VMS User Terms and Conditions (T&Cs) (VMS Website Agreement)
The terms and conditions below (the "Terms of Service") govern your access to and use of the Viral Marketing Service (hereinafter referred to as VMS) websites, mobile applications, products, and services (collectively, the "Site"), excluding any services provided to you by VMS under a separate written agreement. The Terms of Service constitute a legal agreement between you and VMS. You agree to the Terms of Service by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Service.
a. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "VMS" refer to Viral Marketing Service Inc., a Nevada corporation.
b. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "VMS Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than VMS or its users, such as data providers who license data to VMS for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and VMS Content.
2. VMS and its logo are registered trademarks and cannot be used by any User without the written consent of Viral Marketing Service, Inc.
3. The User assumes all responsibility and risk associated in using the Service, and VMS shall not be liable for any damages whatsoever resulting from said use. The User has the responsibility to evaluate the usefulness and value of any services, merchandise or any other information provided through the Service.
4. Site User could have access to or participate in submitting Content to the site. Any such submissions become the property of VMS and can be used by VMS as deemed appropriate. Any content submitted by User must be professionally written and in good taste. VMS, at its sole discretion, can reject or remove any Content posted by User that is deemed not appropriate or contributes no value to the site.
5. Content contained and posted on the Site, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the VMS Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the VMS Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the VMS Content are retained by VMS.
6. VMS reserves the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. VMS makes no expressed or implied warranty as to the merchantability of content or programming accessed through use of the Service.
8. VMS will not be liable for any incidental, consequential, direct or indirect damages arising out of the use of or inability to use the Service. If there is a variance in state law, then the liability of VMS is limited to the greatest extent permitted by law.