Welcome to VBOOST! This website, mobile application and service is owned and operated by VBOOST INC, which processes photos in the United States, and Canada. (“VBOOST”, “us”, “our” or “we”). The following are the terms and conditions of use (“Terms“) that govern the use of our websites located at Vboost.com and any other website where we post these terms (the “Site(s)“), our mobile applications (the “Mobile App(s)“), The Site, Mobile App, are collectively referred to as the “Services.”
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY CONTINUING TO USE THE SITE, OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THESE TERMS.
By using the Services, you represent that you are at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Services. If you do not meet these requirements or do not agree to these Terms, please do not use the Services. We reserve the right, at our discretion, to alter or remove contents or features on the Services, as well as change, modify, add, or remove portions of these Terms at any time. This may include initiating or changing fees or charges for use of the Services or portions thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Services. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms will mean you accept those changes. You can tell the most recent version of the Terms by looking at the effective date.
About Our Services
VBOOST is the owner and operator of proprietary, web-based electronic slideshow generating and applications. We take photos and convert them to slideshows built for Social media sharing. These delivered messages contain links and buttons to connect users to websites and social sharing platforms.
We are the owner or licensee of all of the content contained on the Services (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof), as well as the software (including any images or files incorporated in or generated by the software), underlying code, and data accompanying the software for the Site (collectively, the “Software”).The Services and Software are protected by copyright, patent and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under United States and international intellectual property laws. By using the Services, you acknowledge that you do not acquire any ownership rights to the Services, Software or any contents thereof.
Limited License; Restrictions
We provide the Services to you for the purposes of providing you with information about us, as well as products and services offered or described on the Services. You are granted a limited license to use the Software and/or download the materials contained on the Services to a single personal
computer or mobile device, and to print a hard copy of the materials contained on the Services, solely for your personal use, and provided all copyright, patent, trademark and other proprietary notices are left intact. You are not permitted to use, reproduce, modify, display, publicly perform, distribute, or create derivative works in any other media, by any means and for any purpose without our prior written permission. In all cases, the Site or Mobile App must be acknowledged as the source of the material.
The grant of this limited license is conditional upon your agreement to and full compliance with these Terms. Any other use of the Software or any of the materials on the Services, including use on any other website, reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors.
If you download any Software from the Services, the Software, is subject to the limited license set out above. We and/or our suppliers (as the case may be) retain all right, title, interest and intellectual property rights (including any copyrights, trademarks, patents, trade secrets or other intellectual property) in and to the Software. You may not distribute, sell, use or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it, or otherwise using it for commercial purposes.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks“) are the registered and unregistered trademarks owned by us or by our licensors, service providers and or others that have granted us permission to use such Trademarks. You may not use the Trademarks in connection with any product or service that is not offered by us, and users are not granted any license or right to use the Trademarks for commercial or any unauthorized purposes.
Customer Portal Accounts and Account Management
As part of our Services, we provide access to a customer portal that allows certain registered users to manage contact information.
Furthermore, we and designated personnel to perform any action on your behalf that you could otherwise perform if instructed by someone in possession of your account authorization information. You agree that we may perform these actions, including, but not limited to, addition or correction of account profile information, addition of additional forms of electronic identification to your account.
Code of Conduct
On the Services, we may enable users to post comments, content, or interact with others. You may not use the Services to:
1. defame, abuse, harass, harm or threaten others;
2. make any bigoted, hateful, or racially-offensive statements;
3. advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
4. post or distribute any material that infringes and/or violates any right of a third party or any law;
5. post or distribute any vulgar, obscene, discourteous, or indecent language or images;
6. advertise or sell to or solicit others;
7. use the Services for commercial purposes of any kind;
8. post or distribute any software or other materials that contain a virus, worms, Trojan horses, defects, date bombs, time bombs or other harmful component;
9. post material or make statements that are not appropriate to the content of the Services;
10. restrict or inhibit any other user from using and enjoying the services or features of the Services;
11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Services;
12. transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so;
13. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
14. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including us or any of our employees, including improper use of passwords, pass codes, pre-sale codes or discount codes if you are not the original recipient of such code;
15. use the Services or any materials contained on the Services for any unlawful or commercial purpose;
16. interfere with or disrupt any servers or networks used to provide the Services or any features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Services;
17. gain, or attempt to gain, unauthorized access to the Services, or any account, computer system, or network connected to the Services (including ticketing web sites, whether operated by us or others), by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
18. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
19. gather any email addresses or other personal information that has been posted by other users of the Services for marketing or for commercial or other improper purposes;
20. “Frame” or “mirror” the Services, or any part thereof; or
21. use any automatic means (e.g., robot, spider, offline reader, the Services search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content or (b) to make multiple and repetitive inquiries to access, reload or “refresh” transactional event or ticketing pages. The only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).
While using the Services, you agree to comply with all applicable laws, rules and regulations. Please let us know if you believe someone is violating the Code of Conduct.
To use certain features of the Services, you may need a username and password, which you will receive through the registration process. You must provide us with accurate, complete, and updated registration information. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us in writing immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. We may refuse registration or cancel an account or deny access to the Services in our sole discretion.
We reserve the right to remove or edit content from the Services at any time and for any reason. By uploading or submitting any materials to us or the Services, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
When reading content posted by end-users, 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 in any user-generated content area. Information obtained from end-users may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
Termination and Suspension
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account with us. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of our Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services provided by us. Termination of your account with us includes (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (b) barring of further use of the service provided by us. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the services provided by us.
THE SERVICES AND THEIR CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE SERVICES ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE SERVICES.
While we try to provide accurate information on the Services, the data and other information contained on the Services are subject to frequent changes. We also receive information from a variety of sources that we do not control and for which we cannot be responsible. As a result, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Services or other websites that link to or from the Services. Please let us know if you discover any inaccuracy in the Services content. As noted above, we are not responsible for the conduct of the operators of third-party sites, and we cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Services or third-party content on the Services. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to
give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER VBOOST NOR ANY OF ITS PARENTS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“RELEASEES”), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO:
- • THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES,
- • ANY LINKED WEBSITESOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VBOOST SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:
- • ANY FAILURE OF A USER TO CONFORM TO THE CODE OF CONDUCT OR THESE TERMS,
- • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE,
- • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
- • ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
- • ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, OR THE LINKED WEBSITES, AS APPLICABLE. OUR MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100 OR THE TOTAL AMOUNT VBOOST HAS RECEIVED FROM YOU IN THE PAST THREE MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Services; any material you post, upload, e-mail or otherwise transmit to or using the Services; or your violation, breach or alleged violation or breach of these Terms.
The Services contain links to other Internet websites. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from the Services. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such websites, and that such websites will be free of viruses or other harmful elements. You may establish a hypertext link to the Services so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Services, or incorporate into another website or other service any of our material, content or intellectual property.
Permitted Use of Mobile Application
Our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of VBOOST. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.
Mobile Devices & Third-Party Restrictions
If you access our Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g., the Apple App Store, Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
VBOOST, not Apple, is responsible for:
- • The content in the Mobile App;
- • Maintenance or support of the Mobile App;
- • Any product warranties, whether express or implied;
- • Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
- • The investigation, defense, settlement and discharge of any third-party claim that the Mobile App or your possession and use of that Mobile App infringes a third party’s intellectual property rights.
(Not applicable to Quebec consumers) These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law. With the exception of any matters subject to arbitration as described above, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
We may add to, change or remove any part of these Terms at any time, without notice. Any changes to these Terms or any Terms shown on the Services apply as soon as they are shown. By continuing to use the Services after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms each time you use the Services, so that you can take note of any amendments we may make. We may add, change, discontinue, remove
or suspend any other content displayed on the Services, including features and specifications of products and services described or depicted on the Services, temporarily or permanently, at any time, without notice and without liability.
Any waiver of any provision of these Terms must be in writing, and must be signed by the party waiving its rights in order to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.
Billing/Pricing: You will only receive the Services and other event related text alerts when you request or otherwise agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
Wireless plans, supported mobile providers, coverage, pricing and billing are not within our control and are subject to change. Please check with your local mobile provider for full details.
Supported Carriers: The following carriers are supported for text alerts: Alltel, Boost Mobile, Cingular Blue (AT&T), Cingular Orange (Cingular), Dobson Cellular, Sprint/Nextel, T-Mobile, US Cellular, Verizon Wireless, and Virgin Mobile. Pre-paid phones or calling plans may not be supported. The foregoing carriers are supported within the United States and may be supported in Canada.
Wireless plans, supported carriers, coverage, pricing and billing are not within our control and are subject to change. Please check with your local carrier for full details.
Unless otherwise provided for herein, all notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: VBOOST INC, 120 Tustin Ave C1117, Newport Beach, CA 92663, Attention: Legal Department. Notice will be deemed effective three (3) days after deposit with the United States Postal Service or courier. In addition, Flash Seats may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided us during any transaction conducted with us. Notice will be deemed effective twenty-four (24) hours after the sending of an email (unless returned due to an invalid email address) or three (3) days after mailing.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Services in a manner that constitutes copyright infringement, please inform us by sending written notice to VBOOST at address or email set forth below. The notice should comply
with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).
- • 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 you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
- • Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- • 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.
Please send notifications of infringement by email to our Copyright Agent at info@Vboost.com or send them by mail to the address below.
120 Tustin Ave., C1117
Newport Beach, CA 92663
Notice for California Users. Under California Civil Code Section 1789.3, Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.