We need you to give us some information about you. We're not the CIA or the KGB, and we won't be doing anything sinister with that data - promise. We don't like the idea of people lying about themselves to set up accounts - We're looking at you Tricky Dick. We'd also quite like it if you didn't impersonate other people. If you suspect someone else is impersonating you then let us know.
Sorry Kiddos! If you're under 13, you're awesome for reading all this, but this site and app aren't for you. We do not collect information from children under 13. Please come back when you're 13.
On Facebook? Us too (like us www.facebook.com/vyclone). We've built Vyclone to allow you to log in with your Facebook account - one less password to remember. But please don't go blurting your password out to anyone else - it's your responsibility to keep your password safe. We take privacy very seriously and we recommend you do too!
The Vyclone app will automatically collect information about your location wherever (and we mean wherever) you use the app to shoot a Vyclone movie. Let's contextualize. Say you happen to be sitting in the Oval Office. First, nice job. But then, think about that. Do you want us to know that you are there? Do you want us to know what you are up to? Doubt it. So don't use the app, wait until you get to the ball game or the Shins gig that evening, yeah. What happens in Vegas... you hear us?
Say you shoot a movie and it's awesome but you want to keep it for yourself and your buddies. No problem. Choose what content you want to share on the Vyclone website and whether you want it to be publicly shared, viewable and editable. Who said we weren't nice? When you choose to submit your content just decide if you want it to be public or private. If you choose neither though, then we'll make it public.
By choosing to publish the content to the Vyclone website through the app, you are granting pretty much everyone else the right to use, edit and view your content. It's 21st Century sharing, and we hope you like that. If you don't, then choose private when you submit your content to the Vyclone website through the app. Got it? Yes? Super.
We appreciate people who respect the rights of others, especially when using the Vyclone app and the Vyclone website. Don't use Vyclone to violate laws, rules or regulations, including, infringing copyright, trademark or other intellectual property rights of others, or violating the privacy or publicity rights of others. And this bit is really important... when you post a movie publicly available.
To download and use the Application and/or access and use the Site and services offered on the Site, (i) You must not be a minor or, (ii) if You are a minor, You must be least 13 years old and have Your account created and registered for You by Your parent or guardian or have received permission from a parent or legal guardian to enter into this Agreement and to download and use the Application and/or use the Site and services offered on the Site after You have reviewed the terms and conditions of this Agreement with him or her and discussed any questions that You may have. This Agreement will be void and without effect, and You will not be entitled to use the Application and/or the Site if You do not satisfy these requirements. By continuing with the installation process, You represent that You are of majority age or, if you are a minor, that Your account was created and registered by Your parent or guardian or that You have received Your parent(s) or legal guardian's permission to download and use the Application and/or the Site and services offered on the Site under the terms and conditions of this Agreement and Your parent or legal guardian has joined You in executing this Agreement. Further, if You are a parent who is registering for a child, You hereby agree to bind Your child to these terms and to fully indemnify and hold harmless Vyclone if Your child breaches or disaffirms this Agreement.
When providing information to Vyclone to receive access to download the Application or to register for an account on the Site, You must provide, maintain and update true, accurate, current and complete information. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify Vyclone of any unauthorized use of your username, password or any other account information, or any other breach of security that you become aware of involving or relating to the Application and/or the Site. Subject to applicable law, we may suspend or terminate your account and your ability to use the Application or the Site or services offered on the Site, or any portion thereof, for your failure to comply with any term of this Agreement, or for any other reason whatsoever in Vyclone's sole discretion.
(b) License Restrictions. You may not, nor permit any third party to: (i) download or use the Application on any device other than the Participant Device, (ii) rent, lease, loan, sell, sublicense, distribute, disclose or otherwise transfer the Application, or any copy thereof, (iii), alter, merge, edit, modify, translate, adapt in any way or prepare any derivative work based upon the Application, (iv) reverse engineer, alter, modify, disassemble, decompile or otherwise derive any source code from the Application, or any part thereof, without Vyclone 's prior written consent, (v) use the Application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (vi) publish or disclose to third parties any evaluation of the Application without Vyclone's prior written consent.
(c) You agree not to use the Application or the Site for any commercial use, without the prior written authorization of Vyclone, except as expressly specified in this Agreement. Prohibited commercial uses include any of the following actions taken without Vyclone's express approval: (i) sale of access to the Application or the Site or the services offered on the Site on another website; (ii) use of the Application and/or the Site or the services offered on the Site for the primary purpose of gaining advertising or subscription revenue, or (iii) the sale of advertising, on the Site or any third-party website, targeted to the content of Vyclone Content or Vyclone Community Member Content (both as defined below). Prohibited commercial uses do not include: (1) uploading an original video through to the Site, or linking to your website from Vyclone to promote your business or artistic enterprise; (2) showing videos on an ad-enabled blog or website, provided the primary purpose of using the Application is not to gain advertising revenue or compete with Vyclone; or (3) any use that Vyclone expressly authorizes in writing.
(a) Definitions. "Content" includes videos, files, images, photos, sounds, musical works, works of authorship, text and any other materials or information. "Your Content" includes any Content provided by You to Vyclone or other users that is transmitted through Your use of the Application and/or otherwise posted by You to the Site.
(b) Ownership of Your Content. You represent, warrant and covenant that: (i) you own or otherwise have the right to grant the licenses set forth in this Agreement for Your Content, (ii) you have obtained, and will maintain, all appropriate licenses, releases, consents, permissions and clearances to enable Vyclone and/or other Application and Site users to exercise the rights granted herein and (iii) Your Content does not infringe, misappropriate or violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity or violate any applicable laws, rules or regulations, and the Your Content that You transmit through the Application and post on the Site through the Application will not contain third party copyrighted material or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the license rights set forth herein. You have full responsibility for Your Content, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR CONTENT THAT YOU SUBMIT TO VYCLONE AND/OR THROUGH THE APPLICATION.
(c) License to Vyclone. By using the Application and/or the Site or services offered on the Site, you hereby grant to Vyclone and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sub-licensable (with the right to sublicense through multiple tiers of licensees) and transferable (in any media formats and through any media channels, whether known or not currently known and invented) ("License") to use, re-format, create backup copies, modify, reproduce, create derivative works of, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform, derive renumeration from, and otherwise exploit Your Content, in whole or in part, (including, without limitation, all patent, trademark, trade secret, copyright or proprietary rights in and to such Your Content) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content, including, without limitation, making Your Content available to the other users of the Application and the Site and services offered on the Site and to include Your Content in Vyclone's promotional and marketing materials. You agree that Vyclone may exercise the License granted by You without notice, payment or attribution to You. You understand that Vyclone does not guarantee any confidentiality with respect to any Your Content that You submit. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Vyclone, are responsible for all of Your Content that you make available on or in the Site, the Application, or the related services, whether publicly posted or privately transmitted. You agree that Vyclone is not obligated to make any of Your Content or any other user's Content available on the Site or Application.
(d) License to Other Application Users. By using the Application and/or the Site or services offered on the Site, You also hereby grant all other users of the Application and the Site and services offered on the Site, a non-exclusive, worldwide, perpetual, irrevocable license to use, re-format, create backup copies, modify, reproduce, create derivative works of, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Content (including, without limitation, all patent, trademark, trade secret, copyright or proprietary rights in and to such Your Content,, including, without limitation, in connection and as part of such users' own Content. You acknowledge and agree that a user of the Application and/or the Site and services offered on the Site can exercise the foregoing rights without further notice, payment or attribution to You.
(e) Public Use. Except for any of Your Content that You expressly designate during the submission process as being private and only shareable and editable by certain designated users of the Application and the Site who are part of Your network of friends on the Site, You understand, acknowledge and agree that You submit Your Content on a "public' basis (i.e., Your Content will be accessible to, viewable by and editable by all users of the Application and the Site and services offered on the Site). For the avoidance of doubt, any of Your Content that You do not expressly designate as being private during the submission process is provided on a non-proprietary and non-confidential basis, and will be generally accessible by other users of the Application and the Site and services offered on the Site. Be sure that any information or material that You include in Your Content that You choose to share with Vyclone or some or all other users of the Application and/or the Site and services offered on the Site is information or material that you are comfortable with sharing with others. If you are not comfortable with sharing any portion of the information or material that is included in Your Content, do not submit Your Content through the Application.
(f) No Back Up of Content. Vyclone encourages You to maintain Your own backup of any Your Content that You submit through the Application and post to the Site through the Application. Vyclone is not a backup service, and Vyclone will not be liable for any loss of, modification, suspension or discontinuation of any Content offered on or through the Site, including, without limitation, Your Content.
(g) Vyclone Content and Vyclone Community Member Content. The Site contains Content owned by Vyclone or its licensors (other than other users of the Application and/or the Site) ("Vyclone Content") and Content that certain other users of the Application and/or the Site ("Vyclone Community Members") have permitted other users of the Application and/or the Site to use pursuant to the license granted above ("Vyclone Community Member Content"). You may use the Vyclone Content or Vyclone Community Member Content only in connection with the Application and the Site and the services offered on the Site, and You may link to, use, copy, publicly display, publicly perform, communicate, distribute or otherwise exploit the Vyclone Content or Vyclone Community Member Content in or on any third party website (including, without limitation, a website owned or controlled by you or another Vyclone Community Member). Vyclone hereby grants You a limited, revocable, non-sublicensable, non-transferable, personal license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute the Vyclone Content on or through the Site and services offered on the Site and/or in Your Content solely in connection with your personal use of the Application and the Site and the services offered on the Site. Except for the rights expressly granted under this Agreement, you have no other rights to the Vyclone Content or Vyclone Community Member Content.
(a) Personal Responsibility. Personal Responsibility. You understand that deciding whether to use the Application and/ or the Site and services offered on the Site and/or to submit any of Your Content through the Application is Your personal decision for which You alone are responsible. You understand that Vyclone does not and cannot make representations, promises or warranties as to the suitability of any individual You may decide to interact with on the Site and/or the suitability, quality, accuracy, timeliness, legality of any Content on the Site that You may decide to use and/or any feedback and/or results provided by any other user of the Application and/or the Site or services offered on the Site. You understand and acknowledge that You may be exposed to Content through the Application and/or on the Site that is inaccurate, offensive, indecent, or objectionable. You hereby waive any and all legal claims against Vyclone in connection with the Application, the Site and/or any Content or services provided by or to You through the Application and/or the Site and services offered on the Site. We rely on each user to undertake necessary precautions and practices and use caution and common sense when using the Application, the Site and/or any Content or services offered on or through the Application and/or the Site.
(c) Indemnity. You agree to defend, indemnify, and hold Vyclone, its affiliates, officers, directors, agents, and other partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from: (i) Your use of and access to the Application and/or the Site; (ii) Your breach of this Agreement; (iii) Your Video Content; (iv) Your violation of any third party right, including, without limitation, any copyright, property, or privacy right; (v) Your violation of any applicable local, state, federal or international law, rule or regulation. This defense and indemnification will survive this Agreement and Your use of the Application.
(b) No Endorsement and Removal of Your Content. You acknowledge and agree that Vyclone neither endorses the contents of any user communications or Your Content (as defined below), nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights or violation of any other third party rights arising therefrom (including, without limitation, rights of privacy and rights of publicity) or any crime facilitated thereby. Vyclone does not knowingly permit copyright infringing activities and infringement of intellectual property rights on the Application and/or the Site or the services offered on the Site, and Vyclone may reject, refuse, delete or remove any of Your Content provided by You or transmitted through the Application and/or posted or made available on the Site, without notice to You, that Vyclone believes, in its sole discretion, violates any terms of this Agreement, provided that Vyclone shall have no obligation to do so or to monitor Your Content. Without limiting the generality of the foregoing, Vyclone shall have the right to remove any Content from the Site that is illegal, offensive, violates this Agreement and/or the rights of Vyclone or any other entity or person, harms or threatens the safety of any user of the Application and/or the Site or services offered on the Site or any other person; or creates liability for Vyclone, its licensors, suppliers, service providers, partner companies or any user of the Application and/or the Site or services offered on the Site. Vyclone reserves the right (but has no obligation) to investigate and take action in its sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, removing Your Content from the Site, terminating Your account, reporting You to law enforcement authorities, and taking legal action against You. Vyclone does not and cannot review all Content posted by You or other users of the Application and/or the Site or services on the Site. The foregoing prohibitions do not require Vyclone to monitor, police or remove any of Your Content or other information, material or content submitted by You or any other user. Vyclone reserves the right to retain a copy of any Content deleted from the Site in order to comply with applicable law, resolve disputes, enforce this Agreement and to take any other actions otherwise permitted by law that Vyclone deems necessary in its sole discretion.
(a) Notification. Vyclone respects the intellectual property rights of others, and we ask You to do the same. Vyclone may, in appropriate circumstances and at our discretion, terminate service and/or access to the Application and/or this Site for users who infringe the intellectual property rights of others. If you believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Vyclone's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Vyclone to locate the material.
Information reasonably sufficient to permit Vyclone to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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 and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vyclone's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail: North La Brea Avenue
Hollywood, CA 90028
Attn: Chief Executive Officer
By phone: (310) 296-6400
By e mail: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(b) Counter-Notification. If you are a user of the Site who uploaded or posted allegedly infringing material and who received notification to that effect from Vyclone, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Vyclone may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By mail: 6310 San Vicente Blvd., Suite 240
Los Angeles, CA 90048
Attn: Lindsay Salk
By phone: (310) 807- 8149
By e mail: firstname.lastname@example.org
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner is permitted to report potentially infringing items through Vyclone's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth above.
Only the intellectual property rights owner is permitted to report potentially infringing items through Vyclone's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth above.
The Application, the Site, the Vyclone Content and any services offered on the Site are proprietary to and the property of Vyclone or its licensors. All intellectual property rights in or associated with the Application, the Site, the Vyclone Content and any services offered on the Site are and will remain exclusively owned by Vyclone or its licensors. You agree to secure and protect the Application, the Site, the Vyclone Content and any services offered on the Site in a manner that will maintain and protect Vyclone's rights in the Application, the Site, the Vyclone Content and any services offered on the Site. You shall do nothing inconsistent with Vyclone's ownership rights in the Application, the Site, the Vyclone Content and any services offered on the Site. You agree to take all reasonable steps to protect the Application, the Site, the Vyclone Content and any services offered on the Site from loss or damage while in Your possession or under Your control or use.
To the extent that you provide Vyclone with any suggestions, information, ideas, or feedback concerning the Application, the Site or any services or Content on or in the Site, including, without limitation, through e-mails, comments or postings (collectively, "Feedback"), the Feedback will be the sole and exclusive property of Vyclone. You agree to assign and hereby assign to Vyclone all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Vyclone in perfecting and enforcing such rights.
(a) Vyclone does not proof, edit or change any of the Content on the Site, including, without limitation, any of Your Content or any Vyclone Community Member Content. Vyclone has no obligation to correct any (a) unfinished video content or any other errors or mistakes in any Content; (b) low resolution images that may appear blurry; (c) editing or design issues, including formatting, organization, style or color; or (d) other creative choices that You make. Vyclone is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Content or any Vyclone Community Member Content) transmitted through the Application and/or posted on the Site, whether such inaccuracies are caused by Vyclone, the Application, the Site or the users of any of the foregoing or by any of the equipment or programming associated with or utilized in connection with providing the Application, the Site and the services offered on the Site. Vyclone assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content submitted by users. Vyclone is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Application and/or the Site or combination thereof, including any injury or damage to users' or to any person's Personal Device or other computer or equipment related to or resulting from participation or downloading the Application or using the Site or any other Content or services offered on the Site. Under no circumstances shall Vyclone be responsible for any loss or damage, including personal injury or death or property damage, resulting from use of the Application, the Site or the services offered on the Site or from any Content posted on the Site or transmitted by or to users, or any interactions between users of the Application, the Site and/or services offered on the Site, whether online or offline.
(b) THE APPLICATION, THE SITE, THE SERVICES OFFERED ON THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, VYCLONE CONTENT AND VYCLONE COMMUNITY MEMBER CONTENT, IS PROVIDED "AS IS" AND VYCLONE MAKES NO WARRANTY OF ANY KIND REGARDING ANY OF THE FOREGOING. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, VYCLONE HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. VYCLONE DOES NOT WARRANT THAT THE APPLICATION, THE SITE, THE SERVICES OFFERED ON THE SITE OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, VYCLONE CONTENT AND VYCLONE COMMUNITY MEMBER CONTENT, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR THE SITE OR ANY SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR THE SITE OR ANY SERVICES OFFERED ON THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VYCLONE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(a) TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, IN NO EVENT SHALL VYCLONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR DISTRIBUTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE APPLICATION OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOSS OF USE OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, THE SITE OR ANY CONTENT OR SERVICES OFFERED ON THE SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATION, THE SITE OR ANY CONTENT OR SERVICES OFFERED ON THE SITE OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF VYCLONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT VYCLONE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(b) SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL VYCLONE'S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ALL DIRECT DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION, THE SITE OR ANY SERVICES OR CONTENT OFFERED ON THE SITE EXCEED ONE HUNDRED DOLLARS (US$100.00).
(c) ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL VYCLONE BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON THE APPLICATION, THE SITE OR ANY CONTENT OR SERVICES OFFERED ON THE SITE.
(d) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. VYCLONE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree there will be occasions when the Application, the Site and/or the services offered on the Site will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Vyclone, and that Vyclone will have no liability for your inability to access and/ or use the Application, the Site and/or services offered on the Site, or any portion thereof, during any of the foregoing events. Vyclone reserves the right to change, alter or vary the Application, the Site, the services offered on the Site and/or Content offered on or through the Site at any time without notice.
You hereby release Vyclone, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from participation or downloading the Application, the Site or any other Content or services in connection with the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Please read this carefully. It affects your rights.
This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Vyclone agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Los Angeles, California (USA) and the federal courts located in the Central District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Vyclone may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that re applicable to your use of the Website and the Services.
(a) Any other Dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the "Rules") and shall be administered by the Los Angeles, California office of JAMS (the "Administrator"). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be Los Angeles, California USA. The Dispute(s) shall be submitted to a single arbitrator ("Arbitrator") chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney's fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys' fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 12 of this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States Federal law.
(b) By using the Site, the Application, or the services in any manner, you agree to the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
YOU AND VYCLONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Application and/or the Site may provide links to or be linked to other web sites that are not Vyclone websites ("Third Party Web Sites") and certain functionality of the Application and/or areas of the Site may allow you to conduct transactions through such Third Party Web Sites. Vyclone is providing these links to you as a convenience, and Vyclone does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than Vyclone. Your dealings and communications through the Site with any party other than Vyclone are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT VYCLONE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference in the Application and/or on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Vyclone's endorsement or recommendation.
Vyclone is a trademark of Vyclone in the United States. Other trademarks, names and logos in the Application and/or on the Site are the property of their respective owners.
Unless otherwise specified in this Agreement, all information and screens appearing in the Application and on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Vyclone, Copyright © 2012 Vyclone, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You acknowledge that the laws and regulations of the United States may restrict the export and re-export of certain commodities and technical data of United States origin, including the Application. You agree that You will not export or re-export the Application without the appropriate United States or foreign government permits, authorization and/or licenses. Furthermore, Vyclone controls and operates the Site from its headquarters in the United States of America and the Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws, rules and regulations.
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Vyclone and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Vyclone.