- These terms and conditions (the “Agreement”) set out the terms and conditions of use by you the User (“You”) of the Vudini website and video service (the “Service“) and represents the entire Agreement between You and Vudini. By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement.
- In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account which you have established with Vudini, whether or not the transactions were on Your behalf.
- In using the Service You agree that You are aged 18 years or over. The Service is available only to persons who can make legally binding contracts under applicable law.
To begin the enrolment process, you must submit a complete and accurate application on the [us.Vudini.ai] website (the “Site” or “this Site”). For purposes of this Agreement, references to “Your Site” or means the website and/or mobile application which Vudini hosts on your behalf. You must identify Your Site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our absolute discretion.
You will not use this Site or the Services in a manner (as determined by Vudini in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of any person or entity;
- Violates the privacy or publicity rights of any person or entity, or breaches any duty of confidentiality that you owe to any person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Vudini or Vudini’s Services.
- You may not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Vudini.
- You may not access Vudini content or user content through any technology or means other than through this Site itself, or as Vudini may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. Vudini does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You agree to provide government-issued photo identification, proof of address or such other identity documents as we may request and/or government-issued business identification as required for verification of identity when requested.
- Vudini will provide You with the ability to create, manage and customise high quality videos, however, that You abide by the terms and conditions set forth herein and in each of Vudini’s policies and procedures.
The Service allows You to:
- add, access, manage and maintain promotional campaigns.
- You shall be solely responsible for providing, updating, uploading and maintaining Your Site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your Site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Service.
- Subject to the terms and conditions of this Agreement, Vudini shall attempt to provide the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Vudini may undertake from time to time; or (iii) causes beyond the control of Vudini or which are not reasonably foreseeable by Vudini, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Vudini has no control over the availability of the Service on a continuous or uninterrupted basis.
- You agree Vudini has no control over potential physical and practical constraints You may experience at an uncertain situation.
The Role Of Vudini
- Vudini provides a platform for users to create high quality videos, upload videos, customise videos and publish them on their social media like their YouTube Channels via the YouTube API.
- When a product / service is purchased through the website, the buyers will receive an invoice directly from Vudini.
- You agree You have provided accurate, current and complete information in the application process and that You will notify Vudini within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Vudini to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Vudini has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Vudini has the absolute right, in its sole discretion, to terminate the Service and close Your account.
- Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service (including, for the avoidance of doubt, the website and/or the app) and all rights are reserved by Vudini or its licensor. You agree that the names and logos of Vudini and all related product and service names, design marks and slogans, are the property of Vudini and that You are not authorised to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of Vudini.
- You are responsible for ensuring Your video content conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Vudini. You affirmatively acknowledge Vudini is relying on Your representation concerning Your proper use of all content on any web site You control.
- At all times, You shall bear full risk of loss and damage to Your video content, app and all of Your web site and app content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your video content; (ii) maintain independent archival and backup copies of Your video content; (iii) ensure the security, confidentiality and integrity of all Your video content transmitted through or stored by Vudini; and (iv) ensure the confidentiality of Your password. Vudini’s hosting services are not an archive and Vudini shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Vudini, whereupon Vudini shall suspend access to Your account by use of such password and issue a replacement password to You or Your authorized representative. Vudini will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You could be held liable for losses incurred by Vudini or another party due to someone else using Your account or password. If Vudini terminates Your Service, it may, at its own option, remove and destroy data and files stored by Vudini on Your behalf. Vudini has no obligation to monitor Your use of the Service but reserves the right in its sole discretion to do so.
- If you are hosting / uploading Your video content through our Site, You are responsible for ensuring there is no excessive overloading of the Site. You may not use the Service and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Hacking or other perpetration of security breaches is prohibited and Vudini reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Vudini prohibits the use of software or scripts which cause loading beyond a reasonable level, as determined by Vudini. You agree Vudini reserves the right to remove Your web site temporarily or permanently from its hosting service s if Vudini is the recipient of activities that threaten the stability of its network.
- Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You may have multiple accounts on Vudini, but Vudini strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. Vudini will not honor rewards from such accounts.
- Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to this Agreement.
You warrant and agree that any information you post or display shall:
- Be true, accurate, complete and lawful;
- Not be false, misleading or deceptive;
- Not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not violate any of Vudini’s policies or any other terms.
You warrant and agree that you shall:
- Carry on your activities on the website and the App in compliance with any applicable laws and regulations;
- Carry on your activities in accordance with this Agreement and any applicable additional agreements;
- Not use the Service to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- Not engage in spamming or phishing;
- Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- Not involve attempts to copy, reproduce, exploit or expropriate the Service various proprietary directories, databases and listings;
- Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Not involve any scheme to undermine the integrity of the data, systems or networks used by Vudini and/or the Service or gain unauthorized access to such data, systems or networks;
- Not engage in any activities that would otherwise create any liability for Vudini or our affiliates
Term, Termination, Modifications
- The term of this Agreement shall commence on the date You purchase the Service, and will continue in full force and effect as long as Vudini is providing the Service to You.
- You agree that You will be responsible for notifying Vudini should You desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided to Vudini no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, Vudini will automatically continue providing access to the Service indefinitely and will charge the payment method You have on file with Vudini, at Vudini’s then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. Vudini reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Service.
- You agree that Vudini may modify this Agreement from time to time. Vudini may also discontinue the Service. You agree to be bound by any changes Vudini may reasonably make to this Agreement when such changes become effective.
- Vudini shall have the right to terminate your use of the Service and/or your registration privileges at any time for any reason, including, but not limited to, your breach of this Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Vudini shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Vudini terminates your use rights, Vudini shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
- The terms mentioned herein shall not be changed by any one of you or your group. The same terms and conditions of use shall be applicable for all users.
Notice Of Copyright Or Intellectual Property Infringement
Please notify us if you believe any of your intellectual property rights have been infringed by a User of our services. Please email [email protected] for complaints and customer service inquiries.
Network Access & Devices
- You are responsible for obtaining the data network access necessary to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees.
- You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and any updates thereto. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Neither Vudini nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Vudini or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
- THE SERVICE IS PROVIDED BY Vudini (AND ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND PARTNERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITATION OF LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, (INCLUDING NEGLIGENCE) CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE) SHALL Vudini (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES (EVEN IF FORSEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE, APP AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE AND/OR APP OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE OR APP, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
- To the fullest extent allowed by applicable law, you agree to indemnify and hold Vudini, its affiliates, officers, agents, employees, service providers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of this Agreement . In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without the prior written consent of Vudini. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.
Monitoring Of Content; Account Termination Policy
Vudini generally does not pre-screen User Content (whether posted to a website hosted by Vudini or posted to this Site). However, Vudini reserves the right (but undertakes no duty) to do so and decide whether any item of content is appropriate and/or complies with this Agreement. Vudini may remove any item of User Content (whether posted to a website hosted by Vudini or posted to this Site) and/or terminate a your access to the Services found for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Vudini in its sole and absolute discretion), at any time and without prior notice. If Vudini terminates your access to the Services found at this Site, Vudini may, in its sole and absolute discretion, remove and destroy any data and files stored by Vudini on Your behalf.
Videorankme Reservation Of Rights
We reserve the right and sole discretion to determine whether the content and keywords of a video are illegal, prohibited, or otherwise not appropriate, and to cancel your Services. The promotion of the following is not allowed and includes, but is not limited to, the following:
- Copyrighted / Protected Content: Vudini does not allow the promotion of copyrighted or protected content as they mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.
- Dishonest Behavior: Vudini does not allow for the promotion of products or services whose purpose is to enable users to mislead or deceive.
- Capitalising on sensitive events: Vudini does not allow the promotion of content that may be deemed as capitalising on or lacking reasonable sensitivity towards a natural disaster, conflict, death, or other tragic event.
- Hatred & Intolerance: Vudini does not allow the promotion of content that incites or endorses hatred against others. Content that inappropriately discriminates against a person or group or that seeks to intimidate, exploit, or humiliate others.
- Shocking content: Vudini does not allow the promotion of content containing violent language, gruesome or disgusting imagery, or accounts of physical trauma. Content containing gratuitous portrayals of bodily fluids or waste. Promotions containing obscene or profane language or content that are likely to shock or scare.
- Threatened or extinct species: Vudini does not allow the promotion of content that may be interpreted as trading in or selling products derived from threatened or extinct species.
Additional Reservation Of Rights
- Vudini expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Vudini in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Vudini in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Vudini, its officers, directors, employees and agents, as well as Vudini affiliates, including, but not limited to, instances where you have sued or threatened to sue Vudini, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on Your Site.
- Vudini expressly reserves the right to terminate, without notice to you, any and all Services where, in Vudini’s sole discretion, you are harassing or threatening Vudini and/or any of Vudini’s employees.
- The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, (the “Content”) are either owned by Vudini or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface Vudini provides via the Website or App for use in accessing the Service. Your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce or use Vudini intellectual property.
- The Content is provided for general information only. It is not intended to amount to advice on which you should rely, therefore Vudini shall not be deemed liable for any damages or harm (both — economical and non-economical losses) thereof. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website or App.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.
- You will pay the Fees applicable to the Services (“Subscription Fees”). You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Vudini will charge applicable Fees to the credit card account that you authorize (“Authorised Card”), and Vudini will continue to charge the Authorised Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
- Subscription Fees are paid in advance and will be billed in regular intervals (each such date, a “Billing Date”), will be charged from time to time at Vudini’s discretion.
- If we are not able to process payment of Subscription Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Subscription Fees, plus the Subscription Fees applicable to your next billing cycle. You will not be able to access your account during any period of suspension. If the outstanding Subscription Fees remain unpaid for 60 days following the date of suspension, Vudini reserves the right to terminate your account.
- All Subscription Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Tax”). It is your responsibility to comply with Tax law and Vudini shall have no liability whatsoever in connection with your failure to comply with local Tax law.
- Vudini does not provide refunds.
Annual Software Licence Fee
- Unless the Customer has opted to purchase a monthly plan, the Customer will be charged for a Software licence annually.
The annual Software licence provides the Customer with:
- use of the Software for a minimum 12 calendar months;
- maintenance and operating costs of the Vudini’s servers; and
- selective System updates, improving the running and functionality of the Software.
- The first year of the Software licence is included within the price of purchasing the Software.
- Payment of the Software licence is due on the anniversary of the original account activation for each point of sale terminal.
- The Software licence fee is non-negotiable and is non-refundable in the event that this Agreement is terminated.
- The Software licence shall apply for a minimum period of 12 months (“Initial Term”) and will automatically renew for further 12 month periods (each a “Renewal Period”) unless and until a party provides the other party with written notice to cancel the Software licence at least 30 days before the start of the next Renewal Period, which shall take effect no earlier than the end of the Initial Term or the end of the then current Renewal Period. Upon the start of each Renewal Period, the Customer will be charged for the Software licence fees (at the then current rates) via the original billing method.
- The Customer acknowledges and agrees that upon the annual Software licence renewal date, the Customer will be required to upgrade to the then latest version of the Vudini’s Software platform.
Cancellation And Termination
- You may cancel your Account at any time by emailing [email protected] and then following the specific instructions indicated to you in Vudini’s response
Upon termination of the Services by either party for any reason
- Vudini will cease providing you with the Services and you will no longer be able to access your Account;
- Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- Any outstanding balance owed to Vudini for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- Your store Vudini account will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Vudini Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Vudini may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Nature Of Relationship
Modifications To The Service
The Company reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Service (or a part thereof) with or without notice. You agree that the Company shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Service.
- If you have any concerns about material which appears on the Service or if you believe that Content posted on the Service breaches the Agreement or is in any other way objectionable, please notify us by email to [email protected] specifying the full details of your concern or complaint, specifying the reasons for your concern or complaint making clear reference to any such Content.
- If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate your complaint and we will determine, in our discretion, what action (if any) to take. We will make all reasonable endeavours to respond to complaints received as soon as possible.
The Company shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms if and to the extent such delay or failure is caused by an event beyond the Company’s reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
In the course of providing you services and in respect of your use of the Service, we may need to communicate with you via email or any other contact details that you have submitted to us (if any). You agree to receive emails which are necessary for the normal functioning of the Service, including emails which help inform users about functionality. Notices given by the Company to you may be given by e-mail or by general posting on the Service or any associated Service.
A waiver by the Company of any breach by any user of any of the Agreement or the acquiescence of the Company to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto. A failure to exercise or delay in exercising a right or remedy provided by the Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by the Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- We do not sell or knowingly pass any personal information from your account to any third party, except information which is required to provide the service between you and our Partners and Service Providers. If you feel that your information has been compromised in any way, please report it immediately to us at.
- Your Data will not be shared with any third parties, save as necessary for the implementation and provision of the benefits offered by this service. Redemption or transactional information may be shared with us by our Partners, Suppliers and other relevant parties only.
Restrictions On Right To Use
You agree that you shall not (and you agree not to allow any third party to):
- Modify, adapt, translate, or reverse engineer any portion of the Service;
- Remove any copyright, trade mark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained via the Service;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating any database;
- Reformat or frame any portion of any web pages that are part of the Service;
- Create user accounts by automated means or under false or fraudulent pretences or create multiple log-ins;
- Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- Copy or store any content offered on the Service for any use other than your own;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- Use the Service, intentionally or unintentionally, to violate any applicable law;
- Impersonate any person or entity;
- Attempt to gain unauthorised access to the Service, its facilities and/or services or any accounts, computer systems and networks connected to the Service, its facilities and/or services through hacking, password miming or any other means;
- Post or use any material that is obscene, defamatory, seditious, indecent, offensive, incite racial hatred or incite a crime, be naming or scandalous or inappropriate;
- Harvest or otherwise collect by any means any programme material or information from the Service unless authorised under the Agreement or to monitor, mirror or copy any content of the Service without our prior written consent;
- Identify or speculate as to the identity of any anonymous or pseudonymous user; or
- Solicit passwords or personally identifying information for commercial or unlawful purposes.
- We reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on the Service at any time.
Consequences For Failure To Comply With The Agreement
Failure by you to comply with the Agreement may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Service;
- Suspension, restriction or limitation of any rights or permissions associated with a Fan;
- Take legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Other legal action against you; and/or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of the Agreement and restrictions of use. The responses described in the Agreement are not limited, and we may take any other action we reasonably deem appropriate.
Account Suspension And Termination
- We may terminate or suspend your access to use any and all services, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the Terms. In particular, we may terminate or suspend Accounts that have been flagged for suspected fraudulent activities.
- Upon termination of your access to use a service, including but not limited to suspension of your Account, right to use or access our services and any information associated with them will immediately cease and may result in forfeiture and destruction.
- Some provisions including but not limited to ownership provisions, warranty disclaimers, limitations of liability etc due to their nature shall survive termination of this Agreement. Termination of your access to and use of the services shall not relieve you from any obligations arising or accruing prior to such termination or limit any liability which they otherwise may have to Vudini or any third party.
- The Service is controlled and operated by the Company from its location in Ireland. The Company makes no representation that the Content is appropriate or available for use in other locations. Users who choose to access the Service in or from other locations do so on their own initiative and are responsible for compliance with local laws. Access to the Service from locations where the contents of the materials or the services or goods advertised on the Service are illegal is prohibited. If you access the Service you do so on your own initiative and at your own risk and you are responsible for compliance with the applicable laws and regulations of the location in which you access the Service.
- The Agreement shall be governed by and construed in accordance with Irish law and any dispute which may arise out of or in connection with the Agreement or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any relevant country. The rights and remedies contained in the Agreement are cumulative and not exclusive of rights or remedies provided by law.
- Without prejudice to the foregoing, the Company may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the Company may bring enforcement proceedings in another state on foot of an Irish judgement.
You acknowledge to defend, indemnify and hold Vudini, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an "Indemnified Party") harmless from and against any claim, disputes or demand, including reasonable attorneys' fees, made by a third party, relating to, or arising from:
- Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the services;
- Your wrongful or improper use of the services;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
- The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.
Vudini welcomes your questions or comments regarding the Terms: you can email us at [email protected].