Last revised: April 15, 2013 Acceptance of Terms
1. License. Victoria Productions has the sole authority and discretion to license to you the Applications, which licenses are also governed by the terms of the Licensed Application End User License Agreement found under "Terms of Service" in the iTunes Store for Applications on Apple platforms or, as applicable, the "Terms of Service" in the Android Market on Android platforms (collectively, "Other Agreements"). These TOS amend and supplement the Other Agreements and to the extent that these TOS contradict or are inconsistent with the Other Agreements, these TOS control and prevail. We reserve the right to change, modify, and update any Application at any time for any reason, with or without advance notice to you. We reserve the right to refuse service to anyone and to discontinue or suspend the Applications or Site at any time. We also reserve the right to deny you access to any Application or Site due to your objectionable conduct or practices, complaints about you from other Users or members of the public, and other reasons which we consider, at our sole discretion, to be objectionable, harmful or disruptive.
2. User Signup. We provide the Applications for your personal use. You are authorized to download the Applications via the iTunes App Store or the Android Market. You acknowledge that by downloading an Application via the iTunes App Store or the Android Market, you are subject to their respective policies, terms of service and other related policies and procedures. You are not required to register with us separately in order to download an Application.
In consideration of your use of one or more Applications and the Site, you represent that you are of legal age to agree to these TOS and to form a binding contract with us, and that you are not a person barred from receiving accessing or using any Applications under the laws of the United States or other applicable jurisdiction. We cannot and will not be liable for any loss or damage arising from any unauthorized use of any Application or your User Devices.
3. Your Representations and Covenants. Your use of each of the Applications and the Site is strictly subject to the following code of conduct at all times. By using an Application and/or the Site, you represent and covenant that you will not:
We may remove and/or block transmission of any Content or information that you transmit using an Application and/or Site if we believe it breaches the above representations and covenants. We may also, at our sole discretion, with immediate effect and without advance notice to you, restrict or terminate your access to any Application and/or Site, upon your breach of any of the above representations and covenants. All judgments concerning the applicability of the above terms to your activity shall be at our sole and exclusive discretion.
4. Release of Claims. WE PROVIDE THE APPLICATIONS AND THE SITE FOR YOUR PERSONAL USE AND WE DO NOT ACCEPT RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY OR DAMAGES ARISING FROM, ANY COMMUNICATIONS AND RELATIONSHIPS BETWEEN USERS. IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE US (AND OUR DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
5. Intellectual Property Rights. "Victoria Productions" and all other trademarks, service marks, slogans, tag lines, graphics and logos used in connection with Victoria Productions, the Applications and/or the Site are trademarks or registered trademarks of Victoria Productions, Inc. or its affiliates. Other trademarks, service marks, graphics and logos used in connection with the Site or platform may be the trademarks of other third parties. Your use of the Applications or the Site in no way grants you any right or license to reproduce or otherwise use any of our trademarks, third-party trademarks, or any content developed by us or by third parties, except for the normal use of such marks as part of your authorized use of an Application. All use of any such marks shall inure to the owner thereof.
7. Termination. These TOS are terminable at any time by either party. If you terminate these TOS, you agree to no longer access or use any Application or the Site and you must delete all copies of all Applications from all User Devices in your possession. Should you choose to re-access any Application and/or the Site in the future, your use will be deemed as your acceptance of the TOS in effect at the time when you re-access that Application and/or the Site.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE AN APPLICATION OR THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS, THE APPLICATIONS AND/OR THE SITE WILL NOT EXCEED TWENTY DOLLARS ($20). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ALL SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Disclaimer of Warranties. WE ARE PROVIDING THE APPLICATIONS AND THE SITE TO YOU "AS IS". WE DO NOT GUARANTEE THAT YOUR USE OF THE APPLICATIONS OR THE SITE WILL BE SAFE OR SECURE. USE OF ALL APPLICATIONS AND THE SITE IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS AND THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF, ACCESS TO, ENJOYMENT OF THE APPLICATIONS AND THE SITE, THAT THE FUNCTIONS CONTAINED IN THE APPLICATIONS OR THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY APPLICATION OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN AN APPLICATION OR THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN APPLICATION, THE SITE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification. You agree to indemnify, defend and hold harmless, Victoria Productions, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these TOS or of any applicable law by you, or due to or arising out of (i) any Content you submit, post, transmit, distribute, publicize or otherwise make available through an Application, or (ii) any of your actions or omissions when using an Application and/or the Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
11. Governing Law, Language. These TOS will be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents, without regard for conflict of laws principles. English shall be the governing language for these TOS.
12. Venue; Agreement to Exclusive Jurisdiction; No Obligation for User Disputes. You agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to these TOS or the use of any Application or the Site exclusively in a state or federal court located in New York County, New York, U.S. You hereby agree to submit to the personal jurisdiction of the courts located in New York County, New York, U.S. for the purpose of litigating all such claims.
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
13. Notices. Unless specifically provided otherwise, all notices to us under these TOS must be provided by certified U.S. mail at the sending party’s expense. We may also provide notice to you by push notification in an Application. Notice sent by mail shall be deemed given three (3) days after the date of mailing or on the date of push notification transmission. Our address for notices is: 76 Beaver Street, 11th Floor, New York, New York 10005, Attn: Legal Department.
15. Amendments. We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOS at any time. You can find the most recent version of these TOS at http://vproductions.net/tos.php, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of these TOS whenever you use any Application or the Site to check if they have been updated. You must review these TOS on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised TOS, your sole recourse is to immediately stop all use of all Applications and the Site. Your continued use of any Application or the Site following the posting of modifications will constitute your acceptance of the revised TOS. Should you have any questions regarding the use of an Application, please contact us at: firstname.lastname@example.org. None of our employees or agents have the authority to vary any of our Policies or these TOS.
16. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party’s right to act with respect to subsequent or similar breaches.
17. Assignment. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
18. Legal Enforcement. We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. You agree that we have the right without liability to you to disclose any of your personal information to law enforcement authorities, government officials and or a third party as we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. Nothing in these TOS shall prevent us from complying with applicable laws.
19. Third Party Beneficiary Rights. These TOS do not confer any third party beneficiary rights.
20. Survival. The following sections shall survive the termination of these TOS: Sections 3 through 24.
21. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
22. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these TOS shall continue in full force and effect.
23. Entire Agreement. These TOS and all Policies incorporated herein constitute the entire agreement between the parties with respect to the use of the Applications and Site and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
24. Digital Millennium Copyright Act. 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 United States copyright law. If you believe in good faith that Content transmitted through any Applications and/or the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the Content or block access to it. Please provide the following information: (i) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) information reasonably sufficient to permit us to locate the copyrighted work; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices may be sent to our designated Copyright Agent solely at the following postal address or email address:
Victoria Productions, Inc.
Attn: DMCA Copyright Agent
76 Beaver Street
New York, NY 10005
USA, Attn: DMCA Copyright Agent
We suggest that you consult your legal advisor before filing a notice or counter-notice. We shall have the right to transmit the notification to the User who has transmitted or received the allegedly infringing material, and to transmit any counter-notification to the complaining party. We reserve the right at our sole discretion to suspend, terminate or disconnect any User’s access to and use of any Application if we suspect that such User has engaged in more than one instance of copyright infringement.