II. ONLINE CONDUCT You, as a user, agree to use the Services only for proper and lawful purposes. Specific prohibited activities include, but are not limited to:
- posting content that is sexually explicit, pornographic or contains nudity
- posting a picture that does not represent who you are
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, and abusive, threatening, obscene, defamatory or libelous conduct;
- activity that is insulting or threatening, abusive, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
- using the Service to threaten, harass or stalk another user;
- attempting to impersonate another user or person;
- using the Services if you are under 18 years of age;
- using any information obtained from the Services in order to harass, abuse, or harm another person outside of the Service;
- attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).
- collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
- using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
- creating another account if we have already terminated your account, unless you have permissions to do so.
A. Not Advice
All content on the Platform, including any User Content (as defined below) is strictly for recreational and informational purposes only and is not intended to be deemed advice or an endorsement of any activity of any kind.
B. Proprietary Rights
With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, and the concept, software, graphics, text and look and feel of the Platform, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Velvet, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.
C. Third-Party Content & User Content
You acknowledge that we are an online service provider that may facilitate communications by third parties and users. We do not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of us or our affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than ourselves.
By uploading User Content on the Services, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us non-exclusive, perpetual, royalty-free, worldwide license to use User Content in any way (including without limitation editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, distributing, advertising and otherwise making available to the general public. We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
All users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content, including without limitation sensitive and personal content, in whole or in part without the owner’s permission.
D. In-App Purchases
We may make certain products and/or services available to users of the Services in consideration of a subscription fee (“Premium Services”), including the ability to purchase features, services and enhancements. If you choose to use Premium Services, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and such additional terms are incorporated herein by reference. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Apple, etc.) and you will be charged for the Premium Service in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Apple, etc.). Velvet Premium Services include monthly and annual subscriptions to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that Premium Services will automatically renew for the same subscription period as you initially purchased (e.g., if you made an In-App Product for an annual subscription, your subscription will be automatically renewed for an additional year). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of the applicable Third Party Store. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store before you make any Premium Service purchases.
We are not responsible and have no liability for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through Third Party Stores.
E. Location Based Features & Push Notifications
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services and/or the Velvet services, such as enhancements, offers, products, events, and other promotions. After downloading the Services, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Services, you may turn off your notifications under your settings menu on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at email@example.com.
IV. Digital Millennium Copyright Act Velvet has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to: firstname.lastname@example.org.
V. NON-COMMERCIAL USE The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.
VI. LINKS/EXTERNAL SITES The Services may contain links or embed access to websites operated by third parties (e.g., through advertisements), including those through which you may make purchases. We do not monitor or control the external sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PARTNER OR AFFILIATE MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF VELVET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY PARNTER OR AFFILIATE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL VELVET BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID VELVET IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
VIII. LEGALITY You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
X. BINDING ARBITRATION Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
XI. INDEMNITY You agree to indemnify and hold Velvet, our subsidiaries, partners and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (i) any communication, contact or relationship between you and another user; (ii) your use of the Services in violation of this Agreement, (iii) a breach of this Agreement including your representations and warranties set forth above and/or (iv) your acts or omissions in your use of the Services.
XII. SEVERABILITY The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XIII. OTHER This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
XIV. SUPPORT Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at email@example.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
XVI. AGE OF USERS The Services are available to users who are 18 years of age and older. By signing up for an account, you represent and warrant that you are 18 or older. If we learn that a user under the age of 18 has registered for an Account, that user’s Account will be terminated. If you are a parent or guardian of a minor age 18 or under and you believe your child has signed up for an Account, please e-mail us at firstname.lastname@example.org. The paid portion of the Services (requiring the purchase of a monthly or annual subscription to play previously locked content) is only available to users who are 18 years of age and older. By purchasing premium content (content that is locked without credit card purchase), you represent and warrant that you are 18 or older. If we learn that a user under the age of 18 has purchased premium content, that user’s Account will be terminated. If you are a parent or guardian of a minor age 18 or under and you believe your child has purchased premium content, please e-mail us at email@example.com. The paid portion of the Services (requiring the purchase of a monthly or annual subscription to play previously locked content) is only available to users and partners (whomever is chosen to play premium content with) who are 18 years of age and older. By accepting to play premium content (content that is locked without credit card purchase), you represent and warrant that you are 18 or older. If we learn that a user under the age of 18 has accepted to play purchased premium content, that user’s Account will be terminated. If you are a parent or guardian of a minor age 18 or under and you believe your child has accepted to play purchased premium content, please e-mail us at firstname.lastname@example.org.
XVII. VELVET’S PREMIUM SUBSCRIPTION Velvet’s Premium subscription is a non-refundable charge. Velvet’s Premium subscription has a monthly subscription of $2.99 USD/month or a yearly subscription of $23.40 USD/ year ($1.95 USD/ month). Prices are in U.S. dollars and may vary in countries other than the U.S. and are subject to change without notice. If you choose to purchase Velvet’s Premium subscription, payment will be charged to your iTunes account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within the 24 hour prior to the end of the current period. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a Velvet Premium subscription, where applicable. You can manage your subscription and switch off auto-renewal by accessing your iTunes & App Store Account Settings after purchase. If you don’t choose to purchase Velvet’s subscription, you can simply continue using Velvet for free.