Vaporstream Terms of Service
Last Updated: 1/01/18
Welcome to Vaporstream. The following is our Terms of Service (“Terms”) that govern your access to and use of the Vaporstream products and services, including our mobile applications, websites, and other products or services related to the Vaporstream applications (collectively, the “Services”) provided by Vaporstream, Inc. and/or our affiliates (“Vaporstream,” “we,” or “us”), and any information, photos, videos, text, graphics or other material uploaded to, downloaded from, or appearing via the Services (collectively, the “Content”). By downloading, accessing, or using the Services you agree to be bound by these Terms. Your access to and use of the Services are conditioned upon your acceptance to and continued compliance with these Terms.
We want you to enjoy your use of our Services. These Terms provide you with some fundamental guidelines for maximizing this enjoyment for all users. Read them carefully. Remember that it is you that has the most control over your experience. Take care in the content that you submit using the Services, treat other users well, and have fun.
Access to the Services
You must be capable of forming a binding contract with Vaporstream, Inc. in order to utilize the Services and to accept these Terms. You may only use the Services if you comply with these Terms and all applicable laws, rules, and regulations of the applicable jurisdictions (e.g., international, national, state, and local).
If you are under 13 years of age, or if you are a parent or legal guardian of a person that is under 13 years of age, note that the Services are not intended for use by children under the age of 13. Those under the age of 13 are prohibited from using the Services and accounts shall not be opened for use by children under the age of 13.
If you are the parent or legal guardian of someone who has opened an account with the Services and who is not legally capable of entering into these Terms, you can contact us at email@example.com.
You agree to open only one account with the Services.
We may at any time and for any reason, refuse to offer the Services to any person or entity. We may at our sole discretion terminate your right to use the Services or any portion thereof without notice. We also reserve the right to prevent your accessing or using the Services or any portion thereof at our sole discretion and without notice. We retain the right to put limits on usage and storage at any time without prior notice to you and at our sole discretion.
We may at any time (and without prior notice) discontinue, change, or otherwise modify (temporarily or permanently) the Services (or any features or portions thereof within the Services). We may do so at our sole discretion and you agree to not hold us liable for any such discontinuation, change, or interruption in the Services.
You are responsible for maintaining the security of your account and for restricting access to your computer or handheld device used for accessing the Services. You agree to accept responsibility for all activities that occur under your account. Vaporstream cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
ContentThe Content includes User Content and Vaporstream Content.
The Services allow users to create, post, use, transmit, distribute, upload, store, and/or otherwise submit content that may include, but is not limited to, photos, text, graphics, and other materials (collectively, “User Content”).
You retain all ownership rights to your User Content. We do not own the material that you submit via the Service. However, we do need certain rights to your User Content in order to operate the Services effectively and to provide you with the most enjoyable experience that we can provide. By submitting User Content via the Services, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform such User Content for any reason, at any time, and in any and all media or distribution methods (now known or later developed).
You represent and warrant that you have any necessary rights, power, and authority to your User Content to allow you to utilize such content with the Services and to allow you to grant the rights granted herein to your User Content.
You are solely responsible for your User Content, your use of the Services, and the consequences thereof. You understand that others may view, access, redistribute, publish, and/or otherwise use your User Content. We reserve the right to monitor, review, delete, screen, and otherwise control any User Content at any time and for any reason. However, we are not obligated to do so. We may not monitor or control User Content and cannot take responsibility for the User Content. You understand that by using the Services, you may be exposed to material that you or others may consider harmful, offensive, inaccurate, deceptive, or otherwise inappropriate. You agree that we will not be responsible or liable in any way for your User Content, User Content of others, use of such User Content by us in accordance with these Terms, use of User Content by others in any way, or any consequences caused thereby.
The Vaporstream Content includes all materials and information (excluding the User Content) that are a part of, contained on or within, and/or otherwise associated with the Services including, but not limited to, software, images, photographs, video, graphics, text, logos, audio clips, designs, illustrations, icons, and other materials or information and the arrangement and selection of the same. All right, title, and interest in and to the Services and the Vaporstream Content are and will remain the exclusive property of Vaporstream, Inc. and/or its licensors. The Services and the Vaporstream Content are protected by copyright, trademark, patent, trade dress, trade secret, and other laws of the United States and other jurisdictions.
You are hereby granted a limited, non-exclusive, non-assignable, non-sub-licensable, royalty-free license to use and access the Services and Vaporstream Content for the sole purpose of enabling you to use and enjoy the benefit of the Services according to and as permitted by these Terms. You agree that you will not use Vaporstream Content or the Services (including any related software) in an unauthorized way including, but not limited to, by copying, republishing, reproducing, reverse engineering, modifying, selling, renting, leasing, loaning, assigning, licensing, sublicensing, transmitting, downloading, distributing, or otherwise exploiting the Vaporstream Content or the Services, except as expressly stated in these Terms. Unauthorized use of Vaporstream Content or the Services is strictly prohibited and will result in the termination of this license.
We respect the intellectual property rights of others. Users of the Services are also required to respect such rights. If you believe that anything on the Services infringes your copyright protected material, please provide us with a notice of such infringement. We will respond to such notices properly provided to us where the notice complies with applicable law. Under the requirements set forth in 17 U.S.C. § 512(c)(3) please include with your notice:
- 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 work claimed to have been infringed;
- 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, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including, your address, telephone number, and an email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 the copyright owner.
Send the notice to our designated agent for notice of alleged copyright infringement on the Services at:
Attn: Copyright Agent
79 W. Monroe Street, Suite 903
Chicago, IL 60603
We reserve the right to remove and/or restrict access to any content alleged to be infringing. We may do so at our sole discretion, without prior notice, and without liability to you. In appropriate circumstances and in our sole discretion, we will also terminate a user’s account if the user is determined to be a repeat infringer.
Vaporstream and other applicable Vaporstream Content are trademarks, registered trademarks, or trade dress of Vaporstream in the United States and/or other jurisdictions. Vaporstream’s trademarks and trade dress may not be used (i) in connection with any product or services that is not Vaporstream’s, (ii) in any manner that is likely to cause confusion among consumers, or (iii) in any manner that disparages or discredits Vaporstream. All other trademarks not owned by Vaporstream that may appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vaporstream.
We may provide advertising associated with the Services and/or the Content. Such advertising may be generated based on and/or be targeted to User Content, activities you perform using the Services, Usage Data, and/or other information associated with the Services. We reserve the right to change, at our sole discretion, the types and amounts of advertising provided at any time without prior notice to you. You agree that Vaporstream and any of its third-party partners may associate such advertising with the Services and/or with the display of Content.
Information Collection and Privacy
You also agree to allow Vaporstream to provide you with certain communications as part of the provision of the Services. You may not be able to opt-out of receiving certain communications from Vaporstream. We may communicate with you regarding your account and/or your usage of the Services using electronic communications, such as email, text, and other electronic messaging. You agree to receive such communications. In one example, we may send you a text message including mobile number verification when you first establish your Vaporstream account. Please also note that your electronic communications provider may assess certain messaging fees.
You agree that any questions, suggestions, comments, feedback, ideas, or other information regarding Vaporstream or the Services (including, but not limited to, those related to improvements, additions, or other aspects for Vaporstream or the Services) that you provide to us (collectively, “Comments”) are not confidential and shall be the sole property of Vaporstream. We will be entitled to the unrestricted use and dissemination of such Comments for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the Comments (including any intellectual property or moral rights). Notwithstanding the foregoing, if any ownership in the Comments remains with you, you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and perform the Comments.
Termination of these Terms and Your Usage of the Services
- These Terms continue to stay in force until terminated by Vaporstream or by you as set forth herein.
- We may terminate Services to you at any time and for any reason.
- You may terminate the Services and end your legal agreement with Vaporstream at any time for any reason by deactivating your account and discontinuing your use of the Services.
- We may terminate or suspend your access to the Services or your account (in part or in whole) at any time, at our sole discretion, and for any reason including, but not limited to, our reasonable belief that you have violated these Terms or the intellectual property protections applicable to the Services, our reasonable belief that you create a risk or possible legal exposure for us, or our determination that the provision of the Services to you is no longer commercially viable.
- Notice of termination of the Services by us may be sent to you via one or more of the contacts (e.g., email address) associated with your account. Upon termination, we have the right to delete all data, files, or other information associated with your account.
Rules and Guidelines for Use of the Services
You agree to the following, in addition to other provisions set forth in these Terms:
- You will ensure that your contact and other personal information provided with your account registration is valid at all times and will keep such information accurate and up-to-date.
- You will not use the Services or Content for any unlawful purposes, to conduct any unlawful activity, or for any purpose prohibited in these Terms.
- You will not use the Services or Content if you are in a country or jurisdiction that prohibits such usage.
- You will not use the Services or Content to impersonate another person.
- You will not upload or otherwise submit via the Services any material that includes viruses, worms, Trojan horses, or any code, files, or programs that interrupt, destroy or limit the functionality of the Services or Content or that may impact the ability of any Vaporstream user to access the Services.
- You will not engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services or the infrastructure of the Services.
- You will not use any robot or other automated means or interface not provided by us to access the Services or to extract data.
- You will not reverse engineer any aspect of the Services or do anything that could reasonably be expected to bypass or circumvent measures employed to limit and/or prevent access to a portion of the Services or Vaporstream Content.
- You will use only your user account and not attempt to access an account of another user.
- You will not engage in conduct that is intimidating, harassing, predatory, or could be reasonably considered stalking.
- You will not submit User Content that is:
- Pornographic, sexually explicit, or violent.
- Infringing of copyright or other intellectual property rights of another
- Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
- Breaches the privacy, publicity rights, or data protection rights of another including by acquiring images of another without the person’s consent.
Disclaimers and Limitations of Liability
You should read the following section carefully. It includes disclaimers of warranty, provisions for indemnification, and limits of the liability of Vaporstream, its affiliates, licensors, suppliers, subcontractors, shareholders, employees, officers, directors (collectively, the “Vaporstream Parties”). The provisions of this section apply only to the maximum extent permitted under applicable law. This section is not intended to limit any rights you may have which may not be lawfully limited.
The Service is Provided “As-Is” and Disclaimer of Warranty
THE SERVICES, THE VAPORSTREAM CONTENT, AND ALL INFORMATION, MATERIALS, CONTENT, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED WITH OR OTHERWISE MADE AVAILABLE WITH THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE VAPORSTREAM PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE VAPORSTREAM PARTIES DO NOT WARRANT THAT ACCESS TO THE SERVICES, THE VAPORSTREAM CONTENT, AND ALL INFORMATION, MATERIALS, CONTENT, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED WITH OR OTHERWISE MADE AVAILABLE WITH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO THE VAPORSTREAM PARTIES MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE VAPORSTREAM CONTENT, AND ALL INFORMATION, MATERIALS, CONTENT, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED WITH OR OTHERWISE MADE AVAILABLE WITH THE SERVICES. IN ADDITION, THE VAPORSTREAM PARTIES ARE NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTINGS OR TRANSMISSION OF ANY OTHER USER CONTENT) SENT THROUGH THE SERVICE TO ANYONE.
FURTHER, THE VAPORSTREAM PARTIES MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES, THE VAPORSTREAM CONTENT, AND ALL INFORMATION, MATERIALS, CONTENT, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED WITH OR OTHERWISE MADE AVAILABLE WITH THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE VAPORSTREAM CONTENT, AND ALL INFORMATION, MATERIALS, CONTENT, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED WITH OR OTHERWISE MADE AVAILABLE WITH THE SERVICES OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. THE VAPORSTREAM PARTIES DO NOT WARRANT THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR ANY MATERIALS SENT VIA THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You understand that the Services are provided to you and are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VAPORSTREAM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, BUSINESS INTERRUPTION, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
YOUR ONLY REMEDY AGAINST THE VAPORSTREAM PARTIES FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES. NOTWITHSTANDING THESE TERMS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VAPORSTREAM PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VAPORSTREAM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE VAPORSTREAM PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
By agreeing to these Terms, you agree to indemnify, defend and hold harmless the Vaporstream Parties against any and all claims, liabilities, damages, losses, expenses, fines, penalties or costs of whatsoever nature, (including reasonable attorney’s fees and expenses) due to, arising out of, or relating in any way to (i) your use of the Services; (ii) any User Content you create, post, use, transmit, distribute, upload, store, and/or otherwise submit using the Services; (iii) your violation of the rights of another; (iv) you violation of these Terms; or (v) your use of any third party user generated content available on or through the Services.
Waiver and Sever-ability
No delay or failure of Vaporstream to enforce any provision, right, power, or privilege under these Terms shall be deemed a waiver of such provision or right, power, or privilege. If any provision or provisions of these Terms shall be held to be contrary to law, or for any reason invalid, unenforceable, void or voidable, then that provision or provisions will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Applicable Law and Jurisdiction
These Terms, any actions related thereto, and any dispute of any sort between you and Vaporstream will be governed by the laws of the state of Illinois without regard to or application of conflict or choice of laws principles or your state or country of residence, and (to the extent applicable) the laws of the United States of America. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the state or federal courts located in Chicago, Illinois, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
© 2018 Vaporstream, Inc.