LEGAL / PRIVACY
A. “Non-Personal Information” is information that is in no way personally identifiable and that is obtained automatically through Your simple use of the Website with a web browser or the Service.
B. “Personally Identifiable Information” is non-public information that is personally identifiable and obtained in connection with You providing information related to the Service. It may include information such as name, address, phone number, email address or any other information You provide us.
2. Information Collected
When You enter the Website, We collect Non-Personal Information such as Your browser type and IP address. We may also collect Personally Identifiable Information about You from the following sources:
• Information You give us; or • Information You send us via any medium, including, but not limited to, SMS (text messages), mail, telephone, and social media interaction; or • If You use a mobile device platform to access the Services or communicate with VING, information transmitted from Your mobile device
In order to become a registered end user/member (as defined in the Terms), You must provide us the following information to create an account: name, age/date of birth and email address, and if required, address, name of school and English teacher name. VING may request other information from You during or after the registration process that VING uses to provide the Service. You acknowledge that this information is personal to You, and by creating an account on VING, You may allow others, including VING, to identify You and to allow VING to use Your information in accordance with the Terms.
B. Additional Information
Once You become a Member, You may provide additional information to VING related to Your account, the Service, or promotions by VING or its affiliates.
C. Using Third Party Services and Visiting Third Party Sites
E. Log files, IP Addresses and information about Your computer and mobile device
Due to the communications standards on the internet, when You visit the Website We automatically receive the URL of the Website from which You came and the Website to which You are going when You leave VING’s Site. VING also receives the internet protocol (“IP”) address of Your computer (or the proxy server You use to access the World Wide Web), Your computer operating system and type of web browser You are using, Your mobile device (including Your UDID) and mobile operating system (if You are accessing the Website using a mobile device), as well as the name of Your ISP or Your mobile carrier. VING may also receive location data passed to it from third-party services or GPS-enabled devices that You have enabled. VING receives information when You access third-party web pages through the Service. The link between Your IP address and Your personally identifiable information is not shared with third parties without Your permission, except as described in Section 7.B. (compliance with legal process), below.
4. Use of Personally Identifiable Information
VING uses and/or intends to use Personal Information to:
5. Links/Postings to Other Sites
The Website may contain links to other websites. VING is not responsible for the actions, practices, or content of such websites linked to or from the Website and/or the Service. You understand that such websites may have their own legal documents to which You must agree to prior to using and that We have no control over these legal documents. As always, You understand that it is Your responsibility to verify Your legal use of a website as well as use of information from the website with the corresponding website owner
6. Use of Aggregate Data
7. When We May Disclose Your Information
Except as set forth below or as specifically agreed to by You, VING will not disclose any Personally Identifiable Information as gathered from You on the Website.
B. We may share Personally Identifiable information We collect when required or advised to do so in response to a valid legal requirement to release this information such as a state or federal law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to You or others, to protect property, or defend or assert legal rights, to defend ourselves in litigation. In the event that We are legally compelled to disclose Your Personally Identifiable information to a third party, We will attempt to notify You unless doing so would violate the law or court order.
8. Security Policy & User ID/Password
Our site utilizes various information security measures such as internet firewalls, an intrusion detection system, encrypted data transmission, and operating procedures to protect Your personal data, accounts, passwords, etc. This information is kept completely separate and confidential, unless You have given someone-else Your user ID and password. As such, You should protect Your user ID and password and NOT share it with anyone. If You believe Your user ID and password have been compromised, please contact Our technical support department so they can issue You a new user ID/password (firstname.lastname@example.org).
9. CAN-SPAM Compliance Notice/Opt Out
VING complies with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us, including, SMS (text messages).
10. Transfer of Ownership
11. Notice to Residents of Countries outside of the United States of America
If We discover that a child under the age of 14 has provided Us with personally identifiable information, we will use Our best reasonable efforts to remove the child from all broadcast and marketing communications, including email, SMS (text messages), and physical mailing. the child’s contact information, including email, phone number and physical address, as well as associated meta-data, will be removed from all software and databases used to send scheduled, broadcast, and marketing communications. Their data may remain on Our internal databases. No data from minors will be made available to third-parties. A parent or guardian may notify us by email at email@example.com to request the deletion of his or her child’s personally identifiable information from our internal records.
Term of Use
We may amend this Agreement at any time by posting the amended terms on our Website. We may also, however we are under no obligation to do so, post notices on the homepage of the Website when such changes occur and email registered users/members of said changes. Such changes become effective at the time the amendment is posted. It is your responsibility to monitor this Agreement for updates and revisions.
1. Our Service
VING provides a unique Website that allows registered end users to nominate someone in financial need to receive $1,000.00. End users may upload a video of his/her nomination and if selected, the video may be displayed and distributed by VING for distribution and promotion on the Website and any other media chosen by VING.
2. Your Obligations
A. Applicable Laws and this Agreement
You must comply with all applicable laws and the policies and processes explained in the following sections, which may be amended from time to time.
B. License and warranty for your submissions to VING
You own the information you provide Ving. You grant Ving a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Ving or to a third-party through the Service, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Ving, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your VING account information accurate and updated.
C. Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are at least 14 years of age and no older than 18 years of age; (2) are not currently restricted from the Service, or not otherwise prohibited from having a VING account, (3) will only maintain one VING account at any given time; and (4) will not violate any rights of VING, including intellectual property rights such as copyright or trademark rights.
D. Sign-In Credentials
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; and (3) refrain from using other Users’ accounts. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
F. Contributions to VING
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to VING through its contact, suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) VING is not under any obligation of confidentiality, express or implied, with respect to the Contributions; © VING shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) VING may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to VING all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from VING under any circumstances.
G. Third Party Sites and Developers
Please note: If you allow a third-party website or a third party platform application to authenticate to or connect with your VING account, that website or application may be able to access information on the Website and vice versa related to you and your connections and other personal information.
H. Limited License
Upon registering for our services and upon the condition that you comply with all of your obligations under the Terms, VING grants you a non-exclusive, non-transferable, revocable license to access and use the Website and the Service, strictly in accordance with this Agreement and subject to all the limitations set forth in this Agreement. Violation of any of the terms of this Agreement is grounds for the immediate termination of your account without notice.
I. Our Website Content
You understand and agree that the Website and related technologies and intellectual property are owned by and belong to VING and are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy the Website and related technologies. You understand and agree that VING and other products and company names mentioned on our Website may be trademarks, service marks or copyrights of their respective owners, and that as such, you may not use any copyrighted material or use any such trademark or service mark in connection with any product or service in any manner which violates the law, including, but not limited to, United States Trademark Law.
J. Account Registration
VING allows for the Website to be used as a “Visitor” (a general user of the Website where no registration is required) or as a “Member” (you have registered with the Website and want to use the Service). By using the Website as a Visitor, you represent that you are of legal age to use the Website. By registering as a Member, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete. For Members, a user name and password will be assigned by us or chosen by you. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us if you believe that others are accessing your account. To protect yourself and VING, you understand and agree that you will not loan your user name and password to others. You cannot use the Service until after we have verified the email address you provide during registration.
K. Right to Refuse Membership
VING has sole discretion in determining whether to accept a Member to the Website and may refuse membership to the Website or use of the Software to anyone without the need to provide explanation. VING has no liability whatsoever for such refusal.
L. No Liability for Access by Minors
VING is not responsible for determining the age of its users and has no liability whatsoever should a minor under the age of 14 use the Website or any other part of the Service, regardless of whether the minor’s use of the Service would otherwise be prohibited due to the minor’s age.
M. Termination of Account
You may terminate your account with VING at any time. We may terminate your account without notice to you if you violate the Terms. If your account is terminated, VING reserves the right to remove your account information from our servers with NO liability or notice to you.
N. General Content Disclaimer
The opinions expressed on our Website are strictly those of the person who gave them and are no way endorsed or otherwise supported or adopted by VING. Our Website Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date. VING has no obligation to update any content on our Website.
O. Liability Disclaimer
SOME CONTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON VING, ANY INFORMATION THEREIN, OR ITS CONTINUATION. VING PROVIDES THE PLATFORM FOR THE SERVICE AND ALL INFORMATION RELATED TO THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. VING DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. VING DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. Although we provide rules for user conduct and postings, we do not control and we are not responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. VING is not responsible for the conduct, whether online or offline, of any user of the Website. Further, VING is not responsible or liable in any manner for any third party applications, software, viruses, etc. that are uploaded or posted on the Website, caused by users of the Website, or that are related to the use of the Service by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the Website or the Service.
THE SERVICE, INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VING DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. THE INFORMATION AND THE SOFTWARE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VING AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR THE WEBSITE.
IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
VING DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE `THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE WEBSITE, OR ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
VING AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WEBSITE, THE SERVICE, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
VING DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS REGISTERING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICE BY OTHER USERS; THEREFORE, VING DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
P. Monitoring and Removal of Information
You understand and agree that VING reserves the right to monitor all advertisements, public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by Members of our Website. You understand and agree that VING is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current members, unauthorized users, hackers, etc. Furthermore, you also understand and agree that VING is not responsible for the use of any personal information that a member may choose to post on the Website. However, you understand and agree that despite VING not having any obligation to do so, VING reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
Q. Promotional Lists and Newsletters
You understand and agree that by using the Website and/or the Service, your name may be placed on promotional lists to receive emails regarding the Website and the Software, news from our affiliates, and the VING newsletter. If at any time you no longer wish to receive such emails, please email info@VingProject.org
R. Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you receive from VING or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of the Website. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of the Website. Furthermore, you understand and agree that VING is no way liable for the content on the Website and VING has no liability related to your reliance on it or to any such advertisements, user-contributed materials, testimonials, and opinions.
S. Release of Personal Information
T. Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with the Website, the Software, and/or VING you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Chicago, Illinois, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and VING. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Illinois shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
U. Choice of Law
You agree that the laws of the State of Illinois are to be used with regards to any interactions with the Website and/or the Software as well as with VING.
V. Questions About This User Agreement
If you have a question about these Terms, please email our customer service department (info@VingProject.org).