TERMS OF SERVICE
1. Your Acceptance
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version VEZBI may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of VEZBI, including but not limited to all products, software and services offered via the VEZBI website, such as the VEZBI channels and other applications.
The Service may contain links to third party websites that are not owned or controlled by VEZBI. VEZBI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VEZBI will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve VEZBI from any and all liability arising from your use of any third-party website.
3. VEZBI Accounts
In order to access some features of the Service, you will have to create a VEZBI account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify VEZBI immediately of any breach of security or unauthorized use of your account.
Although VEZBI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VEZBI or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
VEZBI hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
a) You agree not to distribute in any medium any part of the Service or the Content without VEZBI's prior written authorization, unless VEZBI makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
b) You agree not to alter or modify any part of the Service.
c) You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means VEZBI may designate.
d) You agree not to use the Service for any of the following commercial uses unless you obtain VEZBI's prior written approval:
- 1) the sale of access to the Services;
- 2) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- 3) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from VEZBI appears on the same page and is of sufficient value to be the basis for such sales.
- 4) Prohibited commercial uses do not include:
- a) uploading an original video to VEZBI, or maintaining an original channel on VEZBI, to promote your business or artistic enterprise;
- b) showing VEZBI videos through an Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4; or
- c) any use that VEZBI expressly authorizes in writing.
If you use an Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the VEZBI website.
e) If you use our APP, you agree that it may automatically download and install updates from time to time from VEZBI. These updates are designed to improve, enhance and further develop the Uploader 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 VEZBI to deliver these to you) as part of your use of the APP
f) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the VEZBI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VEZBI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. VEZBI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
g) You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and VEZBI as a result of these Terms or your use of the Service.
h) In your use of the Service, you will comply with all applicable laws.
i)VEZBI reserves the right to discontinue or modify any aspect of the Service at any time.
5) Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
a) The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to VEZBI, subject to copyright and other intellectual property rights under the law.
b) Content is provided to you AS-IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by VEZBI on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of VEZBI or the respective licensors of the Content. VEZBI and its licensors reserve all rights not expressly granted in and to the Service and the Content.
c) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
d) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that VEZBI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VEZBI with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless VEZBI, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6) Your Content and Conduct
a) As a VEZBI account holder you may submit Content to the Service, including videos and user comments. You understand that VEZBI does not guarantee any confidentiality with respect to any Content you submit.
b) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to VEZBI all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
c) You retain all of your ownership rights in your Content. However, by submitting Content to VEZBI, you hereby grant VEZBI a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and VEZBI's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that VEZBI may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
d) You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant VEZBI all of the license rights granted herein.
e) You further agree that you will not submit to the Service any Content or other material that is contrary to the VEZBI Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
f) VEZBI does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and VEZBI expressly disclaims any and all liability in connection with Content. VEZBI does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and VEZBI will remove all Content if properly notified that such Content infringes on another's intellectual property rights. VEZBI reserves the right to remove Content without prior notice.
7) Account Termination Policy
VEZBI will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
VEZBI reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. VEZBI may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service
8) Tier System and Revenue Share
We do not guarantee that the monetization/revenue share program and token redemption program will be available at all times or at any given time. We may immediately suspend or terminate the offering within the Service for any or no reason, in our sole discretion, and without advance notice or liability. We reserve the right to change the revenue share percentages at any time. Revenue share is calculated after deducting our costs and expenses (including without limitation third party platform fees charged by Apple, Inc. or Google Inc. or others) as well as any taxes.
The Dashboard is a directory of services and products. Unless otherwise indicated, the products and services listed and linked through the Dashboard are provided by third party companies and does not imply an affiliation with Vezbi. We are not responsible for any products or services provided by the products and services listed in the Dashboard.
If you would like your Company to be added, modified, or removed from the Dashboard simply email us at email@example.com.
We do not guarantee the performance of our scheduler as it is provided and maintained by 3rd party.
Tokens must be purchased lawfully and for legitimate purposes. Tokens are non-refundable, and if you don’t use your tokens, the amount you paid in connection with your tokens will not be returned to you. Except as required by applicable law, you will forfeit any unused tokens inventory upon termination of your member account for any reason. In addition, except as required by applicable law, if you have received tokens from other users that have “gifted” you tokens, and your account is terminated for any reason prior to your receipt of the applicable revenue share, you will forfeit the amount of the applicable revenue share.
Tokens Are Not a Monetary Instrument.
Tokens are to be purchased and consumed on the Service, and do not serve as a currency. Tokens have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. The amount of tokens stored in your member account does not reflect any stored value.
11) The Stream Coins Program
We reserve the right to cancel and modify the Stream Coins (“Stream”) program at any time.
Users may redeem up to a total of $2,500 per any given month (“redemption cap”). We reserve the right to adjust the prize redemption cap at any time. The Streams program shall be void where prohibited.
12) Payment methods and Terms
We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through the Service, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars or such other currency as we may select in our sole discretion. PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through applicable financial institutions and complying with applicable laws and regulations. They may also communicate directly with you regarding any issues with a payment.
You understand that we may decide to impose certain fees (including uploading and maintaining content) to our platform.
Multi-Channel Networks and Premium Channel Networks
If you have a certified Multi-Channel Network (“MCN”) or Premium Channel Network (“PCN”) license with VEZBI, we reserve the right to impose an annual fee and/or supplemental fees. We do not allow third party MCNs or PCNs to operate within our platform without our permission. We may terminate an account (and subsequent accounts associated with the MCN) if an MCN is operating on our platform without our authorization. VEZBI may terminate a license should a MCN become inactive for 2 consecutive months after being licensed. A MCN shall be deemed inactive should its channel partners (as an aggregate) not post a minimum of 10 videos per month. MCN and PCN license fees are non-refundable.
You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any Tokens, and for determining the applicability of any taxes that you must pay in connection with your receipt of any applicable revenue share. As the purchaser of tokens, taxes or other fees on the transaction will be calculated based on your jurisdiction of residence. If you do not pay applicable sales or other taxes or fees on a transaction, you will be responsible for these taxes or fees in the event that they are later determined to be payable on the applicable sale, and we reserve the right to collect such taxes or other fees from you at any time.
14) Shop Now and Marketplace
By using our app, you understand thatwe are not affiliatednor do we endorse any products or services marketed on our platform unless otherwise stated. We are not responsible for items or services marketed within the stores of the Marketplace or linked to Shop Now. YOU AGREE TO REPORT ANY UNLAWFUL USE OF THE MARKETPLACE TO VEZBI.
If you link a URL to Shop Now or the Marketplace within your profile, you represent that you are the proprietor of the business or have full permission to link and market the URL. You also agree to indemnify VEZBI of any liability and all liability and/or losses in regards to services and products purchased or sold by you or a Vezbi user through our platform.
You also acknowledge that we require our Sellers to conduct their transactions through a reputable marketplace platform and/or e-commerce site when selling any services or products.
You agree to list/disclose all professional licenses (if required by law) within your listing and/or profile. For example, if you are a licensed Real Estate Agent, and are listing your client’sproperty on our platform, you will most likely be required to disclose your broker’s licensing number when performing duties requiring your license.
You agree to comply with all applicable laws and understand that items prohibited to be marketed on our Marketplace include:
a) Weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc.
b) Ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives.
c) Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking.
d) Exploitation or endangerment of minors; child pornography.
e) Hazardous materials; body parts/fluids; unsanitized bedding/clothing.
f) Prescription drugs, medical devices; controlled substances and related items.
g) Alcohol or tobacco; unpackaged or adulterated food or cosmetics.
h) Pet sales (re-homing with small adoption fee ok), animal parts, stud service.
i) Endangered, imperiled and/or protected species and any parts thereof, e.g. ivory.
j) Food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance.
k) Stolen property, property with serial number removed/altered, burglary tools, etc.
l) ID cards, licenses, police insignia, government documents, birth certificates, etc.
m) US military items not demilitarized in accord with Defense Department policy.
n) Pcounterfeit, replica, or pirated items; tickets or gift cards that restrict transfer.
o) Lottery or raffle tickets, sweepstakes entries, slot machines, gambling items.
p) Any good, service, or content that violates the law or legal rights of others.
Your website link must be formatted for mobile. Vezbi reserves to restrict your Shop Now and/or Marketplace URL link for any reason.
Vezbi is a participant of various affiliate advertising programs designed to provide a means for sites to earn advertising fees by advertising and linking. These links may also be found under our Marketplace tab.
You understand that Shop Now and the Marketplace is a marketing feature for 3rd party e-commerce sites and multi-vendor platforms. Unless otherwise stated, Vezbi is not the vendor.
15) Affiliate Advertising Programs
Vezbi is a participant of various affiliate advertising programs designed to provide a means for sites to earn advertising fees by advertising and linking. These links may also be found under our Marketplace tab, within our Dashboard, and as a click-thru thumbnail labeled as “Ad” throughout the App.
Shop Now and the Marketplace is a marketing feature for 3rd party e-commerce sites and multi-vendor platforms. Unless otherwise stated, Vezbi is not the vendor.
Vezbi currently earns advertising fees with the following links on our Dashboard: Amazon, eBay, Walmart, and Whole Foods.
Vezbi also earns advertising fees with games on our Dashboard.
16) URL Linking via Micro-Vlog
Your use of our linking feature must comply with applicable law. You must not link to a URL in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. sanctions law or that would otherwise violate applicable U.S. or non-U.S. trade sanctions laws.
You are solely responsible for the contents of your Product Listings (including description, price, fees, tax that you calculate, any required legal disclosures, and any offers or promotional content).
PROHIBITED PROMOTIONS/SELLING INCLUDE: Adult Products, Alcohol, Animals, Body Parts and Body Fluids, Unauthorized Digital Media and Electronic Devices, Discrimination, Currency, Financial Instruments, Gambling, Hazardous Goods and Materials, Human Exploitation and Sexual Services, Ingestible Supplements, Job Opportunities, Prescription Products, Drugs, and Drug Paraphernalia, Products with Overtly Sexualized Positioning, Third-Party Infringement, Tobacco Products and Related Paraphernalia, Weapons, Ammunition, and Explosives, Restricted Content, Events or Admission Tickets,and Gift Cards/Vouchers
17) SnipBits Contest Rules
SnipBits Challenges (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Vezbi, Inc (“Sponsor”) and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
Unless stated otherwise, each Contest is limited to one (1) entry per person, per username, for the duration of the Contest Period, regardless of method of entry. Entries received from any person or usernamein excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
Within 3 days of the expiration of the contest, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via our messaging feature within the app or email on. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
The potential winners will be notified by email or our in-app messaging. Each Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled within 14 days after the conclusion of the Contest.
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, or in any Contest-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.
18) Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be 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 the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You may direct copyright infringement notifications to: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to VEZBI customer service through support@VEZBI.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, VEZBI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at VEZBI's sole discretion.
19) Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VEZBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VEZBI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. VEZBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VEZBI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20) Limitation of Liability
IN NO EVENT SHALL VEZBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VEZBI SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by VEZBI from its facilities in the United States of America. VEZBI makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VEZBI, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
22) Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as our Services are not intended for children under 13. If you are under 13 years of age, please refrain from using VEZBI.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VEZBI without restriction.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VEZBI, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VEZBI that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together and any other legal notices published by VEZBI on the Service, shall constitute the entire agreement between you and VEZBI concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and VEZBI's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. VEZBI reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VEZBI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.