from your use of them.
Dot Dash 3 makes no promises and disclaims all liability of specific results from the use of the VValls Service.
Released Parties Defined. "Released Parties" include Dot Dash 3 and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the VValls Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE VVALLS SERVICE IS AT YOUR SOLE RISK, AND THE VVALLS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE VVALLS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE VVALLS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE VVALLS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VVALLS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE VVALLS SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VVALLS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the VValls Service. If you use the VValls Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOT DASH 3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE VVALLS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE VVALLS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE VVALLS SERVICE; (v) YOUR RELIANCE ON RECOMMENDATIONS MADE BY DOT DASH 3; OR (vi) ANY OTHER MATTER RELATING TO THE VVALLS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, DOT DASH 3'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE VVALLS SERVICE OR YOUR USE OF VVALLS'S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the VValls Service, (ii) your use of or reliance on any VValls Content, or (iii) your breach of these Terms. Dot Dash 3 shall provide notice to you promptly of any such claim, suit, or proceeding.
13. General Terms
These Terms constitute the entire agreement between you and Dot Dash 3 concerning your use of the VValls Service. The failure of Dot Dash 3 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
14. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the VValls Service.
These Terms and the relationship between you and Dot Dash 3 shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Dot Dash 3 agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Dot Dash 3 Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue Dot Dash 3 in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
o YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
o YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
o YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.