VlLANCER WEBSITE TERMS OF USE

 

WELCOME TO VLANCER ("VLANCER" OR "WE") WEBSITE (THE "WEBSITE"). BY USING THE WEBSITE AND/OR THE SERVICES (AS DEFINED HEREIN) YOU, THE USER USING THE WEBSITE AND/OR SERVICES ("YOU") ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE ("TERMS") AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING YOUR USE OF THE WEBSITE AND/OR YOUR USE OF THE SERVICES. VLANCER RESERVES THE RIGHT TO AMEND THESE TERMS AT ANY TIME, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE NOR ACCESS THE WEBSITE AND VLANCER SERVICES.

 

THE SERVICES

As part of the services that Vlancer provides to You, You will receive a private account (the "Account") that will enable You to post project and/or bid on projects through the Website (the "Services").

 

During the registration process, You will be asked to select a username and password. The username and password and any information related to your Account are for your individual use only. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under the Account with or without your knowledge. If you knowingly provide your username or password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Vlancer of any unauthorized use of your Account or any other breach of security. Vlancer will not be liable for any loss or damage arising from your failure to comply with this section.

 

Vlancer grants You a limited, revocable non-exclusive, non-transferable, personal license to access and use the Website and the Services through the Account, all in accordance with these Terms.

 

The Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Vlancer for any reason.

 

By registering with the Website, You agree that all information provided by You to Vlancer is true and accurate and consent to update this information in order to keep its accuracy, correctness and completeness.

 

PRIVACY

Your privacy is very important to us at Vlancer. To better protect your rights we have provided the Vlancer Privacy Policy to explain our privacy practices in detail. Please review our Privacy Policy, which also governs your visit to the Website, as well as the conditions of its use. All information we obtain about you in connection with your use of the Website is subject to our Privacy Policy.

 

Vlancer may provide you with the ability to pay certain fees through the Website by using a service such as PayPal or Google Checkout. All payments through these third parties are subject to the third party's Terms of Service, and Vlancer will not be responsible for anything contained therein.

 

PERMITTED USE AND USER CONTENT

You will not: (i) use the Website or Services for any purposes other than positng projects and/or bid on projects; (ii) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Website and/or the Services; (iii) use the Website or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, currency consulting and trading laws, and data protection and privacy;(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or the Services, features that prevent or restrict use or copying of any content accessible through the Website or the Services, or features that enforce limitations on the use of the Website or the Services; (v) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (vi) modify, adapt, translate or create derivative works based upon the Website or the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or (vii) intentionally interfere with or damage operation of the Website or the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

 

You also agree not to:

  1. (i)submit, transmit, or otherwise make available in any manner, any content that is defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory unlawful, harmful, hateful, threatening, harassing, libelous, invasive of another's privacy, harmful to a minor or otherwise objectionable, or which contains a chain letter or constitutes any form of mass mailing.

 

  1. (ii)Falsely state, impersonate, or otherwise misrepresent your identity or otherwise provide information that would be misleading.

 

  1. (iii)Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.

 

  1. (iv)Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

 

  1. (v)Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, sending unsolicited promotional messages to those direct connections without their permission, "junk mail", "spam", "chain letters", "pyramid schemes", and related dealings or any other form of solicitation.

 

  1. (vi)Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

  1. (vii)Stalk or harass anyone.

 

  1. (viii)Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services provided by the Website.

 

  1. (ix)Use your Website account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

 

Though Vlancer does not regularly review content you submit to the Website or Services, Vlancer reserves the right to edit such content in any way and to refuse to process any content that violates these Terms or that Vlancer finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Website or to the Services and that use of such content do not violate these Terms. You agree to defend, indemnify, and hold Vlancer harmless from and against any and all claims arising out of or relating to any content that you submit to the Website and the Services through a purchase.

 

VLANCER ELECTRONIC COMMUNICATIONS

When you visit the Website, use the Services or send e-mails to Vlancer, You are communicating with Vlancer electronically. We therefore take this as your consent to receive communications from Vlancer electronically. By doing so you agree that all agreements, notices, disclosures and other communications that Vlancer provides you electronically satisfy any and all legal requirement that such communications be in writing.

 

THIRD PARTY APPLICATIONS, LINKS AND CONTENT

The Website and/or Service includes or might include links or direct connections to other websites, contents or resources that are owned and operated by other third parties as a convenience to You (“Reference Sites”).  Vlancer does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

TRADEMARKS

The Vlancer logo and other Vlancer graphics, logos, page headers, button icons, scripts, and service names are or may be trademarks, registered trademarks or trade dress of VlancerYou agree not to use Vlancer's trademarks and trade dress in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vlancer. All other trademarks not owned by Vlancer that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vlancer.

 

INTELLECTUAL PROPERTY

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Vlancer or its content suppliers and protected by copyright laws. The compilation of all content on the Website is the exclusive property of Vlancer and protected by copyright laws. All software used on this site is the property of Vlancer or its software suppliers and protected by copyright laws. Vlancer is the owner and retains all proprietary rights to the Website, the Services, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Website and the Services and their content only as specifically authorized by Vlancer.

 

INFORMATION PROVIDED ON THIS WEBSITE

In the course of using the Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy) to learn more about information collected on this Website). You understand that by posting materials on the Website or otherwise providing materials to Vlancer, You are granting Vlancer a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Service. Furthermore, You understand that Vlancer retains the right to reformat, excerpt, or translate any materials submitted by You. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that Vlancer will not be liable for any errors or omissions in any content. You understand that Vlancer cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, We cannot guarantee the authenticity of any data which users may provide.

 

In addition, the Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast user content to the Website. Any material you transmit to the Website or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered in connection with the use of the Services or otherwise and any chat, blog, message board, online forum, text, email or other communication with Vlancer or its users as part of the Service ("User Emails") shall be the exclusive property of Vlancer. You agree that unless otherwise prohibited by law, Vlancer may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. Such usage of user content may include, without limitation, displaying the user content on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.

 

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Vlancer may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms, or protect the rights, property, or safety of Vlancer, its users, and the public.

 

INDEMNIFICATION

By accepting These Terms, you agree to indemnify and otherwise hold harmless Vlancer, its officers, employees, agents, subsidiaries, affiliates, co-branders, other partners and employees from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (a) your use of the Website or the Services; or (b) unauthorized access to or alteration of your communications with or through the Service;

 

WARRANTIES AND DISCLAIMERS

THE SERVICES AND ANY INFORMATION INCLUDED IN THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FINATICK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

VLANCER MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND WILL NOT BE HELD LIABLE FOR ANY SUCH TEMPORARY INTERRUPTION IN THE WEBSITE OR THE SERVICES (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOAD OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VLANCER OR THROUGH OR FROM THE WEBSITE OR THE SERVICE OR BY THIRD PARTY SHALL CREATE ANY WARRANTY TO VLANCER NOT EXPRESSLY STATED IN THESE TERMS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VLANCER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES VLANCER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR THE INABILITY TO USE, DATA AND MATERIALS OR OTHER INTANGIBLE LOSSES (EVEN IF VLANCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO THE SERVICES, THE WEBSITE OR ANY OTHER WEBSITE. IN NO EVENT SHALL VLANCER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT OF US$100 (ONE HUNDRED US DOLLARS), IF AT ALL.

 

STATUTE OF LIMITATIONS.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

 

MISCELLANEOUS

If any provision of These Terms shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You may not transfer or assign any of your rights and obligations under these Terms, and any attempt to do so will be null and void. These Terms together with the Website Privacy Policy, shall constitute the entire agreement and understanding between Vlancer and You concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto; The failure of Vlancer to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Vlancer; These Terms and all matters relating to your access to, or use of, this Website shall be governed by and construed according to the Israeli Law, without regard to the conflict of laws provisions thereof.

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