TERMS & CONDITIONS OF USE, PRIVACY, AND SECURITY POLICY
VOOKUM MEDIA LLC
TERMS & CONDITIONS OF USE, PRIVACY, AND SECURITY POLICY
Effective Date: January 18, 2023
Thank you for visiting Vookum and we hope you enjoy the experience. Please read the following Terms carefully before using Vookum Media LLC’s (“Vookum”, “our,” or “we”) website or chat room hosted via the cloud-based free and subscription-based mobile and desktop messaging platform Telegram Messenger Inc. (“Telegram”) (the “Chat Room”) including but not limited to the www.vookum.com website, as well as any online features, services, chat rooms, forums, or any other services offered by Vookum (collectively, the “Services”). By accessing or using the Services, you agree to the following Terms and Conditions of Use, Privacy, and Security (the “Terms”). Please review these Terms regularly as they may change at any time at the sole discretion of Vookum. If you do not agree to any provision of these Terms, you should not access or otherwise use the Services. Please note that “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the website, chat room, forum, or any other service offered by Vookum.
Vookum will make an effort to update this policy with any changes to these Terms or to the services described in these Terms and you are encouraged to review these Terms frequently. Please note that the date of the most recent revision to these Terms appear at the heading of these Terms.
Terms related to Online Account Access to your accounts that you have with Vookum (each an “Account”) is set forth in these Terms.
- CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By providing access to the Website, Chat Room, or any other Services, Vookum does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Vookum has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website, Chat Room, or any other Services are accurate or complete. Your use of the Website, Chat Room, or any other Services offered by Vookum are subject to federal law, the law of the state where Vookum maintains your Account, or, if Vookum transfers your Account to another location, where Vookum currently maintains your Account (the “Applicable Law”).
By using the Website, Chat Room, or any other Services, you affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to comply with these Terms. In any case, you affirm that you are over the age of 13, as the website is not intended for children under 13.
- SERVICES USE AND CONTENT. As a user, you may view, copy or print pages from the Website, Chat Room, or any other Services solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website, Chat Room, or any other Services without the express, prior, written consent of Vookum. At any time, Vookum may, without further notice, make changes to the Website, Chat Room, or any other Services and to these Terms and/or to the services described in these Terms.
- USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
- DEFINITIONS. The following definitions govern the terms of these Terms and as used elsewhere in these Terms:
- Business Day means every day except Saturdays and Sundays and federal holidays.
- Payment Account means your personal or business checking, savings, or money market account from which Vookum bill payments, including subscription fee payments, for your Accounts may be made by you. Vookum recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account.
- Payee means Vookum or its subsidiary to which you direct a payment or, if in connection with Chat Room, payments to Telegram.
- Payment Instructions means the information provided by you for a bill payment to be made to Payee, including, for example, banking account number, ABA number, payment date, payment amount, and any additional information.
- Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Please note that your Payment Due Date may be no later than the “Due Date” set by Vookum for your most current bill.
- Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
- ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, Chat Room, or any other Services, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.vookum.com (if applicable and enabled) and the login for the Chat Room is processed via Telegram’s terms & conditions of use, which you are encouraged to review and accept prior to joining the Chat Room. Telegram’s terms and conditions of use is available for your review at www.telegram.org.tos. You understand that Vookum in not responsible for any aspect of the Chat Room and all technical and other aspects of the Chat Room are governed by Telegram’s terms and conditions of use. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address). You will be asked Account-specific information to authenticate yourself. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or User ID without permission. When your Online Service is linked to one or more Accounts, Vookum may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify Vookum if an Authorized User should no longer be given access to an Account through the Online Service.
- USER ACCOUNT AND PASSWORD. Vookum uses reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection if any when a User Account option is offered on the Website. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they are transmitted to the Website, chat room, or any other Service. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Vookum of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by emailing us at firstname.lastname@example.org. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
- THE TELEGRAM CHAT ROOM.
- Participation. You understand and acknowledge that your participation in the Vookum Verified Telegram Chat Room is at your sole discretion and risk and that neither Vookum nor any Vookum affiliate is responsible for any aspect of your interaction with and participation in the Chat Room. Vookum is not responsible for any user conduct and you understand that the Chat Room is for entertainment and informational purposes only. The Chat Room is not intended to be, and is not, an investment advisory tool, a platform for the sale of goods or watches, or an authentication or valuation platform. Please note that Telegram is only available to those 13 years or older and, citizens of the European Union and the United Kingdom must be at least 16 years of age to participate or sign up for the Chat Room. Your use of, and participation in, the Chat Room is governed solely by Telegram’s terms and conditions and Telegrams privacy policies, which you are encouraged to review prior to using the Chat Room.
- No Representations or Warranties. You are solely responsible for all aspects of your participation in the Chat Room and Vookum does not make any warranties, representations, or guarantees related to your participation in the Chat Room, irrespective of whether you are accessing the Chat Room as a free user or as a subscribing member. Any interaction, comments, text messages, or any other messaging from any Vookum personnel is for entertainment purposes only and does not constitute, in any manner, and endorsement, appraisal, valuation, authentication, purchase advice, purchase instruction, or offer to buy or sell goods of any kind.
- Chat Room Payments. You understand and acknowledge that the payments you submit as part of the subscription Chat Room experience is collected and processed by Telegram pursuant to Telegram’s terms and conditions of use. You are bound by such terms should you decide to participation in, or subscribe to, the Chat Room and you understand that Telegram may utilize third-party payment processors to securely facilitate subscription and other fees collected by Telegram, including subscriptions to the Chat Room.
- No Liability for Third Party Transactions. You understand and acknowledge that neither Vookum nor any Vookum affiliate shall be liable in any manner in connection with any business transactions, sales, purchases, watch purchases, watch accessory purchases, exchanges of items, trading of any goods, or any other transaction of any kind between Chat Room users and subscribers. Any transaction you may enter either withing the Chat Room or outside of the Chat Room is conducted solely at your own risk. Vookum does not make and/or offer any guarantee, warranty, advice, or advocacy with any third party transaction you may enter into and you are solely responsible for your conduct in the Chat Room and any transactions contemplated or completed therein, as well as due diligence regarding the same.
- RELIANCE BY VOOKUM. By visiting the Website or utilizing any Vookum Service that may require a login, you authorize Vookum to rely on your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service (if applicable) or the Chat Room. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Vookum may comply with the Payment Instructions entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms. Payments relate to the Chat Room are governed by the terms and conditions of use of Telegram only.
- SECURITY. Vookum is committed to reasonably protecting the security and confidentiality of information about you and your Account and User Account as it pertains to the Website (if applicable). Telegram is responsible for all security aspects of your participation in the Chat Room. Vookum uses, and may in the future use, several different security methods to protect your Account and User Account information, including (a) you can only access the Online Service with certain browsers that have high security standards, (b) if the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity, (c) the Online Service will automatically log off if prolonged periods of inactivity occur, and (d) our session will terminate if you navigate away from the Online Service to another website.
- ELECTRONIC COMMUNICATION.
- Email and Online Message Center. In the event Vookum offers a sign-up or other account related service on its Website, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Vookum maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Vookum for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Accounts with Vookum. Vookum will never send you email requesting confidential information such as Account numbers, usernames, or passwords and you should never respond to any email requesting such information. If you receive such an email purportedly from Vookum, do not respond to the email and notify Vookum by forwarding the email to email@example.com. Electronic communication and messaging for the Chat Room is governed solely by the terms and conditions of Telegram, the Chat Room service provider.
- Usage of Electronic Communication. By your enrollment in the Online Service, should any be offered by Vookum on its Website, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Vookum may respond to any communication you send to Vookum with an electronic communication, regardless of whether your original communication with Vookum was an electronic communication. Any electronic communication Vookum sends to you will be considered received within one (1) calendar days of the date such communication is sent by computer servers utilized by Vookum to the email address you designate in your account profile or posted to Vookum’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Vookum will not be effective until Vookum has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Vookum immediately and, in no event, should your sole method of communication with Vookum regarding any emergency be by electronic communication. Vookum strongly suggests that you report all matters requiring immediate attention to Vookum by emailing Vookum with the heading of “Urgent” or “Immediate.” Vookum may require you to provide written confirmation of any verbal or electronic notice of alleged error by Vookum. Electronic communication and messaging for the Chat Room is governed solely by the terms and conditions of Telegram, the Chat Room service provider.
- where disclosure is necessary for completing payments or to resolve a problem related to a payment;
- to verify the condition and existence of your Account for a third party, such as a credit bureau or other merchant;
- to persons authorized by law in the course of their official duties;
- to a consumer reporting agency as defined by Applicable Law;
- to comply with a government agency or court order, such as a lawful subpoena or lawful order;
- to Vookum employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- to investigate, prevent, or otherwise address potential fraud or other illicit activities;
- if you give Vookum written permission (including by email).
- Please note that disclosure of account related information related to the Chat Room is governed solely by the terms and conditions of Telegram, the Chat Room service provider.
- INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. In the event Vookum offers paid services on its Website, you must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds or your payment is rejected, the Bill Payment will not be completed. In the event a Bill Payment fails because of insufficient funds, an amount equal to Vookum’s Returned Payment Fee, if any, will be applied to your Account.
- VOOKUM’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If Vookum debits your Payment Account incorrectly, Vookum will be responsible for returning the improperly debited funds to your Payment Account. If Vookum does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, Vookum will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to these Terms. However, Vookum will not be liable in the following situations:
- You did not follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
- Through no fault of Vookum, you have insufficient funds to make a payment;
- Your computer, the software, phone lines, Vookum’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
- Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
- Vookum has reasonable basis to believe that unauthorized use of your User ID, Password, or User Account or Account has occurred or may be occurring;
- Vookum or you has terminated your Online Service or closed your Account to which the User ID was linked;
- You have supplied your login information to another party or for any other reason specified in these Terms or any other agreement Vookum has with you.
- Please note that subscription payment procedures and recourse related to the Chat Room is governed solely by the terms and conditions of Telegram, the Chat Room service provider.
- ACCURATE INFORMATION. In creating and using your User Account on the Website, Chat Room, or other Service, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required (the “Registration Data”); and (ii) maintain and update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vookum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vookum has the right to suspend or terminate your User Account (if applicable) and refuse any and all current or future use of your User Account.
- IMPROPER USE OF SERVICES. You are not permitted to impersonate or provide false information about yourself, including, for example, holding yourself out to be a Vookum employee, principle, agent, representative, or in any manner affiliated with Vookum or any Vookum affiliated or Service, including the Chat Room. If Vookum learns of such conduct, Vookum reserves the right to terminate your Account and right to participate in the Chat Room and, if your conduct warrants, report you to the proper authorities should your conduct violates the law. You are not permitted to request or otherwise attempt to obtain money, payment, or any other renumeration from any user, member, subscriber or any other person(s) using or visiting Vookum’s Website, chat room, or any other Service. Such conduct will result in immediate termination of your Account without refunds of any kind or for any reason.
- TERMINATION OF ACCOUNT. Vookum reserves the right to terminate your use of the Online Service on the Website, the Chat Room, or any other Service for any reason and at any time without notice to you. You have the right to terminate your use of the Website Online Service (if applicable) by emailing Vookum at firstname.lastname@example.org.
- NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, CHAT ROOM, OR ANY OTHER SERVICE IS AT YOUR OWN RISK. THE WEBSITE, THE ONLINE SERVICE AND ANY OTHER CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. VOOKUM AND ANY VOOKUM AFFILIATE PROVIDES THE WEBSITE, THE TELEGRAM CHAT ROOM, AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND VOOKUM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, CHAT ROOM, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE, CHAT ROOM, OR BY VOOKUM ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, THE CHAT ROOM, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE, CHAT ROOM, OR OTHER SERVICE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. VOOKUM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, CHAT ROOM, AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT VOOKUM SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITEM, CHAT ROOM, AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
- INDEMNIFICATION. You agree to defend, indemnify and hold Vookum and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Vookum or any Vookum affiliate, directly or indirectly, with respect to or arising out of (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
- NOT INVESTMENT OR PURCHASE ADVICE. Neither Vookum nor any Vookum affiliate is providing any investment advice, purchase advice, watch purchase advice, watch authenticity advice, watch valuation advice, or any other advice, warranty, or guarantee whatsoever in connection with the Website, the Chat Room, or any other Service. Any information regarding the financial or market state of the watch or jewelry industry, for example, does not constitute any type of advice and is for entertainment and informational use only. Vookum is not liable in any manner in connection with any information shared or disseminated by Vookum on the Website, Chat Room, or other Service. Accordingly, there can be no assurances and you should not rely upon any information appearing on the Website, the Chat Room, or any other Service offered by Vookum or any Vookum affiliate. Furthermore, no representation regarding the authenticity of any item, watch, jewelry, or any other item appearing on the Website, Chat Room, or other Service made by any user, Vookum, or any other person(s) should be accepted by you. You are solely responsible for conducting due diligence with respect to any item discussed, featured, or otherwise raised on our Website, the Chat Room, or any other Service. Vookum is not liable for any aspect of any purchase you may make with any Website, Chat Room, or Service user.
- LIMITATION OF LIABILITY. VOOKUM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE CHAT ROOM, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH VOOKUM. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN THESE TERMS, IN NO EVENT WILL VOOKUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CHAT ROOM, OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE CHAT ROOM, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, CHAT ROOM, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, CHAT ROOM, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, CHAT ROOM, OR OTHER SERVICE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS VOOKUM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THIRD-PARTY CONTENT.
- Vookum may provide hyperlinks to other websites maintained by third parties or users, or Vookum may provide third party content on the Website, Chat Room, or other Service by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES OR CONTENT ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE, CHAT ROOM, OR OTHER SERVICE IS NOT UNDER VOOKUM’S CONTROL AND VOOKUM IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- If a third-party links to the Website, Chat Room, or other Service it is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Vookum or any Vookum affiliate. In most cases, Vookum is not aware that a third party has linked to the Website, Chat Room, or other Service. A website that links to the Website, Chat Room, or other Service: (i) may link to, but not replicate, Chat Room, or other Service’s Content; (ii) may not create a browser, border environment or frame ’s Content; (iii) may not imply that Vookum is endorsing it or its products; (iv) may not misrepresent its relationship with Vookum; (v) may not present false or misleading information about Vookum’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
- COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website, Chat Room, or other Services are Vookum’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Vookum is the copyright owner or authorized licensee of all text and all graphics contained on the Website, Chat Room, or other Service. All trademarks and service marks of Vookum that may be referred to on the Website, Chat Room, or other Service are the property of Vookum. Other parties’ trademarks and service marks that may be referred to on the Website, Chat Room, or other Service are the property of their respective owners. Nothing on the Website, Chat Room, or other Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Vookum’s trademarks or service marks without Vookum’s prior written permission. Vookum aggressively enforces its intellectual property rights. Neither the name of Vookum nor any of Vookum’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Vookum’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of these Terms may use the name “Vookum” in or as part of that URL link. If you believe that any Content on the Website, Chat Room, or other Service violates any intellectual property right of yours, please contact Vookum at the email address email@example.com.
- LOCAL LAWS. Vookum makes no representation that content or materials in the Website, Chat Room, or other Service are appropriate or available for use in jurisdictions outside the United States. Access to the Website, Chat Room, or other Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Website, Chat Room, or other Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Vookum is not responsible for any violation of law. You may not use or export the Content or materials in the Website, Chat Room, or other Service in violation of U.S. export laws and regulations. You agree that the Website, Chat Room, or other Service, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Vookum maintains your Account, or, if Vookum transfers your Account to another location, where Vookum currently maintains your Account. The Website, Chat Room, other Service and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Vookum, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Vookum maintains your Account, or, if Vookum transfers your Account to another location, where Vookum currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website, Chat Room, or other Service with his or her User ID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Vookum unless acknowledge by Vookum in writing. Vookum has no obligation to provide you with written acknowledgment. Vookum may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
- TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Website, Chat Room, or other Service at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, Chat Room, other Service, to Vookum, to the business of the Website’s Internet service provider, or to other information providers.
- YOUR CONSENT. By accessing and using the Website, Chat Room, or other Service, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website, Chat Room, other Service, and/or the Online Service. Your use of the Website, Chat Room, other Service, and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Website, Chat Room, other Service that you think is inappropriate, please let us know by email at firstname.lastname@example.org.