Acceptance Of Terms
We’re excited that you have decided to access the villij.com website (the “Website”), our Facebook and/or our other social media plugins (the “Social Media Plugins”), and/ or our mobile applications (the “Mobile Apps,” and collectively with the Social Media Plugins and the Website, the “Service”). The terms “we,” “us,” “our,” and “Villij” refer to Which Ventures, Inc, the company that owns and operates the Villij Website.
THIS WEBSITE DOES NOT PROVIDE ADVICE. The Website and the Service are provided for informational purposes only. Other Registered Users may refer a Service Provider to you through the Service, but Villij is not a referral service, and does not recommend or endorse any specific Service Providers, tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on the Website and the Service is solely at your own risk.
Description Of The Service
Villij provides Visitors and Registered Users with access to the Website as described in this Agreement.
Visitors. Visitors, as the term implies, are people who don’t register with us, but want to see what the Service is all about. No login is required for Visitors. Visitors can (a) view all publicly-accessible content, (b) search for Service Providers, (c) review information about Service Providers, such as contact information, professional affiliations, education, etc., and (c) e-mail us.
Registered Users. Login is required for all Registered User services. Registered Users can do all the things that Visitors can do, and also (a) access recommendations from other Registered Users, (b) make recommendations, (c) request friends to register for the Service, (c) sign up for promotions and sweepstakes and (d) blog about their experiences.
Registered Service Providers. Registered Service Professionals are service providing businesses. Registered Service Professionals can do all the things that Visitors can do and they can also submit requests to update and enhance their profiles.
Villij is under no obligation to accept any individual as a Registered User or a Registered Service Provider, and may accept or reject any registration in its sole and complete discretion.
Also, in order to use the Service via our Mobile Apps, Registered Users and Registered Service Providers hereby consent to: (a) the use of their Mobile Device’s Geolocational Information to provide the Service; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from their usage of the Service.
Sign-in Name; Password; Unique Identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign- In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform Villij of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. Villij reserves the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Villij will not be liable for any loss or damage caused by any unauthorized use of your account.
The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Villij (collectively referred to as the “Villij Content”). The Villij Content may be owned by us or by third parties. The Villij Content is protected under both United States and foreign laws. Unauthorized use of the Villij Content may violate copyright, trademark, and other laws. We give you permission to use the aforementioned content for personal, non- commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website or the Service. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. You must retain all copyright and other proprietary notices contained in the original Villij Content on any copy you make of the Villij Content.
The trademarks, service marks, and logos of Villij (the Villij Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Which Ventures, Inc. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Villij Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Villij Trademarks inures to Villij’s benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Villij Content for this Website may be retransmitted without our express, written consent for each and every instance.
Communications To Villij; Participation Disclaimer
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e- mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
Villij does not and cannot review all communications and materials posted to or created by users accessing the Website (hereinafter, "User Generated Content"), and is not in any manner responsible for the content of the User Generated Content. Remember that the User Generated Content is simply opinion and should not be relied on. You acknowledge that by providing you with the ability to view and distribute User Generated Content on the Website, Villij is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Villij reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Villij in its sole discretion.
You retain all copyrights and other intellectual property rights in and to anything you post to the Service, including User Generated Content, text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty- free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose, and the right, but not the obligation, to use any such material, including, without limitation, your name, image, likeness, photograph, and Sign-In Name to advertise and promote the Service and/or Villij.
No Warranties/limitation Of Liability
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE WEBSITE OR THE SERVICE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE WEBSITE’S CONTENT, AND THE SERVICE AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, ITS CONTENT, OR THE SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT, OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE, ITS CONTENT, AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OR THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WEBSITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. VILLIJ IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. VILLIJ RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Villij Content, the Website, or the Service. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Digital Millennium Copyright Act
Villij respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove User Generated Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:Name: Which Ventures, Inc
Address: 30 West 18th Street, Office Suite M5, New York, NY 10011
Tel: (646) 568-6331
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Compliance With Applicable Laws
Termination Of The Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. You may terminate your Villij account at any time by contacting firstname.lastname@example.org, if you are a Registered User. If you are a Registered Service Provider you may terminate your account through the "Account Settings" tab on your account and in accordance with the Service Provider Agreement.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Villij,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2012 Which Ventures, Inc. All rights reserved.