Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.velvetropes.com website (the “Site”) and/or Velvet Ropes, Inc.’s mobile application (the “Service”) operated by Velvet Ropes, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
You agree that disputes between you and Velvet Ropes, Inc. will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. Please see the Arbitration section below for more details.
All disputes hereunder shall be settled pursuant to confidential binding arbitration under the rules of the American Arbitration Association before a single arbitrator in Los Angeles, CA.
- You must be at least 18 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other users.
- You are responsible for keeping your password secret and secure.
- You must not defame, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, non-public addresses or non-public email addresses.
- You must not follow, stalk, harass, or invade the privacy of any individual by photographing or recording him or her in a private setting.
- You must not post private information about any individual whatsoever via the Service.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws, privacy laws and “anti-paparazzi” laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Velvet Ropes, Inc.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any users.
- You must not use domain names or web URLs in your username without prior written consent from us.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Velvet Ropes, Inc. page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Any violation of these user guidelines will be considered a material breach of these Terms of Conditions. If we determine in our sole discretion that you are violating any of these Terms of Conditions, we reserve the right to (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your Account.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available Content. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the trademark, trade name, privacy rights, publicity rights, copyrights, artistic right, contract rights or any other rights of any third parties. We reserve the right to terminate the account of anyone found to be in breach of the representations and warranties listed herein.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Velvet Ropes, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Velvet Ropes, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You acknowledge that Velvet Ropes, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Velvet Ropes, Inc. reserves the right to disallow a username that it believes impersonates someone else, is or may be illegal, protected by trademark or other proprietary rights law, is vulgar or offensive, or for any other reason.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
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):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Velvet Ropes, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Velvet Ropes, Inc.
Subject to your compliance with these Terms, Velvet Ropes, Inc. grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Content available on the Site or Service. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Content, except as expressly permitted in these Terms. Except for the licenses and rights expressly granted herein, no licenses or rights are granted to you by implication or otherwise by Velvet Ropes, Inc. or its licensors.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Velvet Ropes, Inc.
Velvet Ropes, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Velvet Ropes, Inc. or any association with its operators.
Velvet Ropes, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Velvet Ropes, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation Of Liability
In no event shall Velvet Ropes, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Velvet Ropes, Inc. its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) any Content you upload will not be lost or become corrupted or the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed by, and construed in accordance with, the laws of the State of California without regard to its conflict of law provisions.
You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site and/or Service. Use of the Site and/or Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Velvet Ropes, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Velvet Ropes, Inc. in asserting any available defenses.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Scope of agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Velvet Ropes, Inc. with respect to the Site and the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Velvet Ropes, Inc. with respect to the Site and the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Company reserves the right, in its sole discretion, to change the Terms under which the Site, Services and Content are offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions about these Terms, please contact us at this email here.