WHO WE ARE
Our website URL is: https://vtimeout.com/
This website is owned and operated by © vTIMEout -a trading name of Vigwe Global Limited (VGL), registered in England and Wales no. 12709234.
vTIMEout offers educational and skill-based competition activities and leverages the power of technology to radically change educational support provisioning. Through our competitions, we raise awareness for our free Students Scholarships and Grants Scheme -encouraging students to apply and benefit for free. Our competitions result in the winning of amazing prizes by participants. There is a free entry method and also a monetized entry method. Monetized entries are a support to our cause as a percentage goes to the free Student Scholarships and Grants Scheme.
STANDARD OPERATING TERMS AND AGREEMENTS
Vigwe Global Limited (“VGL”) and any and all entities that are controlled by, or are affiliated under common control with VGL are collectively referred to herein as “we,” “us” or “our”. (This does not include affiliates websites on our affiliate program)
1. Qualifying Persons
1.1 vTIMEout (‘Vigwe Global Limited’,’Promoter’, ‘our(s)’) offers free educational support and skill-based competition activities resulting in the allocation of prizes in accordance with these terms and conditions on the website (‘Prize’ or ‘Prizes’) https://www.vtimeout.com/ (the ‘Website’) .
1.2 Our activities Prize competition listings (‘prize competition’, ‘listings’, ‘competitions’, all refer to the same thing) are open to persons aged 18 or over who is legally allowed to participate in free draws. Educational support and skill-based competition activities may be illegal in the jurisdiction in which you are located; if so, you are not authorized to use your payment card to complete this transaction. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are restricted from participating in the prize competition listing.
1.2.1 Everybody who owns a vTIMEout account is referred to as a user, all users are ‘members of the vTIMEout closed community’ and can view the closed community data. Members of the vTIMEout closed community must be logged on to view the closed community data.
1.3 The Promoter reserves the right to close a user’s account at any time if they feel the user is abusing the services, being abusive to other users or staff or they have the belief that it is not genuinely the user that is entering.
1.4 The Promoter reserves the right to refuse a user’s Entry at the Promoter’s own discretion.
1.5 These terms and conditions apply to the draws and the vTIMEout Club.
1.6 For contact services, please refer to the contact us page. We usually respond within one business day.
2. Legal Undertaking
2.1 By entering a listing, the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘user’) will be deemed to have the legal capacity to do so, you will have read and understood and accepted these terms and conditions and you will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material.
2.2 Activities are governed by English law and all and/or any matters or disputes relating to the activities will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in listings, and by accepting these terms and conditions you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our listings. The Promoter will not be held responsible for any Entrant entering any of our listings unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
3. Listing Entry
3.1 Technically, there are 2 types of entries.
-Regular entries sent to our Head office (free entry)
-Other entries created online due to a monetized checkout.
To enter a listing, a participant only has to send a postcard containing the participant’s details and details of his/her entry indicating the competition he/she wants to enter to our UK head office. This is the regular entry method and it’s free. Entries created from monetized checkout can be processed using the participant’s billing details without the need for a postcard. Multiple Listings may be operated at the same time by the Promoter and each listing will have a specific Prize.
3.2 Availability and requirements of a listing are at the discretion of the Promoter and will be specified at the point of entry on the Website. There is no requirement to pay to enter any listing draw, as all listings are free to enter– see further rules below for entering for free.
3.3 In order to participate in a listing, you will need to register an account with us. You can register an account online. To register an account online you will be asked to provide an email address or sign in via a social media account, such as Facebook, Twitter, or Gmail (‘Social Media Account’)
3.4 When participating in a listing, you must follow the instructions to (a) Decide the competition you would like to participate in. (b) Proceed to participate. By participating, you confirm you have carefully read and understood these terms and conditions; (c) If it’s a monetized checkout, instant tickets would be allocated to you. Please note that when participating in our listing you will not be deemed entered until we confirm your entry which can be confirmed in your account when you log in (and any such entry referred to herein as an ‘Entry’ or ‘Entries’ or ‘Participation’ or ‘Participations’ ).
3.5 The Promoter reserves the right to refuse or disqualify any incomplete Entry if it has reasonable grounds for believing that an entrant has contravened any of these terms and conditions.
3.7 (Refund Policy) To the extent permitted by applicable law, all Entries become the Promoter’s property and may NOT be returned except in necessary cases. This is because once a ticket is allocated on a running listing, the ticket number becomes unavailable for reallocation to another entrant who might be interested in that allocated ticket number. As a result, this entrant would have to take another ticket number. To maintain a leveled participation ground, allocated tickets must remain allocated till the end-of-life of that listing.
Note: All participations in the listings are final and no refunds shall be made at any time or for any reason, except in the case where the Promoter cancels the listing. Free entries entered via mail and arriving after the listing end date shall be rendered null and void.
3.8 The Entrant can enter each listing up to a maximum of 25 times.
3.9 (a) Each account can have an unlimited amount of entries, providing they are allocated on that account on behalf of other people.
3.10 Each listing closes when the last number is taken, no more Entries after this point will be accepted.
3.11 All Entrants (including those entering for free) must create an account prior to entering and supply an email address to proceed in the participation.
4. Promotion period
Each listing will run for a specified period. Please see each listing for details of the start date or the target end date and time (‘Promotion Period(s)’). However, listings are open for a 7-days extension to a maximum of 4 times if minimum entry is not reached. If minimum entry is still not reached after 4 additions of 7 days, the listing would be drawn and a cash alternative prize of 50% of the ticket-generated funds will be awarded to the winner.
5.1 The Promoter hereby reserves the right not to give or make a Prize until it is satisfied that (a) the Winner has a validly registered Website account and/or is not in breach of these terms and conditions, (b) any and/or all amounts due or owing by you to the Promoter have been paid in full, (c) the identity of the Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a Prize until satisfied appropriate proof of identity has been provided), and (d) the Promoter may require proof of age to be produced before giving or making a Prize. Prizes will not be given or made to Winners found to be under the age of 18.
5.2 Without prejudice to rule 4.1 above, the Promoter reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a draw.
5.3 The Promoter may, at its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorized representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorization.
6. Draw Judgement
6.1 Winner(s) is/are picked randomly by systematically collating all issued ticket numbers once the listing is due for a draw. We use a cutting edge software named mt_rand for this. This software uses the mt_rand PHP function to randomly pick the winning number(s) from the collection. Secure, reliable, completely random, and ensures high-availability.
6.2 Depending on the nature of the listing, there may be 1,2,3,4, or even 10 winners per listing. The estimated winners for each listing can be seen on the listing page. Some listing may also have runners up prizes.
6.3 At the end of a listing, all participants get a notification email. The promoter will attempt to contact Winner(s) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database. It is the Entrant’s sole responsibility to check and update these details. If for any reason they are taken down incorrectly, vtimeout.com will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
6.4 If for any reason vtimeout.com does not hear from a winner, the prize is withheld securely for the winner up to a maximum of 90 days (which may be extended at the sole discretion of vtimeout.com ), after which the Winner will forfeit the prize and the prize will remain in the possession and ownership of vtimeout.com
6.5 In the event that vtimeout.com closes a listing early, the Winner will be selected from all valid and eligible entries received by vtimeout.com prior to the date of closure. vtimeout.com reserves the right at its sole discretion to extend the closing date of any listing, up to a maximum of 4 times. If all minimum entry is not reached after 4 additions of 7 days, this listing would be drawn and a cash alternative prize of 50% of the generated revenue will be awarded to the winner.
6.6 All Entrants are automatically entered onto vtimeout.com database for the purpose of conveying information as to the status of their listing, as well as any future Promotions or listing offered by vtimeout.com.
7. Winners’ Details
7.1 Winners will be required to fill a short form and show proof of identification to claim a prize. Any failure to meet this obligation may result in the Winner being disqualified and vtimeout.com retaining the prize.
7.2 Winners will also be required to provide photographs and/or pose for photographs and videos, which may be used in future marketing and public relations by vtimeout.com in connection with the listing and in identifying them as a winner of a listing.
7.3 Following receipt and verification of the details requested above by vtimeout.com, the prize release, and delivery process will be initiated.
8. Listing Prizes
8.1 vtimeout.com prizes are determined, selected by all and/or some of the managing directors of the company, and are owned by vtimeout.com from the date of the listing going live on the website to the date that the winner receives the prize. Prizes are picked by vtimeout.com, but depending on the claim-method, prizes may be procured by either vtimeout or the prize winner (for cases where a winner prefers to purchase the prize by himself/ herself). Details of each prize listing can be found on the website on the listing pages. vtimeout.com takes no responsibility for the prize awarded after delivery, once the winner receives the prize, vtimeout.com does not insure the prize. No insurance comes with the prizes and vtimeout.com cannot be held responsible for the prize once handed over to the winner.
8.2 Delivery to the winner is free within the UK. For winners outside the UK, a delivery arrangement has to be made by the winner. vtimeout.com has a right to charge a winner delivery fees if the winner wants the prize delivered by us to anywhere other than the UK.
8.3 All entrant expenses are the sole responsibility of the Winners.
8.4 All prizes are subject to the terms and conditions of the prize provider, manufacturer, or supplier.
8.5 Each Prize must be accepted as awarded and by default is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers, or discounts, including without limitation any vouchers or offers of vtimeout.com or other prize suppliers unless for circumstances beyond all parties control or otherwise stated by us.
9. Winners’ Personal Data
9.1 Acceptance of the prize by the Winner will mean they are required to have their photo and video taken by vtimeout.com for promotional purposes (Public Relations and Marketing), This may be required immediately after their win when claiming a win, or in the future for use in accordance with rule 6.2, unless prohibited by law.
9.2 By entering a listing, you agree to the use of your name and/or photograph or other likenesses to be used for marketing purposes as required by vtimeout.com if you are declared a Winner.
10. Limits of Liability for Competitions
10.1 vtimeout.com makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of vtimeout.com, vtimeout.com shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by vtimeout.com, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the Prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the listing promoted by vtimeout.com.
10.2 The total maximum aggregate liability of the Promoter to each Winner shall be limited to the total value of each Prize that has been won by the relevant Winner.
10.3 The total maximum aggregate liability of the Promoter to you (if you are not a Winner) shall be limited to the amount that you have supported our cause with to enter the listing in the first 12 months of you playing any listing.
10.4 Nothing in these terms and conditions shall prevent you from making claims to the extent that you are exercising your statutory rights.
10.5 As a participant, you agree that you are legally permitted to view or participate in prize competitions, else, you are advised to leave the website immediately.
11. Electronic Communications
11.1 No responsibility will be accepted for failed, partial, or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. vtimeout.com shall use its best endeavors to award the prize for a listing to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, vtimeout.com reserves the right to reclaim the draw prize and award it to the correct Entrant, at its sole discretion and without admission of liability. In the event that vtimeout.com closes a listing early, the Winner will be selected from all valid and eligible entries received by vtimeout.com prior to the date of closure, except that vtimeout.com reserves the right, at its sole discretion, to close a listing early without selecting a Winner. In the event that a listing is closed without selecting a Winner, vtimeout.com will give all entrants Game Credit to enable them to replay equivalent tickets in a subsequent listing. vtimeout.com also reserves the right at its sole discretion to extend the closing date of any listing. vtimeout.com shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. vtimeout.com shall use its best endeavors to ensure that the software and website(s) used to operate its draws perform correctly and accurately across the latest versions of popular internet, tablet, and mobile browsers. For the avoidance of doubt, only the ticket recorded in our systems, however, displayed or calculated, shall be entered into the relevant listing and vtimeout.com shall not be held liable for any listing entries that occur as a result of malfunctioning software or other events.
12. Data Protection Notice
12.1 Any personal data that you supply to vtimeout.com or authorize vtimeout.com to obtain from a third party, for example, a credit card company, will be used by vtimeout.com to administer the listing and fulfill prizes where applicable. In order to process, record, and use your personal data, vtimeout.com may disclose it to (i) any credit card company whose name you give; (ii) any person to whom vtimeout.com proposes to transfer any of vtimeout.com rights and/or responsibilities under any agreement vtimeout.com may have with you; (iii) any person to whom vtimeout.com proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of vtimeout.com in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record, and disclose your personal data, vtimeout.com may need to transfer such information outside the United Kingdom, in which event vtimeout.com is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
13. Free Entry (Regular Entry)
13.1 You can enter any listing for free via the regular entry method. To enter for free, you must first create an account and then send your name, address, date of birth, e-mail address, and contact telephone number on a postcard to our UK head office at Office 67, 182-184 High Street North, East Ham, London, E6 2JA, UK and must arrive by the listing closing date. First or second-class postage must be paid. Postal Entries are limited to one Entry to each listing per postcard. Entrants must specify which listing they wish to enter. For listing draws, a random number will be allocated to each free entry by the Promoter. All free entries will be treated in the exact same way as other entries. Where applicable, these listing terms and conditions also apply to free Entries. All free entries are processed on the Sunday of each week. Failure to match a registered account with your postal entry will result in the disposal of your entry. You can register for an account here: https://www.vtimeout.com/my-account/
14. Transparency statement and Fraud/collusion monitoring information
14.1 All listings on vTIMEout follow the same process from start to finish.
- All listings have a maximum and minimum participation entry target for the listing to be due for a draw.
- If the maximum participation in the listing is reached before the target end date, the listing is auto-ended and the winner is drawn.
- If the minimum participation is not reached before the target end date, an additional 7 days will be added to the countdown timer (up to a maximum of 4 times). If all tickets are not sold after 4 additions of 7 days, the listing would be drawn and a cash alternative prize of 50% of the ticket-generated funds will be awarded to the winner.
- To ensure draws are very free, fair, and genuinely random, our draw system is built on modern technology software. In our draws, winner(s) is/are picked randomly by systematically collating all issued ticket numbers once the listing is due for a draw. Our system uses the mt_rand PHP function to randomly pick the winning number(s) from the collection. PHP function mt_rand() provides solid randomization for this purpose.
vTIMEout guarantees that draw are totally random and nothing can influence the outcome of a draw.
- Please be informed that tickets are non-refundable once the order processing has been completed at our end and the ticket has been allocated to you. You are advised not to participate in listings if you are not willing, under duress, or not entirely sure you would like to participate.
15. KYC and AML Policy
15.1 Checking the participant’s age:
Upon site visit, every visitor goes through the age verification process where minors are prevented from viewing the site.
15.2 Participant Due Diligence:
Before a user is allowed to participate, we gather his/her information inclusive of his/her phone number which must be OTP authenticated.
This information gathered helps in verifying the user’s identity and when required, helps in evaluating whether they are involved in any crime.
15.3 Problem-gambling behavior and gambling addiction prevention:
To ensure no participant spends heavily on our website, we have a limit on the total checkout amount a user can make our website. The current limit is the equivalent of 25 tickets per listings. This also helps make our operation AML compliant.
We also track participants’ activities on our site and place a temporary or permanent ban on suspected participants who become addicted to the draws. The below signs are tracked to help detect when a participant has become addicted:
Chasing prizes: Participants who try to make money by carelessly entering multiple listings.
Bitterly out-of-luck: Participants who frequently complain about not winning the prize.
16. Prize Claim.
16.1 Winner(s) can easily claim their prizes won on vTIMEout via our secure prize claim page by filling out a one-page claim form with necessary details (including account details when it is a cash prize).
- First name and surname
- Photo of a valid ID card
- Proof of address
- Winner picture (Would be attached to the listing result on our winners’ page so you might want to use a good looking picture. This picture is not shared with third parties)
- Claim method
Winners may claim the won item using two methods:
This method allows for easy access to won prizes. Shipping is usually not required as prizes may be claimed locally. No delays. Fast and reliable. On the page, a claimer may choose to receive the prize locally from our pre-approved stores or agents at the claimer’s location, a claimer may choose to receive the cash value of the prize, a claimer may also choose to purchase the prize himself. QUCIKclaim is only available for supported regions. We currently cover most countries and are constantly working towards covering more. The primary essence of the Quickcliam method is to allow winners to transfer claim rights to someone else even in a different region.
- Regular claim
With this method, a winner opts in for the traditional claim method where the won item is delivered to the winner’s location. Shipping is usually required as the delivery requires proper logistics. The delivery time may be as short as a few days to as long as a few weeks depending on our supplier’s delivery timelines. This delivery timeline is ultimately subject to the standing realities of the world which may not be within our control or influence e.g the COVID-19 lockdown of 2020. In such cases, the delivery timeline may be unexpectedly long. We advise claimers to use the QUCIKclaim option to enjoy a fast and reliable prize claim. In Regular claims, shipping is only free within the UK. For locations outside the UK, a courier arrangement has to be made by the claimer.
Promoter: Vigwe Global Limited t/a vTIMEout
Office 67, 182-184 High Street North, East Ham, London, E6 2JA. United Kingdom
GENERAL TERMS AND CONDITIONS
Vigwe Global Limited (“VGL”) and any and all entities that are controlled by, or are affiliated or under common control with VGL are collectively referred to herein as “we,” “us” or “our”.
3. Restrictions on Use of Material
All information, content, and materials contained on VGL Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content, or material from any VGL Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from any VGL Site. The use of any information, content, or materials on a VGL Site on any other Web site or computer environment is prohibited.
The VGL Sites are only for your personal use. You may not use the VGL Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
If you intentionally or unintentionally send us unsolicited submissions, or through features or activities on any VGL Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled “PUBLIC FORUMS AND COMMUNICATION”)), you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, “User-Generated Content”) through such features or activities (such User-Generated Content, together with unsolicited submissions, the “Submissions”), we (and our licensees, distributors, agents, representatives and other authorized users)shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on VGL Sites and on third party web sites) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions. To the extent that we solicit Submissions through features or activities on VGL Sites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
5. Registration Information and Security
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any VGL Site (or any portion thereof).
You also agree (a) to promptly notify us using the form located at the corporate pages of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any VGL Site. In addition, you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
6. Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of any VGL Site that enables users or visitors of any VGL Site (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other VGL Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function.
You acknowledge that anything you submit to a VGL Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
7. House Rules
The following is a list of House Rules applicable to the VGL Sites. By using the VGL Sites, you agree that:
• You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled “SUBMISSIONS”);
• You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any VGL Site (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
• You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the VGL Sites or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the VGL Sites;
• You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
• You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
• You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
• You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
• You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
To the extent that any feature on a VGL Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.
8. Our Content Removal Rights
9. Content Linked to any VGL Site
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a VGL Site.
THE INFORMATION, CONTENT AND MATERIALS ON VGL SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY VGL SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY VGL SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY VGL SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY VGL SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any VGL Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any VGL Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY VGL SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A VGL SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 USD (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY VGL SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE VGL SITES AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE VGL SITES IN AN ACCURATE OR TIMELY MANNER.
13. Jurisdictional and Venue Issues
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
16. General Provisions
17. Notice and Procedure for Making Claims of Copyright Infringement
We may give notice of copyright infringement to our users by means of a general notice on any VGL Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent in the original notification that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
• Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which VGL may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
18. Language Versions
In the event of there being a discrepancy between the English language version of this policy and any other language version, the English language version will prevail.