Last Updated: August 20, 2015
This website, located at www.vingle.net (the "Site"), is provided by Vingle, Inc. and its affiliates (“Vingle,” "we," "our," or "us") to the person accessing the Site ("you," or "your").
1. You Agree to These Terms by Using the Site
2. Permitted Use of the Site
The information and materials on the Site are provided for general informational purposes. You may use the Site solely for the purpose of learning about and/or registering to use Vingle services or products or perusing the publicly available content posted by members of the Vingle community. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.
3. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. Vingle does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your usergenerated content on the Site, Vingle is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Vingle reserves the right to block or remove communications or materials that it determines to be unacceptable to Vingle in its sole discretion.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Vingle employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice; Electronic Communications
When you visit the Site or send emails to Vingle, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Disclaimer Warranty
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VINGLE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
Vingle does not represent or warrant that the functions contained in the Site will be uninterrupted or errorfree, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Vingle does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Vingle does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
8. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER VINGLE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. ThirdParty Links
In an attempt to provide increased value to our visitors, Vingle may link to sites operated by third parties. Vingle has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Vingle. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Vingle expressly disclaims any responsibility for such sites.
Vingle does not endorse the content, or any products or services available, on such sites. Nonetheless, Vingle seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Vingle trademarks may not be used without our consent on any product or service, except our own.
Copyright © 2015, Vingle, Inc. ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Vingle or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Vingle and protected by United States and international copyright laws. All software used on the Site is the property of Vingle or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
12. Copyright Complaints
Vingle respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please review our Copyright Policy.
13. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.
Vingle does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
14. Law and Jurisdiction
16. Questions and Feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to email@example.com.
Vingle Member Terms of Service
Last Updated: August 20, 2015
Welcome to Vingle. We are excited that you are interested in joining our online community (the “Community”). The Community services are offered by Vingle, Inc. and its affiliates (“Vingle”, “we”, “us” or “our”) to you (“you”, “your” or “Member”) for your use subject to these Terms of Service (“Terms”). Please make sure that you read and understand these before you join our Community or use any of the services we offer (the “Services), or make use of any information, graphics or other materials made available on or through the Services, which may include but is not limited to any Member’s “likes” and “clips” of another Member’s and any information posted by a Member (“Content”).
1. Accepting these Terms and Conditions
- By clicking the “Accept” or similar button, creating an account, posting Content to the Vingle Community or otherwise using our Services, you accept, without limitation or qualification, these Terms. These Terms constitute a binding contract between you and Vingle.
- We may, at any time, modify these Terms by revising them. If we revise the Terms, we will post revised Terms on our website or through the Services. Your continued use of the Services constitutes your acceptance of any such revisions.
- If you do not agree and accept, without limitation or qualification, these Terms, please do not create an account or use the Services. These Terms constitute the entire agreement between you and Vingle and govern your use of the Services, and supersede any and all prior agreements, written or oral, between you and Vingle regarding the Services (including, without limitation, any prior versions of these Terms). You may not modify these Terms except in a writing signed by us.
2. Eligibility to Use the Vingle Community
By accepting these Terms, you affirm that you are (a) at least eighteen (18) years old, or at least thirteen (13) years old and have the permission of a parent or guardian to access the Services, and (b) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party. If you are under the age of thirteen (13), please do not access or use our Services until you are at least thirteen (13) years old.
3. Member Accounts
- Creating an Account. In order to participate as a Member of the Vingle Community, you will need to create an account. To open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You grant Vingle the right to independently verify any information that you provide through the Services about yourself, although Vingle does not routinely undertake any verification.
- Activities under Your Account. You are responsible for maintaining the confidentiality of any password(s) you use to access the Services, and you are fully responsible for all activities that occur under your password(s) and your account. You agree to notify Vingle immediately of any unauthorized use of your account or any other breach of security. Vingle will not be liable for any loss that you may incur as a result of someone else using your password or account. Notwithstanding such notice, you could be held liable for losses incurred by Vingle or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
5. Participating in the Vingle Community
- Use of the Services. Vingle grants you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access and use the Services through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Vingle), view information and use the Services that we provide in accordance with these Terms. You agree to use the Services only to post, submit, send and receive Content that is proper (“Member Content”). Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
- Member Conduct. Vingle does not control, is not responsible for and makes no representations or warranties with respect to any Member or Member conduct. You are solely responsible for your interaction with or reliance on any Member or Member conduct. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable.
- Community Member Guidelines. All Members and Member Content must comply with our Vingle Community Member Guidelines.
- Applicable Laws and this Agreement. You agree to comply with all applicable laws, ordinances and regulations and these Terms.
- Promotions. You agree to receive newsletters, promotional materials, and other communications and materials relating to Vingle or the Services.
- Changes to the Services. Vingle Services are constantly evolving and changing as we endeavor to make the Community a better place. As a result, the Services may change at any time and without prior notice. Vingle retains the right to, among other things, add, change, update, discontinue, suspend or limit the Services at any time at Vingle’s sole discretion. Vingle may also terminate or suspend any account or delete or remove Member Content at any time, with or without notice, including Ii you do not comply or any of your Member Content does not comply with our Vingle Community Member Guidelines.
- Indemnification.You agree to indemnify, defend and hold harmless Vingle and its affiliates, and their respective officers, employees, users, licensors and partners, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, relating to or arising out of your Member Content, your access to or use of the Services (including any use by your employees or agents), your breach of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or anybody using your account.
6. Your Submissions
- Your Member Content. You are solely responsible for all content that you upload, post or otherwise transmit via the Services.
- Ownership and License of Your Content. Vingle makes no claim to ownership of any Member Content. Vingle shall be free to use or disseminate any Member Content on an unrestricted basis for any purpose, and you hereby grant Vingle and all other users of the Services an irrevocable, perpetual, worldwide, transferable, royaltyfree, fully paid up, nonexclusive license, with the right to grant and authorize sublicenses, to use, reproduce, modify, distribute and otherwise exploit such Member Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Vingle and thirdparty providers of any Member Content that you may provide to Vingle.
- Public Information. Please remember that any information and Content disclosed publicly through the Services becomes public information, and you should exercise caution when deciding to disclose your personal information and other Content. You may use an alias when posting personal information through the Services.
7. Vingle Intellectual Property
- All materials available through the Services and not provided by users of the Service are the property of Vingle, affiliated companies and/or thirdparty licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Vingle, or affiliated companies and/or thirdparty licensors.
- Except as expressly authorized in writing by Vingle, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Vingle discloses to you. You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you shall reproduce and copy all such notices and legends on all copies of any part of the Services that you are permitted to make hereunder, if any. Any rights not expressly granted herein are reserved.
- Any software which may be downloaded through the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.2277013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.22719, as applicable.
- The Services that Vingle provides are in no way to be used by its Members for infringement of any intellectual property rights of Vingle itself, its users, and other thirdparties. Content provided on Vingle can only be downloaded, copied, reproduced, or in any other way used by you without the written consent of Vingle or the party who possesses ownership rights over the Content.
8. Third Party Links
- Vingle or its Members may provide links to thirdparty websites or other resources (“Linked Sites”). Vingle has no control over such Linked Sites, and is not responsible for the operation of any Linked Site. Vingle offers these links as a convenience only, and the availability of any Linked Site is not an endorsement of the content, or any products or services available on such sites, or an endorsement of any Linked Site’s owners, or its providers.
- You acknowledge and agree that you access these Linked Websites at your own risk. Any interactions or business dealings with advertisers or third parties other than Vingle found on or through our Services are solely between you and such advertiser or other third party. Without limiting the foregoing, Vingle will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Linked Website.
9. DISCLAIMER OF WARRANTIES
- YOUR ACCESS TO, USE OF AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, VINGLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- VINGLE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (1) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, (2) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES.
- Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimer may not apply.
10. LIMITATION OF LIABILITY
- VINGLE SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO VINGLE OR CONTENT OR SERVICES ACCESSED THROUGH VINGLE.
- YOUR USE OF THE SERVICES AND ANY RELATED PRODUCTS IS AT YOUR OWN RISK. NEITHER VINGLE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY RELATED CONTENT OR PRODUCTS, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- VINGLE'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO $100.
- To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitations or exclusions may not apply.
11. Copyright Infringement
If you are a copyright holder and you have reason to believe that your copyright has been infringed upon, review our Copyright Policy.
12. Termination of Membership
- These Terms will continue until terminated. You may terminate these Terms at any time and for any reason by deactivating your account and discontinuing your use of the Services. If you stop using the Services for a prolonged period of time, Vingle retains the right to deactivate your account, even if you have not done so. Vingle may also terminate or suspend your account or your use of the Services for any reason, including if we reasonably believe that you have violated these Terms, you have created any risks to Vingle or other Members or we have decided to stop providing the Services.
- If your account is terminated or you delete any Member Content, Vingle will make reasonable efforts to make such Member Content inaccessible. However, you acknowledge and agree that any such Member Content may be retained in caches or backups and that copies of or references to your Member Content may persist indefinitely due to the nature of the Services and the internet.
13. Applicable Law
- These Terms are governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the State of California, United States (“U.S.”), and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- The Services are available to users globally. Vingle, Inc. is a U.S. corporation and our policies and procedures are based on U.S. and California law. If you are located outside the U.S., you (i) acknowledge and agree that these Terms are only being offered in English, and that in the event of any translation of this Agreement, the English version shall govern; (ii) consent to the transfer, storage and processing of your information, including any Member Content or personal information, in and to the U.S. and/or other countries; and (iii) acknowledge and agree that Services derived or obtained from Vingle may be subject to the U.S. export laws and the export or import laws of other countries, and you agree to comply strictly with all such laws and, in particular, shall: (1) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (2) not use Services derived or obtained from Vingle to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (3) you understand that U.S. export control laws prohibit the export of certain technical data and software to certain territories, and that no software available from the Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
14. General Terms
- You must not assign or otherwise transfer the Terms or any right granted hereunder.
- You agree that any material breach of Sections 3, 4, 5, 6, 7 and 14 of the Terms will result in irreparable harm to Vingle for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Vingle will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Vingle seeks such an injunction.
- Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
- Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of nonenforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
- Vingle reserves the right at all times to disclose any information as Vingle deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vingle's sole discretion.
- You agree that Vingle may provide notice to you via email, regular mail, or posting notices or links to notices on our website or through the Services.
- A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Archive of Previous Terms of Service
Last Updated: August 20, 2015
2. What information do we collect?
We may collect personal information under the following circumstances.
- When you create an account, we may ask you for your name, email address, gender, profile photo, or other personal information. You may, however, visit our Site without providing such personal information.
- We use IP addresses and session identifiers to analyze trends, to administer the Site and Services, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.
- We may also collect your geographic location, browsertype, operating system and other software or hardware information.
- We use internal tools and third party applications and services (such as Google Analytics) to collect and analyze information.
- Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our Site. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
- We will also collect any information that you provide to us if you create a personal profile, search our Site or Services, post Member Content or correspond with Vingle.
3. How do we use your information?
We may use the information we collect from you in the following ways:
- To personalize your Site experience and the Services and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to provide better service and respond to your customer service requests.
- To quickly process your transactions.
- To administer a promotion, survey or other Site or Services feature.
- To respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
- To investigate, prevent, or take action regarding alleged or actual illegal activities, including fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of the applicable Terms, or as otherwise required by law.
- We may also share information about you for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
4. Do we disclose the information we collect to outside parties?
However, nonpersonally identifiable information may be provided to other parties for marketing, advertising, or other uses.
5. Do we use "cookies"?
We may contract with thirdparty service providers to assist us in better understanding our Site visitors and Members. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (such as Mozilla Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Site experience more efficient and some of our services will not function properly, and registered users may not be able to login properly.
6. How do I opt-out information collection?
You may opt out of information collection by deactivating your account. You can deactivate your account at any time by visiting the preference page of your profile. Although your account will be disabled, all of your posts and content submissions will remain on the website and publicly available. Vingle is under no obligation to remove any publicly available Member Content after your account has been deactivated.
7. How do we safeguard your personal information?
Vingle follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use your personally identifiable information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.
10. How do you ask questions and provide feedback?
11. What happens if you are a nonUnited States resident?
It is important to note that the Site and Services are offered under United States law. If you are located outside of the United States, please be aware that any visitor information you provide to us will be transferred to the United States and/or other countries. By using the Site or Services and/or providing us with your visitor information, you consent to this transfer.
12. How do you correct or update personal information?
You can correct or update your personal information by reregistering, updating your profile, or by contacting us by electronicmail at firstname.lastname@example.org.
However, we will maintain copies of your information to the extent retained as part of our standard backup/archive process. In addition, these procedures will not remove any of your information that you have provided to other users or third parties, or that has been collected from you by third parties linked from the Site or Services.
13. How do we protect children’s privacy?
Under Age 13
We understand the importance of protecting children’s privacy in the interactive online world. The Site and Services are not designed for, or intentionally targeted at, children thirteen (13) years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of thirteen (13). No one under the age of thirteen (13) should submit any personal information to Vingle.
Under Age 18
Minors under 18 years of age may have the personal information that they have provided to Vingle while using this Site or the Services deleted by sending an email to email@example.com requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.
Last Updated: August 20, 2015
Vingle will investigate claims of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that any Content on the Vingle website or accessible through the Services has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent:
To be effective, the notification must written and include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
- 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- 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 owner of an exclusive right that is allegedly infringed.
The information you send us in your notice of copyright infringement may be forwarded to the Member who provided the allegedly infringing content.
If you do not comply with all of the requirements of this section, your DMCA notice may not be valid. Only DMCA notices should go to our Designated Agent. If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about intellectual property claims, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at firstname.lastname@example.org.
After removing material pursuant to a valid DMCA notice, Vingle will immediately notify the Member responsible for the allegedly infringing material that it has removed or disabled access to the material. Vingle will terminate, under appropriate circumstances, the Accounts of Members who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Member for actual or apparent copyright infringement.
Archive of Previous Copyright Policy
Vingle User Terms and Conditions:
1. User Acceptance of Terms and Conditions
- If you should make use of the Vingle Community or submit any content to the Vingle Community, this will be considered as your consent to be bound by and abide by the terms and conditions of Vingle.
- Vingle also reserves the right to, at any time, change, alter, or modify the terms and conditions of its service, and your continued use and content submissions will serve as your consent to be bound by the new terms and conditions; however, Vingle, at its sole discretion, may attempt to notify users prior to such changes.
3. The Service we Provide to You
- Vingle offers its online community services and content to you “AS IS.” Thus, we are not responsible for any interruptions in our service or errors in our content. Vingle serves as a facilitator of this online community by providing content and a forum through which the user may enrich their personal experiences.
- The service that Vingle provides is in no way to be used by its members for infringement of any intellectual property rights of Vingle itself, its users, and other third-parties. Content provided on Vingle can only be downloaded, copied, reproduced, or in any other way used by you without the expressed written consent of Vingle or the party who possesses ownership rights over the content.
- Vingle hereby grants you permission to use the online community as set forth in these Terms of Service, provided that: (i) your use of the online community is as is solely for your personal and noncommercial use; (ii) you will not copy, download or distribute any part of the online community in any form or medium without Vingle’s or the content owner’s prior written authorization; (iii) you will not alter, modify, or make derivative works from any part of the online community other than what may be reasonably necessary to use the online community for its intended purpose; and (iv) you will otherwise comply with all of the terms and conditions set forth in these Terms of Service.
4. Your Rights as a User in the Vingle Community
- You, the user, so long as you are a member of our online community, have a right to access the content provided by and through the Vingle community.
- You also have a right to post and submit content by and through the Vingle Community; however, such posts and submissions are subject to the Vingle Community User Guidelines. If such material is found to be contrary to the User guidelines, it shall be removed or deleted without prior notice.
- By submitting your own content you also authorize Vingle to use all patent, trademark, trade secret, copyright and any other proprietary rights in your submission; however You shall retain ownership rights in your posts and submissions to the Vingle Community.
- It shall also be understood that through the creation of the posts or content submission, you have expressly given Vingle a license to, without limitation, use, reproduce, distribute, prepare derivative works of, display, and perform your content in relation to the Vingle Online Community Service, as well as any and all of Vingle’s business matters and functions.
- The above licenses granted in the content and posts submitted by you shall be perpetual and irrevocable.
5. Your Responsibility as a User of the Community
- You shall be solely responsible for your own content submissions and the consequences that may accompany them. Further, it shall be understood that with each one of your submissions that you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use such content in your submissions.
- In your use of our Vingle community, you must agree to abide by all additional copyright notices or restrictions that are contained on our site.
- It is also your responsibility to ensure that all of your posts and content submissions are not contrary to the Vingle Community User Guidelines.
6. Our Rights in Our Site and Content
- Vingle reserves the right to reclaim or remove usernames if trademark owners claim those usernames or if Vingle believes the usernames mislead others.
- Our Vingle website, which includes all texts, pictures, videos, and music content contained on the website, is protected as a copyrighted work as a collective work or compilation under the intellectual property laws of the United States of America and other countries. Thus, Vingle shall have all rights therein, subject to other related agreements created by Vingle.
- All individual articles, blogs, videos, content and other elements that comprise our site, which are not explicitly mentioned are also protected as copyrighted works. Thus, Vingle shall have all rights therein, subject to other related agreements created by Vingle.
- By submitting, posting, or transmitting Content through Vingle's Services, you grant Vingle a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, store, reproduce, modify, publish, display, adapt, transmit, create derivative works, and distribute your user Content on Vingle. The rights you authorize in this license is for the sole purpose of developing, operating, providing, and improving Vingle's products and services. You also agree that this license includes the right for Vingle to make all submitted Content available to third parties who partner with Vingle to display, broadcast, or distribute such Content on other media and services. Note also that we may modify or adapt your Content in order to provide, transmit, display, or distribute it over computer networks and in various media and services.
- Further, Vingle shall have a perpetual, irrevocable license in the posts and content submitted by the user for the advancement of its service, business interests, and any other purposes seen fit at its sole discretion.
- Vingle reserves the right to remove user content at any time, without prior notice or justification at its sole discretion.
7. Our Liability to You
- Vingle reserves the right to cancel, discontinue, suspend, modify, terminate, or alter its online community service at its sole discretion. Should any of the above actions be taken by Vingle, Vingle shall not be held responsible to the user for the consequences that such actions may incur.
- The Vingle Online Community website may contain links to third party websites, which are not owned by, controlled by or affiliated with Vingle. Vingle does not have any control over, and also assumes no responsibility for, the content, privacy policies, or practices of any third party websites, thus should you access such links, you do so at your own risk. The presence of these third-party links in the online community shall in no way serve as an endorsement, sponsorship, or other affiliation to the third-party website nd the content contained therein.
- Vingle, as an online community service provider, shall not be held responsible or liable for the comments, opinions and material on the website that has been posted or created by its users and/or third-parties. Those comments, opinions, and other material shall be the sole responsibility of the party who posted said material.
8. Copyright Infringement
If you are a copyright holder and you have reason to believe that your copyright has been infringed upon, please click here.
9. Termination of Membership
- Vingle reserves the right to terminate user membership at any time, with or without cause, not to be limited to the following reasons:
- If the user is found to be an intellectual property right infringer
- The user has violated the terms of service and conditions agreement
- The user has violated the community user guidelines
- Vingle shall view each instance of a case-by-case basis at its sole discretion to determine whether such behavior warrants a warning, suspension, or membership termination.
10. General Warranty Disclaimer
THE USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK AND TO THE FULLEST EXTENT THAT IS PERMITTED BY LAW. VINGLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VINGLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, OR THE CONTENT PROVIDED BY ITS USERS, AND VINGLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT. VINGLE DOES NOT ASSUME AND LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND THAT RESULTS FROM YOUR ACCESS AND USE OF OUR SERVICES. VINGLE IS ALSO NOT LIABLE OR RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS OR USE TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL OR FIANCNAIL INFROMATION CONTAINED THEREIN. VINGLE IS NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR SERVICE TERMINATION OR THE CONSEQUENCES OF SUCH INTERRUPTION OR TERMINATION. VINGLE SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY TECHNICAL ISSUES SUCH AS BUGS, TROJAN HORSES, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OUR SERVICE OR THROUGH LINKS TO THIRD-PARTY WEBSITES. VINGLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER FORM OF ADVERTISING. VINGLE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY VENDORS FOR THE PURCHASE AND SALE OF GOODS AND SERVICES.
11. Limited Liability
- Vingle, its directors, officers, managers, employees, shareholders, and or agents shall, at no time, be liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, and without limitation to lost revenues or profits, loss of business or loss of data, that are in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
- Vingle is specifically not liable for the actions, content and conduct of any third party, and as such, any damages you incurred as a result of such actions is to be borne by you, the user.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Vingle, its parent corporation, officers, directors, managers, employees, shareholders, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from the following instances: (a) your use of and access to the Vingle Online Community; (b) your violation of any of the terms in these Terms of Service; (c) your violation of any third party right, including without limitation any intellectual property, personal property, and privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
13. Your Ability to Access our Online Community
The terms and conditions of this agreement and any rights or licenses created hereing, are not subject to assignment or transfer by you, but are subject to assignment or transfer by Vingle at any time and at Vingle’s sole discretion.
15. Choice of Law
You agree that in the case of any dispute between you and Vingle, that concerns these terms and conditions, shall be governed by the laws of State of California. You also agree that Vingle is deemed to be solely based in State of California, and as a passive website, that does not give rise to personal jurisdiction over Vingle, anywhere besides State of California.
- I hereby affirm that I am above the age of 13.
- I agree to abide, to the fullest extent, by the above mentioned terms.
The Information We Collect
In the Vingle Community, you information is collected in two manners. The first manner is through the information that you expressly provide to our community. The second manner is through the information related to your personal usage of our online community.
Information You Provide to Us:
- Vingle is the sole owner of the information collected on this site. We do not sell, share, or rent this information to others in ways different from what is disclosed in this statement without your express permission or unless ordered to do so by a court of law.
- In order to access our website, you do not need to be a registered member, but in order to have special access and perks you will need to be a registered member. The following information is the information that you may need to provide in order to become a member as well as other provided information to which Vingle will have access:
- Basic Contact Information: name, email address, zipcode/postal code, and phone number;
- User name and Password that you have created;
- Any information you provide when you create your personal profile page;
- Your online searches on our website; and
- Your correspondence with our company
- Please note that any information that you provide through your posts, chats, comments and content submissions is also a part of this section.
Information From Your Personal Usage:
- When you use our Vingle website, the following information, but not limited to, may be collected from your usage:
- Your computer’s IP (internet protocol) address;
- Your geographic location;
- Your browser-type, operating system, and other software-related information;
- Information collected through cookies and other similar types of technology. Please see our technology guide for more information;
- Your activities within the Vingle Community such as posts, logins, and pages visited;
- Third-party Webpages, advertisements, and links you have clicked while visiting Vingle;
- Standard server log information; and
- Any information about your computer’s hardware.
How Vingle Uses Your User Information
- We do not share personally identifiable information about our members, which includes names, phone numbers, and email addresses with third parties.
- We may use the information that you provide directly and indirectly to send you email communications such as changes to the website, policy changes, updates, and other information that may be of interest to you given your interactions in the Vingle Community. We do not send unsolicited email (Spam).
- Given the recent importance of phone applications and the need to stay updated with information, with your consent, we may use your mobile number to send you notifications for your subscribed parties, information of promotions, and other service-related text messages.
- In order to provide our Vingle Community members with free access to our online content, we display advertisements on the website. Many of these advertisements will be personally targeted to your interests and lifestyle given your demographic information and activity on the website. This customization is accessed through cookies and other similar technologies. Please read the technology guide for more information.
- Since our purpose is to provide our members with an open, but civil forum in which to discuss their interests and opinions, we have decided to track user account activity. This will help us to better understand our members’ needs based on the involvement in each party, as well as whether our user policies need to be modified based on unforeseen user conduct.
- In order to learn more about our members’ usage of our site, we will gather and analyze all member statistics in order to bring our members the best possible community experience.
- We reserve the right to use any information that has been directly or indirectly provided by you in order to prevent illegal activities, to enforce Vingle’s Terms and Conditions Agreement, and our rights and the rights of our members.
Sharing Your Information:
Vingle values your privacy, thus we share information about our members only under certain circumstances. In the following circumstances, Vingle will make your information available to other companies, application, or other people:
- We may share aggregated information or information that does not directly identify you with third parties to help us develop content, services, and advertising that we hope you will find of interest. Please note that we do not share contact information with third parties that advertise on the Site.
- We may employ third parties to perform Vingle-related services, including database management, maintenance services, analytics, marketing, data processing, and email and text message distribution. These third parties have access to your information only to perform these tasks on our behalf.
- If you choose to engage in public activities on the site, such as posting comments on community message boards, any information you submit can be read, collected, or used by others. Please exercise caution when deciding to disclose any personal information in public activities or submissions.
- We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of the Vingle's Terms and Conditions, or as otherwise required by law.
- We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
In addition to the scenarios identified above, we may share information about you for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
Please note that third parties may independently collect data about you, including your IP address and information about the websites you visit and the links you click, through cookies, clicks on links, or other means when you visit or view ads on the Site. For more information, see our section on cookies and other technologies and third party advertising.
User Opt-Out Option
At any time during your membership, you have the right to change your security settings, opt-out of certain technologies, and/or deactivate your account membership.
- Security Settings Changes: You have the right to decide who has certain access to your account and your account information. This can be done in your security settings preference section in your member profile.
- Opt-Out Option: You have the right to opt-out of certain technologies that are used on our website, such as cookies, flash cookies, and similar technologies; however, the advertisements that may be associated with certain cookies will still be on the website, but no longer customized for your interests and demographic. Please read our technology guide for information on how to disable your cookies.
- Deactivation of Your Membership Account: You can deactivate your account at any time by visiting the preference page of your profile. Although your account will be disabled, all of your posts and content submissions will remain on the website and in the public domain. Vingle is under no obligation to remove your information from the public domain due to your deactivation.
Protecting Your Information
In order to protect your user information as much as possible, Vingle limits access to your personal contact information to employees or service providers who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. These persons are subject to strict contractual confidentiality obligation and may be disciplined or terminated if they fail to meet these obligations. We also have adopted commercially reasonable technical, physical, and administrative procedures to help protect information about you from loss, misuse, and alteration. In particular:
- We encrypt many of our services using SSL
- We regularly review our information collection, storage and processing practices to guard against unauthorized access to our system and your account information.
Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident in the Vingle Community, but we cannot ensure or warrant the security of any information you transmit to us.
Children under 13
We do not knowingly collect personal information from children under 13. If we learn that we have collected any personal information from a child under the age of 13 without verifiable parental consent, we will delete that information from our database as quickly as possible. If you believe that we may have collected information from a child under 13, please contact us at email@example.com.
Questions and Suggestions
Effective Date: March 5, 2012
Intellectual Property Policy
If you are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Vingle website or (2) any material or activity contained on an online location to which Vingle has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Agent for Notice of Claims with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
- 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, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- 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 (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement 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 an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. E-mails or notices sent to Vingle without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
Notification pursuant to the DMCA should be sent to:firstname.lastname@example.org