Terms of Use - VAVEL Images
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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY VAVEL IMAGES WEBSITE OR MOBILE APPLICATION (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION, INCLUDING THE EMBEDDED VIEWER) (COLLECTIVELY, THE "SITE"), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SITE TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.

These Site Terms are not intended to alter the terms or conditions of any content licence agreement you may have with VAVEL Images, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content licence agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify VAVEL Images for violations of these Site Terms.

Privacy Policy
VAVEL Images is committed to protecting your privacy. Please refer to our Privacy policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents
The Site is owned by VAVEL Images. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof ("VAVEL Images Content"), is owned by VAVEL Images, its licensors or its third-party image partners. All elements of the Site, including the VAVEL Images Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site
The Site and the VAVEL Images Content are intended for customers of VAVEL Images. You may not use the Site or the VAVEL Images Content for any purpose not related to your business with VAVEL Images. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the VAVEL Images Content without, or in violation of, a written licence or agreement with VAVEL Images; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the VAVEL Images Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any VAVEL Images product or service if you are not expressly authorised by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the VAVEL Images Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing or in any way commercialising the Site or the VAVEL Images Content without specific written authorisation from VAVEL Images; and (h) using the Site or the VAVEL Images Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, VAVEL Images has adopted a policy of terminating, in appropriate circumstances and at VAVEL Images' sole discretion, account holders who infringe the intellectual property rights of VAVEL Images or any third party.

Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
VAVEL Images Legal Department
605 5th Ave South, Suite 400
Seattle, Washington 98104, USA
Phone: +1 206 925-5000
Fax: +1 206 925-5623

Trademarks
VAVEL Images Trademarks, the VAVEL Images logo, and any other product or service name or slogan contained in the Site are trademarks of VAVEL Images and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VAVEL Images or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "VAVEL Images" or any other name, trademark or product or service name of VAVEL Images without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of VAVEL Images and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a VAVEL Images logo or other proprietary graphic of VAVEL Images to link to the Site without the express written permission of VAVEL Images. Further, you may not frame any VAVEL Images trademark, logo or other proprietary information, including the VAVEL Images Content, without VAVEL Images' express written consent.

VAVEL Images makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of VAVEL Images and VAVEL Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. VAVEL Images provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by VAVEL Images of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that VAVEL Images shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Embedded Viewer
Where enabled, you may embed VAVEL Images Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all VAVEL Images Content will be available for embedded use, and availability may change without notice. VAVEL Images reserves the right in its sole discretion to remove VAVEL Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or VAVEL Images Content. You may only use embedded VAVEL Images Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded VAVEL Images Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

VAVEL Images (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded VAVEL Images Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetise its use without any compensation to you.

Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgement of VAVEL Images, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters or flooding continuous posting of repetitive text), or which may expose VAVEL Images or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. VAVEL Images takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is VAVEL Images liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, VAVEL Images is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although VAVEL Images has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, VAVEL Images reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that VAVEL Images may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of VAVEL Images; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Site, unless we indicate otherwise, you grant VAVEL Images and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant VAVEL Images and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify VAVEL Images immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to Company.

Financial Disclosures
Forward-Looking Statements. This Site, and any documents issued by VAVEL Images and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe", "expect", "plan", "may", "will", "should", "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent VAVEL Images Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other VAVEL Images filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. VAVEL Images undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made. Press Releases. The information contained within press releases issued by VAVEL Images should not be deemed accurate or current except as of the date the release was posted. VAVEL Images has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.

Third-Party Financial Information. VAVEL Images may provide links to third-party websites or services that contain financial or investment information about VAVEL Images. Access to such websites and the information contained therein is provided as service to those interested in the information. VAVEL Images neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, VAVEL Images does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. VAVEL Images makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.

Indemnification
You agree to defend, indemnify and hold harmless VAVEL Images, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the VAVEL Images Content, or your violation of any rights of another.

Disclaimer
THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE VAVEL IMAGES CONTENT, ARE PROVIDED "AS IS" AND VAVEL IMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. VAVEL IMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE VAVEL IMAGES CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT VAVEL IMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE VAVEL IMAGES CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE VAVEL IMAGES CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. VAVEL Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the VAVEL Images Content, but we make no representations or warranties as to the VAVEL Images Content's accuracy, correctness or reliability.

VAVEL Images offers a search feature within the Site. VAVEL Images explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. VAVEL Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL VAVEL IMAGES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE VAVEL IMAGES CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VAVEL IMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO VAVEL IMAGES' RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VAVEL IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VAVEL IMAGES FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the VAVEL Images Content shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate VAVEL Images' intellectual property rights, VAVEL Images may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination
Notwithstanding any of these Site Terms, VAVEL Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by VAVEL Images. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms
VAVEL Images reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

NBA Imagery
YOU ALSO ACKNOWLEDGE AND AGREE THAT FOR THE LICENCE OR PURCHASE OF NBA IMAGES, NBA ENTERTAINMENT, A DIVISION OF NBA PROPERTIES, INC. IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. The National Basketball Association ("NBA") name and logo and the names and logos of the NBA teams are the property of NBA Properties, Inc. ("NBAP") and the member teams of the NBA. The Women's National Basketball Association ("WNBA") name and logo and the names and logos of the WNBA teams are the property of WNBA Enterprises, LLC. The National Basketball Development League ("NBDL") name and logo and the names and logos of the NBDL teams are the property of NBDL Enterprises, LLC.

Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to VAVEL Images at [email protected] or by calling 0800 515409.

Terms of Service

Last modified on October 31, 2013.

These Terms of Use apply to your use of the VAVEL community and the related mobile device software applications (the “Mobile Software”).

Accepting these Terms of Use

Our offer of the Service, including all information, tools and services available from the Service to you is conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your use of the Service or any part thereof constitutes your agreement and is subject to these Terms of Use and all applicable laws, rules and regulations. If you do not agree to these Terms of Use you may not and should not use the Service or any part thereof.

Changes and Amendments to Terms of Use

We reserve the right to amend, add or delete portions of these Terms of Use at any time and at our sole discretion. While we may and may not post notices on the Service informing of changes in these terms of use, you are solely responsible for reviewing these Terms of Use periodically to ensure you are aware of any changes. The last revision of these Terms of Use shall be reflected in the "Last modified by" heading above. Your continuing use of the Service following any change or amendment to these Terms of Use constitutes your acceptance of such change or update. If you do not agree or wish to be bound by these Terms of Use as currently drafted and as may be amended from time to time, you should not use the Service or cease your use of the Service immediately.

Privacy Policy

We understand you want to keep your information private, and that you value our emphasis on keeping your information safe and discrete. As a result we have drafted a privacy policy (the "Privacy Policy") which details the ways in which we collect, use and disclose personal information from users of the Service. The Privacy Policy is incorporated into, subject to and a part of the Service's Terms of Use. Your use of the Service signifies your acknowledgement of, and agreement to, the Service’s Privacy Policy. If you do not agree to the Privacy Policy, you may not and should not use the Service. The definitions in the Service's Terms of Use apply to this Policy unless stated otherwise.

Limitation on Use

You may not register or use the Service if you are under 14 years of age and/or if you are legally unable to enter into a legally binding agreement without the consent of your parents or legal guardian. The following uses of the Service or any part thereof are prohibited: Commercial use, unless specifically and explicitly allowed by us in a prior written consent; Damaging or infringing the rights of third parties in any way, including infringing on any third party's intellectual property; Illegal use, including without limitation fraud, pornography trafficking, drug dealing, sports betting and gambling; Distributing SPAM; Using users contact information for marketing purposes; Bullying, intimidating, stalking or harassing any person; Duplicating, copying, reproducing, modifying, transmitting, performing, broadcasting, rebroadcasting, publishing, selling, creating derivatives of, translating, distributing or redistributing the Service, the Service IP, third parties User Content or any part thereof or their products, unless specifically and explicitly allowed by us in a prior written consent; Altering, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to discover or to learn information regarding the Service's (including its content's) source code and structure; Any automatic use which is intended or designed to gather information about or from the Service, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers; Uploading of any sort of malware, spyware or other malicious code; Circumventing or bypassing any measure designed to limit access to the Service or any part thereof; Damaging, disabling, impairing or flooding the Service; Competing with the Service.

Securing your password

You are responsible for protecting the confidentiality of the password associated with your use of the Service and your Facebook account and for restricting access to your computer while logged into the Service. You agree that you will be responsible for any and all statements, acts or omissions made during any use of the Service through your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately to [email protected] We may assume that any communications we receive under your name, account or user have been made by you unless we receive notice otherwise. An VAVEL employee will never ask you for your password, neither personally nor by email.

Termination, Changes to the Service and Removal of Content

You understand, acknowledge and agree that we may terminate your access to the Service at our sole discretion, at any time, with or without reason or notice to you and without any liability on our part for such termination. Regardless of the aforementioned, we reserve the right to terminate your access to the Service if we reasonably determine that you have infringed these Terms of Use. We reserve the right to remove or make any changes to the Service, its features, contents, materials, accessibility or any part thereof we see fit at or sole discretion and without liability on our part for such removal or change. We have no obligation to store, distribute, update, correct or use any information uploaded to the Service.

Content Creator Terms of Use

The Service allows you to upload content to the Service directly in various forms, including without limitation statuses, links, images, comments, articles and conversations (collectively referred to herein as User Content). You affirm, represent and warrant that you own all required rights, titles and interests in your User Content to upload it to the Service and that your User Content is accurate where it might be reasonably relied upon. You shall be held liable to any damages or losses incurred by us as a result of Copyright Infringement through your User Content, including payment of damages and statutory damages resulting from contributory or direct (meaning, even in the event that the content was edited and re-published by us) infringement. We reserve the right to remove any and all of your User Content if we reasonably determine that it is infringing upon any third party's intellectual property rights. We reserve the right to edit your content in any way we see fit. We reserve the right to terminate your access to the Service, if we reasonably determine that you are a Repeat Infringer (as defined below). You acknowledge that you expect and shall receive no compensation, payment or interests as a result of uploading your User Content, other than agreed between us explicitly and in writing beforehand. You agree to allow any and all other users of the Service to access your User Content and to "follow" your profile freely and without compensation to you of any sort on their behalf. You hereby grant us a world-wide, non-revocable, royalty-free, sub-licensable and transferable license to use your User Content, including without limitation copyrighted works, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, in any way we see fit at our sole discretion, including without limitation reproduction, distribution, making of derivatives, modification, adaptation, publication, translation and display. For the avoidance of doubt, we may include your User Content in our outgoing feed to third parties (e.g. RSS feed), which may publish said feed (including your User Content) outside of the Service. In addition to abiding by these Terms of Use, your User Content must also abide by Facebook's terms of use. You may not upload User Content which: May encourage acts of violence; Infringes third parties' intellectual property; Contains or constitutes SPAM or chain mail; Infringes third parties' right to privacy or publicity rights; Contains confidential or proprietary information; Is defamatory, fraudulent, libelous, abusive, obscene, unlawful, threatening, hateful, harassing, racial, sexist or otherwise inappropriate by reasonable standards; Advertise or solicit third parties' business or contains commercial content of any sort; Impersonate another person without proper notice; Contain any form of malware; Interfere with the service in any way. We do not guarantee and we have no obligation to post, transmit, distribute, upload, publish or display any User Content and may refuse to do so at our sole discretion.

Notice and Takedown

We take copyright infringement very seriously, and we are committed to comply with the applicable copyright and intellectual property legislation. As a result, and in accordance with the Digital Millennium Copyright Act, we have a Notice & Takedown mechanism, designed to enable intellectual property owners to report an infringing use of the Service, while preserving our users' freedom to share. Upon receiving of a Takedown Notice (as defined below), we shall make our best reasonable efforts to remove the infringing content from the Service immediately, and, in the event that the infringing content was uploaded by a user and that user is a Repeat Infringer (as defined below), to terminate said user's access to the Service. In order to allow us to fully comply with the law, an adequate takedown notice ("Takedown Notice") shall comply with the following: The Takedown Notice shall be sent via email as a single PDF format document to [email protected]; The Takedown notice shall clearly include the following details: The identity (including register/identification number) of the notifying party; The date; The address, website URL and jurisdiction of the notifying party; The Takedown Notice shall clearly detail the copyright violation using screen shots, searches and so forth. The Takedown Notice shall identify the copyright violator User Name; and Clearly state that the person signing the Takedown Notice under penalty of perjury has given accurate information; that he/she is the owner or acting on behalf of the owner of the copyright; and that the aforementioned use of the copyrighted work constitutes an infringement to the best knowledge. If you receive notification from us stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case the content shall be re-uploaded and your contact details (which must be contained in the contention) be given to the Notice's sender. A "Repeat Infringer" shall be defined as: A user which three Takedown Notices were received regarding content uploaded by him within a period of one year; or A user which a total of ten (10) Takedown Notices were received regarding content uploaded by him.

Cross Platform Publication

When you upload User Content you agree and acknowledge that we may display the content in any part of the Service we see fit, regardless of the part of the Service to which you uploaded your User Content ("Cross Platform Publication"). For example, we may choose to publish user content which you posted on the Website on the Facebook Application. You agree and acknowledge that you are not entitled to any notification of or compensation due to Cross Platform Publication of your User Content at any time. In addition we may choose to post information regarding your use of the Service on your Facebook profile wall, including your User Content, statuses, comments, vBets and content you have read. We will attempt to prompt for your approval to post information on your Facebook profile wall.

Intellectual Property Rights

Unless stated otherwise herein, we and our affiliates, subsidiaries, licensors and subcontractors reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property in the Service and the Service's content, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, inventions, utility models, designs, patents, software and other intellectual property, all registered or not, contained in the Service. You do not acquire any right, title, interest or claim in any part of the Service or the Service's content as a result of your use of the Service or any part thereof. Any transfer of rights shall be deemed null and void without our explicit prior written consent.

Third Party Sites

During your use of the Service you will encounter pages which contain content stored on third party sites, embedded or framed into the Service (for example, news snippets and YouTube videos), as well as links to third party websites. We are not responsible for third party sites or content. These Terms of Use applies only to your use of the Service alone. We have no control over nor do we take any responsibility for third party websites' content, policies and practices, including without limitation third party websites to which hyperlinks are contained in the Service. By using the Service you hereby agree that we shall not be responsible for any damage, claim or liability in connection with your use of any third party sites, including without limitation third party sites to which you have arrived via the Service.

Disconnecting from the Service

If you wish to disconnect from the Service, please email [email protected]

Disclaimers

You hereby agree that the Service is given automatically by our systems and with no explicit knowledge of yours or anyone else's use of the Service. The Service is provided 'AS-IS' and 'AS-AVAILABLE', and your use of the Service is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations of any kind, whether express or implied, including without limitation warranties given in the course of dealing with us and are not stated herein and warranties regarding fitness for any particular purpose and promises of specific results, all to the fullest extent of the law. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding the Service, its content or any part thereof being available, uninterrupted, correct, error-free, accurate, complete, reliable, current, malware-free, continual and secure. Any reliance you make on the Service, its content or any part thereof is at your own risk. We explicitly and expressly disclaim and you waive all warranties, guarantees and representations regarding other users' User Content including without limitation its accuracy, usefulness and safety. User Content does not represent us in any way and you access and use it at your own risk.

Limitation on Warranties

We do not warrant, endorse, guarantee or responsible for any third party, including advertisers, other users and service providers, to the fullest extent of the law, including without limitation for conduct or actions which are defamatory, offensive, illegal or infringing these terms of use in any way. Downloading materials from the Service shall be done at your own risk, and we shall not be responsible for any damage to your computer or loss of data as a result. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED TO YOU AT NO CHARGE, AND AS SUCH AND REGARDLESS, WE, OUR AFFILIATES, SUPPLIERS, EMPLOYEES, OFFICERS, REPRESENTATIVES AND THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSS OR INJURIES SUFFERED BY YOU OR BY ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, ACTIONS, OMMISIONS, ERRORS, FAILURE TO PERFORM, INTERUPTION, DELETION, DEFECTS, DELAYS, MALWARE, FILE CORRUPTION, COMMUNICATION FAILURE, UNAUTHORIZED ACCESS, LOSS OF DATA, DENIAL OF SERVICE, CHANGES TO THE SERVICE, WHETHER BASED ON CONTRACT (INCLUDING THESE TERMS), TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE BEFOREHAND OR AFTERWARDS. Your sole and exclusive remedy for any of the above claims or any dispute with us is to discontinue your use of the Service, or, if such limitation of liability is deemed null or invalid by an appropriate jurisdiction, our liability to damages or losses caused to you or to any third party due to any of the aforementioned claims in connection with the Service, its content or any part thereof is limited to one hundred (100) USD. Notwithstanding the aforementioned any cause of action arising in relation to the Service must be commenced and brought before an authorized jurisdiction within one (1) year of its accrual or it is permanently barred.

Indemnification

You agree to indemnify, defend and hold harmless us, our officers, employees, directors, contractors, agent and service providers from against any losses, liabilities, expenses and damages, including reasonable attorney's fees resulting from your use of the service and any violation of these Terms of Use.

Jurisdiction

By using the Service you agree to apply and to govern the Spain law and no other law over your relationship and disputes with us, and to give the Spanish district court of Madrid sole jurisdiction over any disputes between you and us.

Abuse Report

If you believe that anyone is abusing the Service or using the Service in contradictions or violation with the terms stated herein, you may report this via e-mail to: [email protected]

General

We may assign our rights according to this Agreement to any third party at our sole discretion. You may not assign your rights according to this Agreement, without our prior written consent. If any part of these Terms of Use is deemed invalid for any reason, such invalidity will not affect the validity of the rest of these Terms. Any cause of action relating to the Service you might have is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure to assert any right in regard to these Terms of Use on our behalf shall not constitute concession, yield or relinquishment of any sort. You consent to receive electronic communications from us, including promotional material, and agree that email communication to the email address associated with your Facebook account, notices posted on the Service or messages displayed when you enter the Service satisfy any legal requirement that such communication be in writing. If you have any question or comments regarding these Terms of Use or the Service, please contact us at: [email protected]