End User License Agreement
1. Your relationship with Vitzo
1.1 Your use of Vitzo’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Vitzo under a separate written agreement) is subject to the terms of a legal agreement between you and Vitzo. “Vitzo” means Vitzo Ltd., whose principal place of business is at Newtown Barracks Road 508, Belize City, Belize. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Vitzo in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Vitzo will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Vitzo, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Vitzo has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Vitzo.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Vitzo
4.1 Vitzo has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Vitzo itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Vitzo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Vitzo provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Vitzo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vitzo’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Vitzo when you stop using the Services.
4.4 You acknowledge and agree that if Vitzo disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Vitzo may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Vitzo at any time, at Vitzo’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Vitzo will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vitzo unless you have been specifically allowed to do so in a separate agreement with Vitzo. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Vitzo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Vitzo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Vitzo may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Vitzo immediately at [email protected]
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Vitzo’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Vitzo (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Vitzo or by the owners of that Content, in a separate agreement.
8.3 Vitzo reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content if you set its privacy setting as non-private.
8.4 You agree that you are solely responsible for (and that Vitzo has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Vitzo may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Vitzo (or Vitzo’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Vitzo and that you shall not disclose such information without Vitzo’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Vitzo, nothing in the Terms gives you a right to use any of Vitzo’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Vitzo, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Vitzo’s brand feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, Vitzo acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Vitzo, you agree that you are responsible for protecting and enforcing those rights and that Vitzo has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Vitzo, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Vitzo
10.1 Vitzo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Vitzo as part of the Services as provided to you by Vitzo (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vitzo, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Vitzo, in writing.
10.3 Unless Vitzo has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Vitzo a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Vitzo to display, distribute and promote the Services and may be revoked.
11.2 You agree that this license includes a right for Vitzo to make such Content available to other companies, organizations or individuals with whom Vitzo has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Vitzo, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Vitzo to take these actions.
11.4 You confirm and warrant to Vitzo that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Vitzo. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Vitzo to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Vitzo
13.1 The Terms will continue to apply until terminated by either you or Vitzo as set out below.
13.2 If you want to terminate your legal agreement with Vitzo, you may do so by (a) notifying Vitzo at any time and (b) closing your accounts for all of the Services which you use, where Vitzo has made this option available to you.
13.3 Vitzo may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Vitzo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Vitzo offered the Services to you has terminated its relationship with Vitzo or ceased to offer the Services to you; or
(D) Vitzo is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Vitzo is, in Vitzo’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Vitzo’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Vitzo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Vitzo’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, VITZO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vitzo OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 Vitzo FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. Limitation of Liability
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Vitzo, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH Vitzo MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Vitzo WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON Vitzo’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Vitzo HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trademark policies
16.1 It is Vitzo’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Vitzo on the Services are subject to change without specific notice to you.
17.3 In consideration for Vitzo granting you access to and use of the Services, you agree that Vitzo may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Vitzo may have no control over any web sites or resources which are provided by companies or persons other than Vitzo.
18.2 You acknowledge and agree that Vitzo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Vitzo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Vitzo may make changes to the Universal Terms from time to time. When these changes are made, Vitzo will make a new copy of the Universal Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms have changed, Vitzo will treat your use as acceptance of the updated Universal Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Vitzo and govern your use of the Services (but excluding any services which Vitzo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Vitzo in relation to the Services.
20.3 You agree that Vitzo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Vitzo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Vitzo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vitzo’s rights and that those rights or remedies will still be available to Vitzo.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Vitzo is the parent shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Vitzo under the Terms, shall be governed by the laws of Belize without regard to its conflict of laws provisions. You and Vitzo agree to submit to the exclusive jurisdiction of the courts located within Belize to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Vitzo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
ClipClip Installation Information
Thank you for downloading our software. We appreciate your trust and hope you will enjoy using our product. ClipClip is available as a free version. If you complete the installation process and run the software, you will have access to all features which are available in the free version.
This installer contains third-party software, but you can opt-out of any non-essential software. If at any time your wish to uninstall ClipClip or third-party software, please follow the instructions at: https://clipclip.com/how-to-uninstall
ClipClip End-User License Agreement
Please read this entire agreement carefully. This version of ClipClip and any other software, add-ons, upgrades or updates and related materials (collectively, the “product”), are licensed to you by Vitzo Ltd. (“Vitzo”) subject to the terms and conditions of this license agreement (the “agreement”). By installing or using the product or services, you agree to be bound by this agreement. If you do not agree to all of the terms of this agreement, please do not install or use the product or services and immediately delete any copy of it from all storage media.
Vitzo may revise the terms of this Agreement to reflect changes in our products, services, web sites and customer feedback.
Children under the age of 13 are not eligible to use the product or services, and we ask that minors not submit any personal information to us.
Subject to the terms and conditions of this Agreement, Vitzo hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Product, Services and Add-Ons (as defined below), on an AS-IS basis, for your personal, non-commercial use only. Any commercial use of the Product, Services and Add-Ons is strictly forbidden, under this Agreement. If you wish to engage in any kind of commercial use of the Products, Services or Add-Ons, you are required to obtain Vitzo’s express prior written consent to such use, as well as an appropriate commercial license to use the Product, Services or Add-Ons by contacting Vitzo via e-mail.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without the prior written permission of Vitzo; or (d) use any Paid Product or Paid Service (as such terms are defined below) in a manner violating, or exceeding the relevant “Paid Service Terms” or “Paid Product Terms” of Vitzo, as further detailed below; or (e) use the Product, Services and/or Add-Ons not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; or (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products, Services and/or Add-Ons, for commercial purposes, or in a commercial manner.
“Add-Ons” – refers to all software add-ons, such as skins, functional and/or content and/or services tabs, desktop shortcut icons (i.e.: ClipClip shortcut icon or other shortcut icon related to the ClipClip services) which may be made available from time to time by either Vitzo and/or any other third-party, to be used in connection with the Products and/or Services. Please note that the above mentioned content and services tabs may include content, materials and services provided and/or powered by third parties, for which Vitzo is not responsible and cannot be held liable for and which may be covered by separate legal, commercial and privacy practices. Please consult the applicable terms and conditions and privacy statements of such third party providers to learn more about their practices. Vitzo reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the available Add-Ons, or any part thereof, at any time, at its sole discretion and without notice to you.
Vitzo retains sole and exclusive ownership of all rights, title and interests in the Product and Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product and Services and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
COPYRIGHT INFRINGEMENT POLICY
Vitzo is committed to protecting the rights of intellectual property (including copyrights) holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Vitzo respects the intellectual property of others, and we ask our users to do the same.
Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Vitzo reserve the right to undertake appropriate steps against copyright repeat offenders.
The license to use the Product and Services granted hereunder, is conditioned upon your agreement not to use the Product and Services to infringe the intellectual property rights of others in any way.
Vitzo, at its sole discretion, may terminate this Agreement with users who are infringers of the copyrights, or other intellectual property rights, of others. In addition, It is Vitzo’s policy, in appropriate circumstances, at its discretion and in accordance with the required under the applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Without limiting any of the foregoing or hereunder, Vitzo will act expeditiously to process any notices of alleged intellectual property infringement.
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify Vitzo and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys’ fees) which may arise from your illegal, unauthorized or abusive use.
THIRD PARTY CONTENT
The Product and Services enable you to enhance delivery of content from Internet websites, and/or manage such content (such as: (i) through channel functionality, which may enable you to sign-up to various content channels, such as: TV, movies, music videos, as may be available from time to time, and (ii) the video search service which enable you to search for popular videos. All title, ownership and intellectual property rights in and to the content, material and videos downloaded, viewed or otherwise accessed through the Products and/or Services (“Content”), are and shall be retained by the applicable Content owner and may be protected by applicable laws, including copyright and other intellectual property laws. NO license and/or any other rights to such Content are granted under this Agreement.
Vitzo does not control the content of files and information that may be downloaded through the use of the Product and Services or otherwise played, viewed, managed and/or accessed through them. Vitzo does not endorse, the contents of any information or data, accessed through the use of the Product or Services, and does not warrant or guarantee that such information or data is free of errors or viruses. Vitzo shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files and information accessed through the use of the Product or Services, nor to the right to make such information available or accessible. The use of any files is at your sole responsibility and Vitzo explicitly disclaims any responsibility to the use or misuse of any file. THE INCLUSION OF ANY LINK OR LISTS OF DOWNLOADING LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY Vitzo.
ADDITIONAL TERMS AND CONDITIONS
Please Note that in order to access and/or use certain services provided through the Product you may be required to read and agree to or expressly indicate your acceptance to additional specific terms and conditions, as indicated in conjunction with such services.
In order to tenable it to provide you with these services Vitzo may, during the use of the Product, Services and/or Add-Ons, present to you, only within the application window, certain advertising, marketing offers, and other promotional information made available by Vitzo or third parties.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites Vitzo is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
Unless otherwise stated, Vitzo has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. Vitzo makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof. Advertisements are shown by using your Internet connection.
TERM AND TERMINATION
This Agreement shall commence upon your use of the Product or Services. Either party may terminate this Agreement at any time by giving written notice. Vitzo’s notice may be delivered to you either by email, by the posting of such termination notice on Vitzo’s website – www.vitzo.com, or other manners using the Product functionality. Your written notice should be delivered to Vitzo by email.
AMENDMENT OF PRODUCT OR SERVICES
The Product, functions, features and any Services, provided by Vitzo may change from time to time. Vitzo reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any service provided by Vitzo or any part thereof at its sole discretion and without notice to you, provided that where a Paid Service is terminated, you may be entitled for a refund for the unused portion of such Paid Service. Please note that: (i) newer versions of the Product, Services or Add-Ons may include features which were previously available only through the purchase of Paid Products and/or Paid Services, and; (ii) receipt of additional features, add-ons, modifications, improvements etc. to your current version of the Products and/or Services may be subject to payment of additional fees. The latest versions of the Product, Services or Add-Ons, are available at Vitzo’s website – www.vitzo.com. You hereby agree and acknowledge that Vitzo is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Product (excluding the Paid Product). Vitzo reserves the right to discontinue the release and support of any version of the Product/Paid Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
DISCLAIMER OF WARRANTY AND LIABILITY
Vitzo EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A) THE PRODUCT, SERVICES OR ANY INFORMATION DELIVERED OR SENT BY Vitzo OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES; AND (B) WITH RESPECT TO CONTENT PLAYED/ VIEWED/ TRANSMITTED /POSTED /SUBMITTED AND/OR MANAGED THROUGH OR IN CONNECTION WITH THE PRODUCT AND/OR SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT AND/OR SERVICES MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER WHICH ARE NOT INCLUDED IN VITZO’S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS LIST, POSTED ON VITZO’S WEBSITE – WWW.VITZO.COM) OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT OR SERVICES FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS.
VITZO DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT OR SERVICES OR ANY ADD-ON DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY
IN NO EVENT WILL VITZO BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT AND/OR SERVICES AND/OR ADD-ONS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF VITZO FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE SERVICE. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE VITZO’S LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THOSE PRODUCTS OR SERVICES AND IN ANY CASE SHALL BE NO MORE THAN $10.
Vitzo may, at its sole discretion, offer language packs to enable speakers of languages other than English to use their native languages in the Product. Vitzo does not and cannot guarantee that the language packs will be available in any languages other than those actually made available by Vitzo. To avoid any doubt, you explicitly agree that the English version (including the license agreement relating thereto) will prevail in any matter related to the Product.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of Belize without giving effect to any principles of conflicts of laws thereof, and the competent courts in Belize City shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Vitzo. Upon reasonable notice to you, Vitzo may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
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