CONTENT TERMS OF USE
THESE CONTENT TERMS OF USE (“TERMS OF USE”) ARE ENTERED INTO BY AND BETWEEN YOU, THE VIEWER (“YOU”, “YOUR”, “YOURSELF” AND “USER”, AS THE CONTEXT REQUIRES) AND VIRAL LAUNCH, INC., A DELAWARE CORPORATION (“WE”, “US”, “OUR” “THE COMPANY” AND “VIRAL LAUNCH”, AS THE CONTEXT REQUIRES). THESE TERMS GOVERN YOUR USE OF CONTENT, WHICH INCLUDES TEXT, PHOTOS, GRAPHICS, SOUNDS, MUSIC, VIDEO, AUDIOVISUAL COMBINATIONS, BLOG, AND PODCAST CONTENT, CREATED BY, FOR, OR WITH VIRAL LAUNCH AND/OR HOSTED ON THE COMPANY’S WEBSITE (“CONTENT”).
YOUR USE, INCLUDING ACCESS, VIEWING OR LISTENING TO, OR DOWNLOADING OF THE CONTENT, IF AVAILABLE (“USE”) IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES, AND NOTICES HEREIN.
BY ACCEPTING THESE TERMS OF USE, EITHER THROUGH ENTERING LOG-IN INFORMATION, YOUR USE OF THE CONTENT, OR EXECUTING OR OTHERWISE ASSENTING TO THESE TERMS OF USE OR ANY DOCUMENT OF WHICH THIS AGREEMENT IS A PART (INCLUDING BUT NOT LIMITED TO THE VIRAL LAUNCH TERMS OF SERVICE), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING CONTENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT USE ANY CONTENT.
NOTHING IN THESE TERMS OF USE DOES OR IS INTENDED TO ALTER, AMEND OR NULLIFY THE VIRAL LAUNCH TERMS OF SERVICE. RATHER, THESE TERMS OF USE SUPPLEMENT AND ARE TO BE READ IN CONJUNCTION WITH THE VIRAL LAUNCH TERMS OF SERVICE TO THE FULLEST EXTENT POSSIBLE. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS OF USE AND THE VIRAL LAUNCH TERMS OF SERVICE, THEN THESE TERMS OF USE SHALL CONTROL AND PREVAIL.
THESE TERMS OF USE APPLY EQUALLY TO EXISTING CONTENT AND ANY FUTURE CONTENT, AS WELL AS ANY CURRENT OR FUTURE USE OF THE CONTENT.
VIRAL LAUNCH RESERVES THE RIGHT TO UPDATE, CHANGE, AMEND, OR REPLACE ANY PART OF THESE TERMS OF USE AND YOUR CONSENT TO THE USE OF THE CONTENT FOLLOWING SUCH CHANGES, AMENDMENTS, OR UPDATES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
SECTION 1 –TERMS
You hereby represent and warrant to Viral Launch that you have the authority to bind yourself and your affiliates to this Agreement.
You shall not use Content for any illegal or unauthorized purpose. Nor may you, in the use of the Content, violate any laws applicable to you (including but not limited to copyright laws).
Upon breach or violation of any of these Terms, the determination of which shall be made by Viral Launch, in its sole discretion, such breach may result in an immediate termination of your access to the Content.
SECTION 2 – GENERAL CONDITIONS
Viral Launch hereby grants you permission to access and use the Content as set forth in these Terms of Use. We reserve the right to refuse to provide access to the Content to anyone for any reason at any time. Subject to the limited rights expressly granted hereunder, Viral Launch reserves all right, title and interest in and to the Content, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
You shall not (i) modify, copy, distribute, display, perform, reproduce, publish, license, transfer, sell, make available to any third party, or create derivative works based on the Content; (ii) frame or mirror any content forming part of the Content; (iii) reverse engineer the Content; (iv) access the Content in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Content; or (v) circumvent, disable or otherwise interfere with security-related features of the Content or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content.
In addition to the foregoing, you shall not to use the Content for any commercial or pecuniary uses or purposes, unless you obtain Viral Launch’s prior written approval.
SECTION 3 - RELIANCE
We shall not be responsible for the accuracy, completeness, usefulness, or currentness of the Content. The Content is provided for general information only and should not be relied upon or used as the exclusive, or even any, basis for making decisions.
Except as specifically set forth herein, we make no guarantee, nor do we represent or warrant that the results obtained through your use of on the Content will be accurate or reliable. Nor do we represent or warrant that the Content, or your reliance thereon, will produce any certain or specific results.
Accordingly, any use of the Content, or reliance thereon, is at your sole and exclusive risk.
SECTION 4 - THIRD-PARTY INFORMATION
The Content may include material and information provided by, belonging to, or referencing third parties. Viral Launch may or may not be affiliated with any such third-party. We are not responsible for examining or evaluating the content or accuracy of any third-party material or information provided in the Content and we do not warrant and will not have any liability or responsibility for any third-party materials, products, services, or websites discussed, referenced, or available through the Content.
SECTION 5 – AMAZON TERMS OF SERVICE COMPLIANCE
Viral Launch makes no claim, representation or warranty of any kind, type or nature concerning Viral Launch’s or any User’s compliance with amazon.com’s (“Amazon”) services terms of use, conditions of use, privacy policy, or any other conditions, rules or regulations imposed by Amazon on the use of Amazon’s services by its customers and other parties (collectively, the “Amazon Terms of Service”). It shall be each User’s sole responsibility to analyze and interpret Amazon’s Terms of Service for such User. Each User is solely responsible for such User’s interpretation of Amazon’s Terms of Service and such User’s actions relevant to compliance thereof. By using the Content, you hereby release Viral Launch and waive any and all claims or claim rights that you may have against Viral Launch with respect to Amazon’s Terms of Service.
SECTION 6 – CONTACT INFORMATION AND PRIVACY
In order to access the Content, and in exchange for such access, you may be required to provide log-on credentials including, but not limited to, name and email address (“Contact Information”). By providing such Contact Information, you expressly agree to join (i) the Viral Launch email list; (ii) the eComHub (https://ecomhub.com/) email list; and (iii) the Amazing Freedom (https://www.amazingfreedom.com/) email list, consistent with the terms and conditions that may otherwise apply to those respective lists, as may be amended from time to time, but otherwise without limitation.
You further understand and agree that by providing your Contact Information, as is required for access to the Content, and joining the respective email lists, you may receive various email communications from Viral Launch, Amazing Freedom and/or eComHub. You may unsubscribe from those email lists at any time, in keeping with the terms and conditions of those lists, as may be amended from time to time.
These Terms of Use and Viral Launch’s Privacy Policy govern your submission of Contact Information, and other information, to Viral Launch. Please click here to view our Privacy Policy (https://viral-launch.com/privacypolicy.html).
SECTION 7 - CONSIDERATION
You understand and agree that in consideration for Viral Launch providing you access to the Content, regardless of whether the Content is provided free of charge or for a fee (which fee you agree to pay, if applicable), you are providing your Contact Information as described in Section 6. You and Viral Launch agree that this exchange constitutes good and adequate consideration for the promises contained herein.
SECTION 8 - INTERRUPTIONS
You hereby agree and acknowledge that there may be interruptions in availability or accessibility of the Content. While we use reasonable efforts to keep the Content accessible, the Content may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to Content may be interrupted, suspended or terminated. Viral Launch retains the right at our sole discretion to deny access to the Content to anyone or any account, at any time and for any reason.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of Viral Launch or of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Content; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) for any obscene or immoral purpose.
We reserve the right to terminate your use of the Content violating any of the prohibited uses, as determined in our discretion.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRAL LAUNCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CONTENT AND YOUR USE THEREOF. VIRAL LAUNCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT OR THE CONTENT OF ANY THIRD-PARTY SITES 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 THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR SERVICES. VIRAL LAUNCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, AND VIRAL LAUNCH 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.
In no case shall Viral Launch OR VIRAL LAUNCH’S affiliates, partners, officers, directors, employees, interns, contractors, agents, suppliers, service providers, or licensors (“Released Parties”), as the case may be, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Content, or for any other claim related in any way to your use of VIRAL LAUNCH’S service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Content or any content (or product) posted, transmitted, or otherwise made available by Viral Launch, even if advised of their possibility. In the event that any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no event shall Viral Launch’s total aggregate liability arising out of or related to these Terms exceed the lesser of: (i) the amounts paid by you to Viral Launch during the six (6) months preceding the EVENT(S) GIVING RISE TO THE claim, or (ii) One Hundred and 00/100 Dollars ($100.00).
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Viral Launch and the Released Parties harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of (i) your use of and access to the Content; (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
Your obligations and liabilities with respect to the use of the Content incurred prior to the termination of your relationship with Viral Launch shall survive the termination of these Terms of Use for all purposes.
These Terms of Service shall be effective unless and until terminated by either you or us. You may terminate these Terms of Use by ceasing to use our Content.
If, in our sole and absolute discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, then we shall have the right to terminate these Terms of Use at any time without notice, and (i) you shall remain liable for all amounts due up to and including the date of termination; and/or (ii) Viral Launch shall have the right to deny you access to our Content (or any part thereof or other services or sites offered by the company).
YOU AND VIRAL LAUNCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SECTION 14 - WAIVER; ENTIRE AGREEMENT; HEADINGS
Any failure by Viral Launch to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, in conjunction with the Viral Launch Terms of Service, constitute the entire agreement and understanding between you and us with respect to the Content, and shall supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 15 - GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana without regard to conflicts of law principles. Any claim or dispute between you and Viral Launch that arises in whole or in part from the Content shall be decided exclusively by a court of competent jurisdiction located in Marion County, Indiana.
SECTION 16 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, amend or replace any part of these Terms of Use by posting updates and/or changes to the Site in a conspicuous manner, except that no modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is agreed-to by the party against whom the modification, amendment or waiver is to be asserted. It is your responsibility to check the Site periodically for changes, amendments or updates to these Terms of Use.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at [email protected].
DISCLAIMER
Any past results received by you with respect to the Viral Launch’s services or Content are not indicative of future results and there are a number of factors outside of our control and we therefore make no guarantee regarding the results derived from the use of our products, services or Content. Amazon is a registered trademark of Amazon.com LLC. Viral Launch has no affiliation, association, endorsement, or sponsorship by Amazon.
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