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Terms of Service

Vunela Terms of Service

 

Welcome to Vunela! We’re excited to be able to share our mission with you, and for you to start taking microsteps to improve your leadership and career.

 

Please read these Terms of Service (this “Agreement”) carefully. This Agreement is a legal contract between you (“User”, “you” or “your”) and Vunela (“Vunela”“we”“our” or “us”), which sets out the terms and conditions that govern your use of our websites, and (collectively, the “Sites”) and any related content, information, services, technology features or resources (collectively with the Sites, the “Services”). By accessing or using the Services or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

 

Part I of this Agreement is for all Users of the Services (including, without limitation, content providers from Vunela). Part II of this Agreement sets forth additional terms between you and that apply to you if you upload, post, e-mail, transmit, or otherwise make Content available through the Services.

 

Please note that this Agreement is subject to change by Vunela in its sole discretion at any time. When changes are made, we will make a new copy of this Agreement available on the Sites. We will also update the “Last Revised” date at the top of this Agreement. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement or notify you through other reasonable means. Any changes to this Agreement will be effective immediately for new Users and will be effective thirty (30) days after posting notice of such changes on the Sites for existing Users. Your continued use of the Services constitutes your acceptance of such changes. IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. Please regularly check the Sites to view the then-current Terms of Service.

In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services or otherwise made available to you from time to time, including, without limitation, our Privacy Policy located at https://vunela.com/privacy-policy/ (the “Privacy Policy”). All such terms are hereby incorporated by reference into this Agreement.

 

Part I

  1. Registration

1.1 Registering Your Account

In order to access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a User who has registered an account (“Account”).

 

1.2 Registration Data

In registering an Account, please provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and maintain and promptly update the Registration Data accordingly. You represent that you are at least 18 years old (or the age of majority in your place of residence), your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. Please monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Vunela immediately of any use of your password without your permission or authority or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Vunela service at any given time. Vunela reserves the right to remove or reclaim any usernames at any time and for any reason.

 

1.3 Your Account

Subject to rights in Your Content (defined below in Part II if you are a content provider), you acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Vunela.

  1. Feedback

You acknowledge and agree that any ideas, suggestions, documents, and/or proposals related to the Services (“Feedback”) that you submit to Vunela is non-confidential, and you represent and warrant that you have all rights necessary to submit the Feedback to Vunela. You hereby grant to Vunela the perpetual, irrevocable, worldwide, sublicenseable, transferable right to copy, display, distribute, modify, disclose and otherwise use the Feedback in any way at any time without any additional approval or compensation or attribution. You agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

  1. Ownership of and License to Use the Services.

3.1 Use of the Services.

Vunela and its licensors and suppliers own all rights, title and interest in the Services (other than User Content, as defined below). The Services are protected by copyright and other intellectual property laws throughout the world. You agree to use the Services solely for your personal non-commercial purposes. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. Any future release, update or other addition to the Services shall be subject to this Agreement. Vunela, its licensors and suppliers reserve all rights not granted in this Agreement.

 

  1. Restrictions on Use of Services

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, transfer, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not enclose any trademark, logo or Services (including content, page layout or form) of Vunela; (c) you shall not use any metatags or other “hidden text” using Vunela’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not directly or indirectly “scrape” or download data from the Services (except if we have expressly granted such rights in writing); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, distributed or republished in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services. Any unauthorized use of the Services terminates the licenses granted by Vunela pursuant to this Agreement.

  1. Third-Party Links.

The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. Vunela does not control and is not responsible for Third-Party Links. Vunela does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

  1. Indemnification.

You agree to indemnify and hold Vunela, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and suppliers (collectively, the “Vunela Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content (if you are a content provider); (b) your use of, or inability to use, the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Vunela reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vunela in asserting any available defenses. This provision does not require you to indemnify any of the Vunela Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.

  1. Limitation of Liability.

 

7.1 Content

Except for Vunela’s obligations to treat your Personal Information in accordance with the Privacy Policy, Vunela assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, user communications or personalization settings.

 

  1. Termination.

8.1 Termination.

If you have violated or acted inconsistently with the letter or spirit of this Agreement, if we are required to do so by law (e.g., where the provision of any of the Services is, or becomes, unlawful), or if we choose to discontinue the Services (in whole or in part), we have the right to, immediately and without notice, suspend or terminate any the Services provided to you. If we become aware of any possible violations by you of this Agreement, we reserve the right to investigate such violations. In the event that we believe, in our sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated inappropriate conduct, we reserve the right to: (i) warn you via e-mail (to any e-mail address you have provided to us); (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.

 

8.2 Effect of Termination.

Termination includes removal of access to and barring of further use of the Services, including deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content (if you are a content provider). Vunela will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content (if you are a content provider). All provisions of this Agreement which by their nature should survive, shall survive termination of your use of the Services, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitation of liability.

 

8.3 No Subsequent Registration.

If your registration(s) with or ability to access the Services is discontinued by Vunela, you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Vunela reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in this Agreement without any notice or warning to you.

 

  1. Dispute Resolution.

If you have any questions, complaints or claims with respect to the Services, please contact us first at Vunela and we’ll do our best to address your concerns.

 

  1. General Provisions.

10.1 Electronic Communications

The communications between you and Vunela use electronic means, whether you visit the Services or send Vunela e-mails, or whether Vunela posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Vunela in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Vunela provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

 

10.2 Release

You hereby release Vunela Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services.

 

10.3 Assignment

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Vunela’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Vunela may freely assign this Agreement, and subcontract, delegate or otherwise transfer its rights and obligations hereunder, without your consent.

 

10.4 Force Majeure

Vunela shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

10.5 Notice

Where Vunela requires that you provide an e-mail address, you are responsible for providing Vunela with your most current e-mail address. In the event that the last e-mail address you provided to Vunela is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Vunela’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Vunela at the following email: info@vunela.com. 

 

 

10.6 Waiver

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

10.7 Severability

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

 

 

10.8 Entire Agreement

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

Part II

In addition to all provisions of Part I of this Agreement, the provisions of Part II of this Agreement shall apply to Users that upload, post, e-mail, transmit, or otherwise make Content available through the Services.

 

  1. Responsibility for Content.

1.1 Types of Content

You acknowledge that all information, data, pictures, or other content (“Content”) on the Services is the sole responsibility of the party from whom such Content originated. This means that you, and not Vunela, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services (“Your Content”), and that other Users of the Services, and not Vunela, are similarly responsible for all Content they make available through the Services (together with Your Content, “User Content”). Under no circumstances will Vunela be liable in any way for any Content of any third parties (including Users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.

 

1.2 No Obligation to Pre-Screen Content

You acknowledge that Vunela has no obligation to pre-screen Content (including, but not limited to, User Content), although Vunela reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby consent and agree that you will never revoke such consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Vunela pre-screens, refuses or removes any Content, you acknowledge that Vunela will do so for Vunela’s benefit, not yours. Without limiting the foregoing, Vunela shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

1.3 Ownership of Your Content

Vunela does not claim ownership of Your Content. You are solely responsible for all Your Content and you represent, warrant and covenant that Your Content will not (a) infringe or misappropriate any intellectual property or other rights of a third party, (b) contain software viruses or similar computer code, or (c) be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene or otherwise objectionable. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Services.

 

1.4 License to Your Content

While you retain ownership of Your Content, you acknowledge that we need to use Your Content in connection with providing the Services and otherwise in connection with our business operations. You hereby grant to Vunela and its affiliates a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable license to copy, distribute, display, modify and otherwise use Your Content in connection with providing the Services and otherwise in connection with our business operations.

 

In addition, you understand that Vunela gleans valuable insights from Your Content and the aggregated and/or anonymized data that is derived from your and others’ use of the Services, including information derived from Your Content. You acknowledge and agree that Vunela may create such aggregated and/or anonymized data from or using Your Content and other metrics related to your usage of the Services. You hereby consent to Vunela’s use of such aggregated and/or anonymized data in connection with its internal operations and functions, including, but not limited to, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes, as well as for Vunela’s other business purposes. You acknowledge and agree that Vunela may copy, display, distribute, modify, transfer, disclose and otherwise use any such aggregated and/or anonymized data. The foregoing rights set forth in this paragraph are perpetual, irrevocable, worldwide, transferable and sublicenseable by Vunela. Please note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.

 

1.5 Backing up User Content

We are not obligated to backup User Content, and Your Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere.

 

1.6 Do not send us confidential information in Your Content.

Please note that User Content will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other Users via the Services are public and not private communications, and that you have no expectation of privacy in respect of such communications.

 

Without limiting the foregoing, you acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Vunela, its Users and the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

1.7 Other Restrictions on User Conduct

You agree not to use the Services for any purpose prohibited by this Agreement or by applicable laws or regulations. You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves any commercial activities and/or sales without Vunela’s prior written consent; or (v) impersonates any person or entity, including any employee or representative of Vunela.

1.8 No Fees

You agree that you shall not be entitled to any monetary compensation in connection with Your Content.

 

1.9 Copyright Complaints

Vunela respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Vunela of your infringement claim in accordance with the procedure set forth below.