VCM TECHNOLOGIES LTD
Last Updated September 30, 2022
If you are accessing or using the Service on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Service as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
These Terms form a legally binding agreement between you and us. BY USING OR ACCESSING THE SERVICE, YOU ARE CONFIRMING THAT YOU CAN FORM A LEGALLY BINDING CONTRACT WITH VCM TECHNOLOGIES, AND YOU ARE AGREEING TO COMPLY WITH THESE TERMS. YOU UNDERSTAND AND AGREE THAT WE WILL TREAT YOUR ACCESS OR USE OF THE SERVICE AS ACCEPTANCE OF THESE TERMS FROM THAT POINT ONWARDS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Service constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you sign into your Account (as defined below), or otherwise access, or use the Service. Therefore, we encourage you to review these Terms regularly.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND VCM TECHNOLOGIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND VCM TECHNOLOGIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Your Account.
1.1 Account Activation. To access and use the Service, you must register and establish an account (an “Account”). To register for an Account, you must: (a) be at least eighteen (18) years of age or older and (b) complete the Account registration form, providing true, accurate, current and complete information in the form requested by us (collectively, “Registration Data”); and (c) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Although we are not responsible for verifying Registration Data, if we have reasonable grounds to suspect that any of your Registration Data is untrue, inaccurate, or incomplete, we may suspend or terminate your Account and prohibit you from accessing or using the Service.
1.2 Account Eligibility. By using the Service, you represent that you are above the age of eighteen (18) years old. Additionally, we must not have previously disabled your account for a violation of law or any of our policies. By using the Service, you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these Terms.
1.3 Account Responsibility. You are solely responsible for any and all activities conducted under your Account. You agree to notify us immediately of any unauthorized use or any other breach of security on your Account. We shall not be liable for any loss incurred in connection with or resulting from any party’s unauthorized use of a password or an Account. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your Account or password are solely at your liability – accordingly, you are solely responsible for maintaining the confidentiality of your Account password, username, and any other credentials relating to your Account. Unauthorized use of another’s Account or password is strictly prohibited.
1.4 Disabling Accounts. We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Service or infringe or violate any third-party rights, or violate any applicable laws or regulations.
1.5 Account Deletion. If you no longer want to use our Service and would like your Account to be deleted, please contact us via email at email@example.com. Once you choose to delete your Account, you will not be able to reactivate your Account or retrieve any of the messages, content or information you have added, transmitted, or sent, unless permitted by law.
2. International Use.
(a) The Service provided by us are offered only in jurisdictions where it is legal to do so. The availability of Service over the Internet is not a solicitation for or offering of services to any person in any jurisdiction where such solicitation or offering is illegal. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
(b) We make no representation that the Service is appropriate or available for use in locations outside of United States, European Union or United Kingdom, or that accessing our website is legally permitted in countries or territories where the Service may be illegal. If you access the Service from other locations, you do so at your own risk and are responsible for compliance with local laws.
(c) If you are located outside the United States, you consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on or through the Service.
(a) DO NOT BASE ANY INVESTMENT DECISION UPON ANY MATERIALS FOUND ON THIS SERVICE. WE ARE NOT REGISTERED AS A SECURITIES BROKER-DEALER OR AN INVESTMENT ADVISER EITHER WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE “SEC”) OR WITH ANY STATE SECURITIES REGULATORY AUTHORITY. VCM TECHNOLOGIES MAKES THE INFORMATION AVAILABLE AS A SERVICE TO ITS USERS FOR INFORMATIONAL PURPOSES ONLY.
(b) The Service may include news and information, commentary, interactive tools, securities symbols and quotes, research reports and data concerning the financial markets, securities and other subjects (“Content’).
(c) The Content is for educational and illustrative purposes only and does not imply a recommendation or solicitation to buy or sell a particular security or to engage in any particular investment strategy.
(d) Companies that are not affiliated with us may supply some of the Content, including, but not limited to, the Board of Governors of the Federal Reserve System and the U.S. Bureau of Labor Statistics. We have not been involved in the preparation, adoption or editing of third-party Content and we do not endorse or approve such Content.
(e) Content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither VCM Technologies nor the Third-Party Providers are obligated to update any information or opinions contained in any Content, and we may discontinue offering Content at any time without notice. You agree that neither VCM Technologies nor the Third-Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Content. You will not “deep-link”, redistribute or facilitate the redistribution of Content, nor will you provide access to Content to anyone who is not authorized by VCM Technologies to receive such Content.
(f) Certain tools published on the Service may provide general information and guidance based upon your personalized input. The projections or other information regarding the likelihood of various investment outcomes are hypothetical in nature, are not guaranteed for accuracy or completeness, do not reflect actual investment results, and are not guarantees of future results.
(g) The calculations generated by our tools do not take into consideration all costs, such as commissions and margin interest, which may impact the results shown. It is your sole responsibility to select the criteria to enter in the tools, or to choose among the pre-defined screens, and to evaluate the merits and risks associated with the use of the tools before making any investment decisions. We are not responsible for any losses that occur from such investment decisions.
4. Service Availability.
(a) We cannot guarantee that the Service will be available at all times. We will make reasonable efforts to maintain the Service. However, we do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location or that the results that may be obtained from the use of the Service will be accurate or reliable; (b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Use of the Service is at your own risk.
(b) We reserve the right, in our sole discretion and without any obligation, to modify, improve, discontinue or correct any errors or omissions in any portion of the Service at any times.
(c) By using the Service, you agree that we are not responsible for any losses resulting from your use and acknowledge the following risks: (1) internet or wireless access may be delayed or interrupted, or may be unavailable; (2) data transmitted through the internet or wireless access may be intercepted by unauthorized persons; (3) your failure to physically secure your electronic device or to protect your passwords can result in unauthorized access to your account(s); (4) the accuracy and timeliness or completeness of data transmitted through the internet or wireless access cannot be guaranteed; and (5) response times may be delayed by market volatility, volume or systems capacity.
5. Third-Party Sites.
(a) The Service may include links to third-party websites and services. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. Such links do not constitute any endorsement by us or association with those websites or services, or their content or operators. We do not control any such websites, and are not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that we are not involved in the creation or development of third-party websites and disclaim any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that we have no obligation to monitor, review, or remove links to third-party websites, but reserve the right to limit or remove links to third-party websites on the Service, in our sole discretion. The use of any website controlled, owned, or operated by a third-party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Service.
(b) These third-party websites and services may request that you provide certain information such as credit card numbers, bank account numbers, and other sensitive financial information, to use such third-party websites and services. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. We have no control and make no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under our control, and that we are not responsible for any third-party’s use of your information.
6. Disclaimer Regarding Investment Decisions and Trading.
(a) All Content on this site is information of a general nature and does not address the circumstances of any particular individual or entity. The Service does not constitute professional and/or financial advice, nor does any Content constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. VCM Technologies is not a fiduciary by virtue of any person’s use of or access to the Service or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Content before making any decisions based on such Content.
(b) Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.
(c) Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any Content you receive through our Service.
7. Tax and Legal Advice. The Service does not and is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
8. Technology Requirements
(a) To access and use the Service electronically, you should have a functioning mobile device (such as a smartphone or tablet) on which you have installed our application. That application can be found for most mobile devices in the device’s respective “app store”. You are also able to access and use the Service with a personal computer equipped with a modem or other Internet access device. You are responsible for the selection, installation, maintenance and operation of your computer and mobile device, your telecommunications service provider, and your computer and mobile device software. We are not responsible for any errors, failures, or malfunctions of your mobile device and software or your telecommunications services. You are responsible for ensuring that your mobile device, software and telecommunications services are compatible with the Service. We reserve the right to change the system requirements for using the Service.
(b) The Service may automatically download and install software updates. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Service.
10. Messenger Function Between Users. The Service allows users to message, share, or otherwise communicate with, other users via the Service. You are solely responsible for the content or information that you transmit to or share with other users (collectively, the "User Content"). You shall not (and shall not permit any third party to) message, transmit, upload, download, post, otherwise distribute or facilitate distribution of any User Content on or through the Service, that:
(i) you did not create or have permission to transmit, message, or share;
(ii) infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates these Terms or any law or contractual duty (see our Notice of Infringement - DMCA policy below)
(iii) you know is false, misleading, untruthful or inaccurate;
(iv) defames, libels, ridicules, mocks, disparages, threatens, harass, intimidates or abuses anyone;
(v) attempts to impersonate any other party;
(vi) harvests or otherwise collects information about users without their consent;
(vii) uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
(viii) constitutes unauthorized or unsolicited advertising, junk or bulk email or pyramid schemes; or
(ix) includes anyone’s identification documents or sensitive financial information.
You acknowledge that VCM Technologies does not pre-screen, endorse or approve User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content that you message, transmit, or share on the Service to other Users.
11. Use Limitations. You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
(i) use branding, logos, icons, user interface or mobile application elements, designs, photographs, videos, or any other materials we make available via the Service, except as explicitly allowed by these Terms;
(ii) violate or infringe our affiliates’ copyrights, trademarks, or other intellectual property rights;
(iii) copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Service or the Content on the Service, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;
(iv) create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Service through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your Account;
(v) reverse engineer, duplicate, decompile, disassemble, or decode the Service (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
(vi) use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other users’ information;
(vii) use or develop any third-party applications that interact with the Service without our written consent;
(viii) use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service;
(ix) upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Service;
(x) attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access;
(xi) probe, scan, or test the vulnerability of our Service or any system or network;
(xii) violate any applicable law or regulation in connection with your access to or use of the Service; or
(xiii) access or use the Service in any way not expressly permitted by these Terms.
12. Intellectual Property Rights.
12.1 Rights We Reserve for Ourselves.
(a) The Service contains material that is derived in whole or in part from material owned by VCM Technologies as well as third parties. We expressly and exclusively reserve for our self (and our licensors) any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Service. The look and feel of the Service, including but not limited to any custom graphics, button icons, and scripts are also our property, and you may not copy, imitate, or use them, in whole or in part, without our prior written consent. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Service (but not apart from your use thereof).
(b) You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included on our website or as part of the Service are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other trademarks, names, or logos referenced on the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners.
(c) You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about our Service (collectively, “Feedback”). By submitting Feedback to us, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into our Service, create derivative works from, or otherwise exploit any such Feedback without any compensation to you.
12.2 Rights We Grant You.
(a) Subject to your full compliance with these Terms and any other usage policies that VCM Technologies may enact, from time to time, VCM Technologies grants you a personal, non-exclusive, revocable, worldwide, royalty-free, non-assignable, non-transferrable, and non-sublicensable license to use our website and downloadable mobile application for the sole purpose of accessing and using the Service.
(b) You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
13. Copyright Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on the Service may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit us to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us. Written notice must be sent to: firstname.lastname@example.org.
14. Apple App Store Subscriptions.
(b) If VCM Technologies offers a trial period, it is only possible to use the trial period once. Subscription payment begins after the end of your free trial period.
(c) All subscription types are renewed automatically. You can cancel the renewal option in the App Store within at least 24 hours before the end of your free trial period or the current payment date. The cancellation comes into effect at the end of the current billing period. At the same time, you retain access to the subscription from the cancellation moment until the end of the current billing period.
(d) Accounts may be charged for renewal up to 24 hours before the end of the current period.
15. Google Play Store Subscriptions.
(b) If VCM Technologies offers a trial period, it is only possible to use the trial period once. Subscription payment begins after the end of your free trial period.
(c) All subscription types are renewed automatically. You can cancel the renewal option in Google Play within at least 24 hours before the end of your free trial period or the current payment date. The cancellation comes into effect at the end of the current billing period. At the same time, you retain access to the subscription from the cancellation moment until the end of the current billing period.
(d) The payment is made according to the payment method that is linked to the user's account in Google Play. The subscription is made according to Google Play Account choice, which does not necessarily conform with the Google Account used to log in to the application.
16. Payment and cancellation of service via Website.
(a) Currently, access to our Service via our website is included in your Subscription to our mobile application Service. By accessing our Service via our website, you confirm that you have read and accepted our Terms. Additionally, VCM Technologies reserves the right, in its sole discretion, to require users to purchase a separate Subscription to access our Service via our website.
(b) If we do require, as the case may be, users to purchase a separate Subscription to access our Service via our website, then the following shall apply:
(i) By ordering any Subscription on our website you confirm that you have read and accepted our Terms and you authorize VCM Technologies to automatically charge your bank card according to the billing period manually selected by you.
(ii) All billing is recurring, which means you will continue to get billed until you cancel your Subscription. You are solely responsible for properly canceling your Subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time through our website.
(iii) Unless otherwise stated herein, your subscription will be automatically renewed at the then-current price, excluding promotional and discount pricing.
(iv) If you cancel the Service before the end of your current paid up period, your Subscription will remain active until the next due date. After the due date, if no payment received, your Subscription will be stopped.
(v) We do not offer refunds for recurring Subscription payments. If you have been billed for automatic renewal of the Service, you can cancel the subscription to avoid billing for next Subscription period.
(vi) Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.
(vii) VCM Technologies may use a third-party payment processor (a "Payment Processor") to bill you for your subscription to the Service. The processing of payments may be subject to the terms, conditions and policies of the Payment Processor in addition to this Agreement. VCM Technologies is not responsible for acts or omissions of the Payment Processor. Customer agrees to pay VCM Technologies, through the Payment Processor, all applicable Subscription payments and Customer agrees and authorizes VCM Technologies and Payment Processor to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your account.
17. Indemnity. Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, advisors, contractors, successors, and assigns harmless from any losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, due to or arising out of (a) your access to or use of the Service, or any website or services provided by a third-party made available through the Service; (b) your breach of these Terms or any applicable law or regulation; (c) your User Content, including infringement claims related to your User Content; or (d) your negligence or willful misconduct. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
18. Disclaimer of Warranties.
(a) The Service is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although we seek to maintain a safe, secure, accurate, and well-functioning Service, we cannot guarantee the continuous operation of or access to our Service, and there may at times be inadvertent technical or factual errors or inaccuracies.
(b) We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Service. We are not responsible for the loss of, damage to, or unavailability of any information you have made available through the Service, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Service.
(c) We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the Content made available through the Service. The Content provided through the Service is provided solely for informational, educational, or entertainment purposes. Before making any financial decisions or implementing any financial strategy, we recommend that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.
(d) We make no representations, warranties, or guarantees, express or implied, regarding any third-party website or service or advice provided by such third-party. We act solely as an information provider and expressly disclaims any and all liability for any content, products, or services provided by such third-party website or service provider.
19. Limitation of Liability. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ON LIABILITY APPLY TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, ADVISORS, AND CONTRACTORS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT RECEIVED BY US FROM YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $50.00. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
20.1 Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our support department at email@example.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
(a) Where the relief sought is ten thousand dollars ($10,000), or less, and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the Fair Claims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(b) Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Atlanta, Georgia. Where the relief sought is between $10,001 and $250,000, arbitration shall be before a single arbitrator in accordance with the JAMS Streamlined Arbitration Procedure Rules. Where the relief sought exceeds $250,000, arbitration shall be before a panel of three arbitrators in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 1201 W Peachtree, NW, Suite 2650, Atlanta, Georgia 30309; and (c) send one copy of the Demand for Arbitration to us at International House, 10 Beaufort Court, Admirals Way, London, E14 9XL, United Kingdom, ATTN: Legal. You will be required to pay $250.00 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
(d) The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(e) The parties further agree to submit to the personal jurisdiction of any federal or state court in Fulton County, Georgia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
20.3 Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
20.4 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
20.5 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to at firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days your first use of the Service; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
20.6 Changes to this Section.
(a) We will provide at least thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver Section by posting on our Service. Amendments will become effective thirty (30) days after they are posted on our Service.
(b) Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.
20.7 Arbitration Agreement Survival. This arbitration section shall survive the termination of your relationship with us.
21. Contact Us. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: email@example.com or to our applicable website and mobile application support page.
22.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Service, shall be governed by and construed and enforced in accordance with the laws of State of Georgia, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Fulton County, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.
22.2 No Conflicts. These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.
22.3 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and our obligations hereunder at any time, in our sole discretion.
22.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.
22.5 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
22.6 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Service) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
22.7 No Third-Party Beneficiaries. These Terms are personal to you and to us, and no third party shall be considered a beneficiary hereof, for any purpose.
22.8 No Agency or Employment. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
22.9 Equitable Relief. You acknowledge and agree that your breach of these Terms would cause irreparable harm to us, for which money damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.
22.10 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Service. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
VCM TECHNOLOGIES LTD
Last Updated September 30, 2022
2. Information We Collect and Receive. We collect information about you when you create an account and use the Service. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Service. We also collect information contained in the messages you send, share, or transmit through our Service. More information about the categories and sources of information is provided below.
2.1 Information You Provided to Us. We collect information that you decide to share with us. At times, we may require you to provide certain information in order to use our Service or provide you with certain parts of our Service.
2.1.1 Registering for an Account. If you establish an account with us, we may require you to provide your name, age, username and password, and email or phone number.
2.1.2 Contact Data. We also process any personal data you choose to give when corresponding with us by phone, email, our website or mobile application support function, or otherwise visiting and interacting with our website or mobile application.
2.1.3 Surveys, Contests, and Sweepstakes. When you complete any forms, respond to a survey or questionnaire, or participate in a contest, we collect the personal data you provide. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
2.1.4 Social Media Data. We have pages on social media sites like Instagram, Facebook, Twitter, and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect personal data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
2.2 Information We Obtain from Others. We may supplement the information we have about you with information received from other sources including from our Social Media Pages, social media websites themselves, and from other publicly available sources. Your activity on other websites and applications may be associated with your personal information in order to improve and customize our Service.
2.3 Information We Automatically Collect. We automatically collect certain information from you when you use the Service, including internet or other network activity information such as your Internet Protocol (“IP”) address, unique device identifiers, browsing and search history (including content you have viewed in the Services), and cookies and other technologies.
2.3.1 Automatic Data Collection. In order to improve, personalize, and optimize our Service and meet our legal obligations, we may automatically track certain information about your visits to and usage of our Service, including your browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), device identifier, domain name, clickstream data, referring/exist pages, geolocation, and a date/time stamp for your visit. We also use this information to analyze trends, administer the Service, gather demographic information about our user base, deliver advertising, perform research, provide technical and customer support, inform our product development efforts, protect our legal rights, address disputes, and prevent our Services from being used to commit harmful or unlawful activities, including fraud. Some of this information may also be collected so that when you use the Service again, we will be able to recognize you and optimize your experience accordingly.
2.3.2 Device Information. We may collect information about the devices you use to access our Service, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
2.3.3 Messages. We collect and process, which includes scanning and analyzing, information you provide in the context of composing, sending, transmitting or receiving messages through the Service’s messaging functionality. That information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication. Please be aware that messages sent to other users of the Service will be accessible by those users and that we are not responsible for the manner in which those users use or disclose messages.
2.3.4 Metadata. When you upload content, you automatically upload certain metadata that is connected to the content. Metadata describes other data and provides information about your content that will not always be evident to the viewer. In connection with your content, the metadata can describe how, when, and by whom the piece of content was collected and how that content is formatted. It also includes information, such as your account name, that enables other users to trace back the content to your user account. Additionally, metadata will consist of data that you chose to provide with your content, e.g. any hashtags used to mark keywords to the video and captions.
2.3.5 Crash and Error Information. If the Service crash or return an error, we may collect data to determine the cause of the error using first or third party services. The crash or error information collected may include the following: Device IP address, device name, operating system version, application configurations(s), the time and date, and other statistics.
2.3.7 Other Technologies. In addition, we use “pixel tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of web users. In contrast to cookies, which are stored on a computer’s hard drive or web browser, pixel tags are embedded invisibly in web pages. Pixel tags are often used in combination with cookies, trigger the placing of cookies, and transmit information to us or our service providers. This enables two websites to share information. The resulting connection can include information such as a device’s IP address, the time a person viewed the pixel, an identifier associated with the browser or device, the type of browser being used and the URL of the web page from which the pixel was viewed. Pixel tags also allow us to send email messages in a format that users can read, tell us whether emails have been opened, and help to ensure we are sending only messages that may be of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.
2.3.8 Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Service by going to http://tools.google.com/dlpage/gaoptout.
2.4 Information We Collect Specific to Our Mobile Application. If you use our mobile application, we also may collect the following information if you choose to provide us with access or permission. This information is primarily needed to maintain the security and operation of our mobile application for troubleshooting and for our internal analytics and reporting purposes.
2.4.1 Geolocation Information. We may request access or permission to track location- based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
2.4.2 Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, and device and application identification numbers. We may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our mobile application you accessed.
2.4.3 Push Notifications. We may request to send you push notifications regarding your account or certain features of the mobile application. If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.
3. How We Use Your Information.
(i) To fulfill requests for services, Service functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and to solicit your feedback;
(ii) To customize the content you see when you use the Service. For example, we may provide you with services based on the country settings you have chosen or show you content that is similar to content that you like or interacted with;
(iii) To improve and develop our Service and conduct product development;
(iv) To support the social functions of the Service, including to permit you and other users to connect and communicate with each other through the Service;
(v) To understand how you use the Service, including across your devices;
(vi) To infer additional information about you, such as your age, gender, and interests;
(vii) To help us detect abuse, fraud, and illegal activity on the Service;
(viii) To ensure that you are old enough to use the Service (as required by law);
(ix) To communicate with you, including to notify you about changes in our service;
(x) To announce you as a winner of our contest, sweepstakes, or promotions if permitted by the promotion rule, and to send you any applicable prizes;
(xi) To enforce our Terms, conditions, and policies;
(xii) Consistent with your permissions, to provide you with location-based services, such as personalized content;
(xiii) To combine all the information we collect or receive about you for any of the foregoing purposes; and
(xiv) For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
(b) We may aggregate and/or de-identify information collected through the Service and from other sources so that such information can no longer be linked to you or your device (“Aggregate/De- Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including, without limitation, for research and marketing purposes.
4. How We Share and Disclose Information.
4.1 Service Providers. We provide access to or share your personal information with select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your personal information for other purposes. They provide a variety of services to us, including, for example, payment processing, sales, marketing, Service content and features, advertising, analytics, research, customer service, data storage, IT, security, fraud prevention, and legal services.
4.1.2 Mobile Application Payment Information.
4.2 Business Partners. Sometimes we collaborate with other organizations and we may share your personal information to jointly offer products and services.
4.3 Your Consent. We may share your personal information for other purposes pursuant to your consent or with your further direction. If you choose to engage in public activities on the Service, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing personal information while engaging. We are not responsible for the information you choose to submit.
4.4 Aggregate/De-Identified Data. From time to time, we may share Aggregate/De- Identified Information about use of the Service. The sharing of such data is unrestricted.
4.5 Legal Reasons. We may also disclose your personal information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Service; to enforce or apply our policies or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. We will attempt to notify our users about legal demands for their personal information when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague, or lack proper authority.
4.6 Sale, Merger, or Other Business Transfer. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), personal information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, your personal information would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
5. Your Choices.
(a) You have a choice about the placement of cookies on our website. You can use your web browser to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation. Guidance on how to control cookies in popular browsers is contained here: Microsoft Internet Explorer, MacOS Safari, Mozilla Firefox, and Google Chrome. You can also find additional information on cookie controls and advertisement here: Network Advertising Initiative and Digital Advertising Alliance.
(b) If you have registered for an account, you may access, review, and update certain personal information that you have provided to us by logging into your account and using available features and functionalities or by contacting us in accordance with the “Contact Us” section below.
(c) You have a choice at any time to stop us from sending you emails for marketing purposes by following the “unsubscribe” link included in these messages. Please note that despite any indicated email marketing preferences, we may continue to send you administrative emails regarding VCM Technologies.
(d) If you do not provide the personal information that we need to provide the Service, we may not be able to provide with the Service or certain functionalities. We will tell you what personal information that you must provide in order to receive the Service.
(e) Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
6. Security. We take reasonable precautions intended to help protect your personal information that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
7. User Account Deletion. You may refuse to use our website and/or mobile application and may ask us to delete your account by contacting us via email at firstname.lastname@example.org.Your account will be deleted within thirty (30) days. Please note that if you have requested your account to be deleted, we will delete the subsequent personal data you have supplied us. However some data, such as messages sent to other users, will be saved, and thus will remain on the site and cannot be deleted, as they have already integrated into our system. This data must be stored to maintain the integrity of the Service, as well as for legitimate business processes, including audits and security purposes. Note that search engines, as well as third parties, can keep copies of your publicly available information once your account has been deleted.
8.1 Information and Access. You may have the right to be informed of, and request access to, the personal data we process about you.
8.2 Rectification. You may request to update or correct the personal information we maintain for you.
8.3 Right to be forgotten/request deletion. You may request deletion of your personal information. We may ask you for additional information to verify your identity and will process your request subject to and in accordance with the law.
8.4 Restriction. You may request that we temporarily or permanently stop processing all or some of your personal data.
8.5 Objection. You may object to us processing your personal data on grounds relating to your particular situation, object to your personal data being processed for direct marketing purposes, and refuse to receive service notifications via email.
8.6 Transferability. You may request to transfer your personal information.
8.7 Automated Decision-Making. You may have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
8.8 Right to Lodge a Complaint. If you have concerns about our privacy practices, including the way we handle or have your personal data, you, if you are in the EEA or Switzerland, can lodge a complaint regarding how we collect and process your personal information to your local Data Protection Authority, or if you are in the United Kingdom, the Information Commissioner’s Office.
9. California Residents.
(a) If you are a resident of the State of California, you have certain rights afforded to you under the California Consumer Privacy Act or the “CCPA”. When we say “Personal Information” in this section, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you.
(b) We collect Personal Information and Non-Personal Information for the business and commercial purposes described in the section above titled “How We Use Your Information”, and we share Personal Information with the categories of third parties described in the section above titled “How We Share and Disclose Information”. We do not sell (as such term is defined in the CCPA) the Personal Information we collect (and will not sell it without providing a right to opt out).
(c) Subject to certain limitations, the CCPA provides California residents the following rights:
(i) You have the right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices;
(ii) You have the right to request that we delete your Personal Information that we have collected from you;
(iii) You have the right to request that we no longer sell your Personal Information to third parties; and
(iv) We will not discriminate against you for exercising any of these rights.
(d) California residents may make a request pursuant to their “right to know”, “right to request deletion”, and/or “right to opt-out” under the CCPA by contacting us in accordance with the “Contact Us” section below. In order to verify your request to know or delete information, we may require you to provide us with certain information to be used solely for the purpose of verifying your identity.
(e) Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
10. Information Retention. We will retain personal information required to comply with privacy requests, manage active accounts, as required by law, in order to resolve disputes, or enforce our agreements. We will retain the personal information we process on behalf of our users as directed by them. We may also retain copies of your personal information for disaster recovery purposes, to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of Aggregate/De-Identified Information, account recovery, and auditing our records.
13. Children’s Privacy. This Service is not directed towards children who are under the age of 18. We do not knowingly contact or collect personal information from children below the age of 18 years, or sensitive personal data ("racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or a natural person’s sex life or sexual orientation," etc.). Please consult Art. 9 GDPR for more information. If you believe we have inadvertently collected such information, please contact us immediately so that we can either obtain special consent or delete the information.