Terms and Conditions of Service
The Site is proudly operated to you by the Vinviter team, hereinafter referred to as “Vinviter”. The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Vinviter and/or its affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site.
If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Vinviter’s relationship with you in relation to the Site and any products and services offered thereby (collectively, the “Service(s)”).
These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to solve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us. Overall, your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.
Vinviter reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and Site, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Vinviter hereby agrees to furnish its services (the “Services”) to: the visitors that browse the Site, the users that have subscribed for an account, and the users who have registered into an event organizer account, all subject to the following Terms of Service. Use of the Services constitutes acceptance and agreement to these Terms of Service, and the term thereof will commence on the earlier date of your initial account registration or Service’s use, and shall continue in effect until terminated by us.
Vinviter is a platform that allows you to create, promote, post and manage events and campaigns. Its functionalities include, but are not limited to: get your word out to the people, tell your story in a creative way, incite assistants’ feelings to assist, inform how much do you need, how much do you ask of each person and what can you give in return, and, of course, when and where do you plan to host your event.
We will never show the location of any of the events on the Site until a user has paid or made some call to action in order to get the information provided. Users in different locations will be shown events in or nearest to their geographical location, beginning with the upcoming and so on in chronological order. As a general rule, we do not impose limitations on events, but their scope must not be against our Terms.
In order to use all of the functionalities and Services provided via the Site, you may need to register for an account with us. By activating your account you become a registered member and gain access to certain features, including the ability to post certain information about your event on the Site and interact with other users about your campaigns. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. If you suspect a breach of security or unauthorized use of your account, you must notify us immediately of any change in your eligibility to use the Site.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete events, campaigns and user generated content that would be interpreted or considered offensive o spam.
User Conduct Code
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Upload infringing, false, duplicated, altered or otherwise misleading information.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services.
You must immediately respond to any notice you receive claiming that your user generated content violates a third party’s rights, including notices under the Digital Millennium Copyright Act (‘DMCA’), and take corrective action, which may include but is not limited to promptly removing any such user generated content.
User generated content License. You hereby grant Vinviter an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to the Site. You represent and warrant to Vinviter that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Vinviter as set forth herein.
Feedback License. You hereby grant to Vinviter and its affiliates, an unlimited, non-exclusive, assignable, transferable, sub-licensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to Vinviter regarding the Site, and to exploit and otherwise incorporate it into the Site.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of –or otherwise are licensed to– Vinviter or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (‘DMCA’) Notice
For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
You must notify us of your claim with subject: "Takedown Request". Once received, Vinviter will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Vinviter may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying Vinviter and its affiliates that your copyrighted material has been infringed.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Representations and Warranties
You hereby represent, warrant and covenant that you: (i) have any and all right necessary to undertake your events and campaigns; (ii) will be solely responsible for your events, events and user generated content; (iii) will obtain the consent of each person whose likeness and/or image appears into your user generated content; and (iv) will not infringe any rights of any third party, including but not limited to any intellectual Property Rights, privacy rights and rights of publicity.
To the fullest extent permissible under applicable law, the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Vinviter, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. Vinviter, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
Vinviter, and its affiliates, clients, agents, officers, licensors and/or distributors, do not warrant against interference with your use of the Site or that it will meet your specific commercial requirements; that any product recommendation, nutrition recommendation or other suggestions from Vinviter will be available or particularly useful or produce any results, that the operation of the Site will be uninterrupted or error-free, that the Site will interoperate or be compatible with any other software or device used by you, that any errors in the Site will be corrected or that the Site will not be discontinued without previous notice.
Disclaimer of Damages
In no event shall Vinviter, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Vinviter, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, Vinviter’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
Limitation of Liability
In no event, shall Vinviter’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
Indemnification by You. You shall indemnify, hold harmless, and defend Vinviter, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Vinviter’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Vinviter’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Vinviter); and/or (ii) any third party claim arising out of or in relation to the Site or use thereof in combination with your business platform, including without limitation, any claim that the Site violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Indemnification by Vinviter. Vinviter will indemnify you against all claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of your permitted use of the Site as supplied by Vinviter. As a material condition of this indemnity, you will: (i) promptly notify Vinviter in writing of any allegation of infringement; (ii) make no admission relating to the infringement; and (iii) allow Vinviter full control over all negotiations and proceedings and give Vinviter all reasonable assistance.
The indemnifications obligations contained in this section shall not apply to the extent that any claim against Vinviter’ Indemnitees arises as a result of or in relation to: (i) any user generated content; and/or (ii) use of the Site other than in accordance with these Terms and/or any applicable laws.
Third party links
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).
From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Vinviter, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Vinviter is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.
By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Vinviter, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Vinviter is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.
Assignment. These terms will inure to the benefit of any successors of the parties.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Vinviter will be irreparably damaged, and therefore you agree that Vinviter shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Vinviter shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Vinviter' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your Subscriber preferences. As our Subscriber, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications, and also in your account preferences.
No Spam. We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Any commercial electronic communication that you receive from us, our business partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
No Waiver. Failure by Vinviter to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Vinviter are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Parental Notice. Vinviter does not knowingly provide its Services to persons under the age of thirteen (13). Users under the age of eighteen (18) may use the Site with the consent of their legal guardians, but are otherwise prohibited from providing Vinviter with personally identifiable information of persons under the age of thirteen (13).
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Vinviter shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Vinviter, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of New Jersey, United States of America, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Newark, State of New Jersey, United States of America. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
If you have any questions or queries about us, our Site or these Terms, please contact us as indicated in our contact page: www.vinviter.com/contact, and by post to 26 Elizabeth Avenue, Newark, NJ 07108, USA.