Terms and Conditions

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Terms and Conditions

Last updated: May 20, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the Vampr mobile application or associated website (the
“Service”) operated by Vampr Inc (“us”, “we”, or
“our”).

Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and others
who access or use the Service. You warrant that you are at least 18-years-old
and you are legally capable of entering into binding contracts. If you are under
18-years-old, you warrant that you have obtained consent from your parent or
guardian and they agree to be bound by these Terms on your behalf.

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 may not access the Service.

Content
Our Service allows you to post, link, store, share and otherwise make available
certain information, text, graphics, videos, or other material (“Content”). You
are responsible for the Content that you post to the Service, including its
legality, reliability, and appropriateness.

By posting Content to 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 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. 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.

You represent and warrant that: (i) the Content is yours (you own it) or you have
the right to use it and grant us the rights and license as provided in these
Terms, and (ii) the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. Further, you warrant that: (i) the Content will not
cause you or us to breach any law, regulation, rule, code or other legal
obligation; (ii) the Content will not or could not be reasonably considered to
be obscene, inappropriate, defamatory, disparaging, indecent, seditious,
offensive, pornographic, threatening, abusive, liable to incite racial hatred,
discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iii) the Content will not be unsolicited, undisclosed or unauthorised
advertising; (iv) the Content does not contain software viruses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software, hardware or telecommunications
equipment; and (v): the Content does not bring us or the Service into
disrepute.

You agree to keep all records necessary to establish that your Content does not
violate any of the requirements of this clause and make such records available
upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of
your Content incorporated into the Service. We reserve the right to modify or
remove any Content at any time.

You acknowledge and agree that all Content you provide on the Service will be
publicly available information and you bear the risks involved with such public
disclosures.

You may not use the Service to or post Content that advertises, promotes or
displays any products, brands, goods, services, business, hobby or enterprise
without our prior written consent. Any breach of this term may result in
immediate termination and removal of your account from the Service.

Data Usage
Use of the Service may involve transmission of data through your carrier or service provider’s network. You are responsible for all data usage and fees and charges you may incur from your carrier or service provider in connection with or related to your use of the Service.

Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.

You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully
responsible for activities that relate to your account or your password. You
must notify us immediately upon becoming aware of any breach of security or
unauthorised use 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 trade mark that is subject to any rights
of another person or entity other than you without appropriate authorization, or
a name that is otherwise offensive, vulgar or obscene.

Vampr IP
The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of Vampr
Inc and its licensors and assigns. The Service is
protected by copyright, trademark, and other laws of both the United States of America 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 Vampr Inc. Nothing in these Terms constitutes a transfer of any
Intellectual Property rights from us to you.

You are permitted to use the Service only as authorised by us. As a user, you are
granted a limited, non-exclusive, revocable, non-transferable right to use the
Service to create, display, use, play, and download Content subject to these
Terms.

Our Intellectual Property must not be used in connection with a product or
service that is not affiliated with us or in any way brings us into
disrepute.

You must not modify the physical or digital copies of any Content you print off
or download in any way, and you must not use any illustrations, photographs,
video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by any other users are those of the
respective authors or distributors and not of us.

“Vampr IP” means the Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Vampr, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Vampr name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans used on this Service are the trademarks of their respective owners.

Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not
owned or controlled by Vampr Inc.

Vampr Inc has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party web sites or services. You further acknowledge and agree that Vampr 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 web sites or services.

We only provide links to external websites as a convenience, and the inclusion of
such a link to external websites do not imply our endorsement of those websites.
You acknowledge and agree that when you access other websites on the Internet,
you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of
any third-party web sites or services that you visit.

Termination
We may terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you breach
the Terms.
Upon termination, your right to use the Service will immediately cease. 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.

We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us in
connection therewith.

If applicable law requires us to provide notice of termination or cancellation,
we may give prior or subsequent notice by posting it on the Service or by
sending a communication to any address (email or otherwise) that we have for you
in our records.

Indemnification
As a condition of your access to and use of the Service, you agree to indemnify
us and our successors and assigns for all damages, costs, expenses and other
liabilities, including but not limited to legal fees and expenses, relating to
any claim arising out of or related to your access to and use of the Service or
your breach of these Terms and any applicable law or the rights of another
person or party.

This indemnification section survives the expiration of your registration, and
applies to claims arising both before and after the registration ends.

Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of
using the Service, copying, distributing, or downloading Content from the
Service.

In no event shall we be liable for any indirect, punitive, special, incidental or
consequential damage (including loss of business, revenue, profits, use,
privacy, data, goodwill or other economic advantage) however it arises, whether
for breach of contract or in tort, even if it has been previously advised of the
possibility of such damage.

You have sole responsibility for adequate security protection and backup of data
and/or equipment used in connection with your usage of the Service and will not
make a claim against for lost data, re-run time, inaccurate instruction, work
delays or lost profits resulting from the use of the Service. You must not
assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you
exceed, in total, the amounts paid by you to us.

Disclaimer
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.

Vampr Inc its subsidiaries, affiliates, assigns and its
licensors do not warrant that a) the Service will function uninterrupted, be
secure or available at any particular time or location; b) any errors or defects
will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.

This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft,
or destruction or unauthorised access or, alteration of or use of record in
connection with the use or operation of the Service, whether for breach of
contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about
the completeness, accuracy, reliability, suitability or availability with
respect to the content contained on the Service for any purpose. Any reliance
you place on such information is therefore strictly at your own risk. We
disclaim any express or implied warranty representation or guarantee as to the
effectiveness or profitability of the Service or that the operation of our
Service will be uninterrupted or error-free. We are not liable for the
consequences of any interruptions or error in the Service.

Exclusions
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.

Governing Law
These Terms shall be governed and construed in accordance with the laws of
California, USA, without regard to its conflict of law provisions.

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 between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will try to provide at least 30 days’
notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes.
If you do not agree with any of the changes to these Terms, it is your sole
responsibility to stop using the Service. Your continued use of the Service will
be deemed as your acceptance thereof.

Privacy Policy
We comply with the National Privacy Principles under the Privacy Act 1988 (Cth).
If you have any queries about privacy matters, please contact us. To view our
Privacy Policy, click here.

Contact Us
If you have any questions about these Terms, please contact us at support@vampr.me.