VodoModo Terms of Service
By accessing, browsing, crawling, scraping or in any way using the VodoModo websites located at www.VodoModo.com, m.VodoModo.com, the VodoModo iphone application and other VodoModo smartphone applications collectively, the "VodoModo Sites"), you agree to these Terms of Service, the privacy policy posted at http://www.VodoModo.com/privacy.html (the "Privacy Policy"), and any other guidelines, rules, and additional terms referenced herein (collectively the "Terms of Service"). Please read the Terms of Service carefully. Your access to or use of VodoModo Sites constitutes your acceptance of the Terms of Service. If you are unwilling to be bound by the Terms of Service, do not access or use VodoModo Sites.
1. Definitions.
A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses VodoModo Sites, including but not limited to you and others who may read or write reviews about local businesses listed on VodoModo Sites. The "Services" means the services and functionality made available to Users on VodoModo Sites. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content" means Content that you submit, post, or transmit to, or using, VodoModo Sites, including but not limited to the ratings, reviews, compliments, information, travel log text that you display as part of your MYVODO account profile, invitations, travel log text or other commentary that you may submit, post, or transmit to, or using, VodoModo Sites. Your Content does not include personally identifiable information that you submit when creating an account on VodoModo Sites. "User Content" means the Content that any User of VodoModo Sites may submit, post, or transmit to, or using, VodoModo Sites, including but not limited to Your Content. "VodoModo Content" means Content that is created by VodoModo.com, LLC ("VodoModo") and made available on VodoModo Sites. "VodoModo Paid Content Services" mean mini-movie video media files and audio narrative media files that are created by VodoModo.com, LLC ("VodoModo") and made available on VodoModo Sites to Users who purchase credits to view the mini-movies or audio narratives. "Third Party Content" means Content that is made available on VodoModo Sites by parties other than VodoModo or the Users, including but not limited to data providers who license data to VodoModo for use on VodoModo Sites. "Site Content" means all of the Content that is made available on VodoModo Sites, including Your Content, User Content, Third Party Content, VodoModo Paid Content Services and VodoModo Content. "Landmark" means a building or other place that is of outstanding historical, aesthetic, or cultural importance.
2. Eligibility.
You must be at least 18 years old to use the Services . In addition, you may not use the Services or accept the Terms of Service if (i) you are not of legal age to form a binding contract, or (ii) you are prohibited by law from receiving or using the Services. By accessing or using VodoModo Sites, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use VodoModo Sites on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service.
3. Changes to the Terms of Service or VodoModo Sites.
The Terms of Service may be modified by VodoModo at any time without prior notice. Any such modification will be effective upon VodoModo's posting of new Terms of Service. When these changes are made, VodoModo will post the changes to the Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of VodoModo Sites after any modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by VodoModo, any new Services or Site Content implemented after your initial access to VodoModo Sites shall be subject to the Terms of Service.
4. User Accounts.
1. To access or use some of the Services, you may be required to register on VodoModo Sites by creating an account and providing information about yourself to VodoModo. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with VodoModo Sites, and are solely responsible for all activities that occur in connection with your account. You agree to notify VodoModo immediately of any unauthorized use of your account. VodoModo reserves the right to close your account at any time for any or no reason. There are two types of accounts: In no event shall Vodo Modo be responsible for unauthorized use of or access to your user account.
2. A "Personal Account" is an account for your personal, non-commercial use only, and may be used (among other things) to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, travel log text and other types of User Content. In creating or updating a Personal Account, you are encouraged to provide complete and accurate information about yourself in order to bolster your credibility as a contributor to VodoModo Sites, though you may instead choose not to provide information that makes you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address that is not your own, or create multiple Personal Accounts.
3. A "What's Nearby Business Account" is an account for use on VodoModo Sites as a representative of a business that is listed on VodoModo Sites. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple What's Nearby Business Accounts for the same business. Any violation of the foregoing is unlawful.
5. Use of VodoModo Sites.
1. Subject to the restrictions set forth herein, VodoModo grants you permission to access and use the Services, including but not limited to the ability to: (a) search for and view 30 second sneak peek videos, (b) search and view city tours videos, (c) search and view landmark mini-movies and audio narratives, (d) local What's Nearby business and services, (e) read, write, and share reviews about local businesses, (f) announce local events, (g) post messages on talk boards, (h) send messages to other Users, and (i) invite people you know to register with VodoModo. More broadly speaking, VodoModo Sites allows Users select and watch travel videos on WEB, WAP, mobile or mobile application platforms and to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, travel log text and other types of User Content.
2. You will be exposed to VodoModo Content, User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. VodoModo does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations, or advice expressed therein.
6. Restrictions on Use.
You agree that you will not (and will not permit others to):
1. take any action to download, capture, scrape or record any VodoModo Content from the use VodoModo Sites; 2. use VodoModo Sites to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; 3. use VodoModo Sites for promotional or commercial purposes, unless expressly allowed to do so by VodoModo; 4. use VodoModo Sites in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews; 5. use VodoModo Sites to promote bigotry or discrimination against protected classes; 6. use VodoModo Sites to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 7. use VodoModo Sites to transmit or post illegal materials, including material that is pornographic or obscene; 8. use VodoModo Sites in connection with the solicitation of personal information from minors; 9. use VodoModo Sites in violation of the Terms of Service or any applicable local, state, national or international law; 10. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit VodoModo Sites, the Services, or any of VodoModo Sites Content (other than Your Content), except as expressly authorized by VodoModo; 11. reverse engineer any portion of VodoModo Sites; 12. remove any copyright, trademark or other proprietary rights notices contained on VodoModo Sites or in any Site Content; 13. collect or record information about Users; 14. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from VodoModo Sites; 15. access, retrieve or index any portion of VodoModo Sites for purposes of constructing or populating a searchable database of business reviews; 16. reformat or frame any portion of VodoModo Sites; 17. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on VodoModo's technology infrastructure; or 18. attempt to gain unauthorized access to VodoModo Sites, User accounts, computer systems or networks connected to VodoModo Sites through hacking, password mining or any other means; use VodoModo Sites or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of VodoModo Sites, or otherwise attempt to interfere with the proper working of VodoModo Sites; use VodoModo Sites to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, VodoModo Sites or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of VodoModo Sites, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of VodoModo Sites.
7. Licenses.
1. You hereby grant VodoModo and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of VodoModo Sites (and derivative works thereof) in any media formats and through any media channels now known or later developed. 2. You also hereby grant Users and users of any media channels now known or later developed a non-exclusive license to access, use, reproduce, distribute, display, and perform Your Content for their personal, noncommercial use in connection with their use of VodoModo Sites and any any media channels now known or later developed, as expressly permitted by the functionality of VodoModo Sites and any applicable media channels now known or later developed, and the Terms of Service and terms of use of any applicable media channels now known or later developed. 3. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
8. Responsibility for Your Content.
1. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize VodoModo to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by VodoModo. 2. Because you alone are responsible for Your Content (and not VodoModo), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. VodoModo reserves the right at any time to remove Your Content from the Site.
9. Use of Your Content.
1. VodoModo makes no representations that it will publish or otherwise use Your Content in any way. VodoModo may or may not use Your Content in its sole discretion. You understand that VodoModo does not guarantee any confidentiality with respect to Your Content. VodoModo has no obligation to store or provide you with copies of Your Content.
2. VodoModo reserves the right (but has no obligation) to remove or suppress User Content from VodoModo Sites at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that VodoModo deems untrustworthy or in violation of the Terms of Service or guidelines for reviews or photos.
3. VodoModo and its licensees may display advertisements and other information adjacent to or included with Your Content on VodoModo Sites and any media channels now known or later developed. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
10. Purchasing Credits
Access to VodoModo Paid Content Services may be provided to you as a one-time purchase or as a monthly membership subscription. Under a monthly subscription services will be provided for the period agreed to by you and will continue to renew for additional terms of same length on the same billing terms until canceled, terminated or discontinued by you or by us.
A. Credit Definition and Usage. Three credits gives you the ability to play a complete VodoModo mini-movie or audio narrative on single landmark site (i.e. Lincoln Memorial) with up to 6 views which is 3 views on your desktop PC and 3 separate views on your smart-phone for the same landmark site - whether those views are a mini-movie or an audio narrative. A VIEW occurs whenever you start to watch a mini-movie or listen to an audio narrative.
i. Landmark site mini-movies can be viewed (watched) at VodoModo.com on your desktop PC and on your smart-phone. ii. Landmark site audio narratives can only be viewed (listened to) on your smart-phone.
Starting a mini-movie or audio narrative occurs when you click on a link (i.e. "Fast", "Slow, "watch...Tour", etc.) to open the mini-movie or audio narrative in a media player. If you click "Watch Lincoln Memorial Tour" to watch the Lincoln Memorial mini-movie at VodoModo.com on your desktop PC that counts as one View on your desktop PC. If you then click "Fast" to watch the Lincoln Memoral mini-movie on your smart-phone that counts as a separate View on your smart-phone. If you stop the mini-movie tour of the Lincoln Memorial on your smart-phone and then click "Fast" to listen to the audio narrative of the Lincoln Memorial tour on your smart-phone, this click is a second View on your smart-phone. If 3 days later, you click "Fast" to watch the Lincoln Memoral mini-movie on your smart-phone again that counts as the third View on your smart-phone. To watch the Lincoln Memoral mini-movie on your smart-phone again, for a fourth time, you would have to purchase more credits. If you start a movie or audio narrative, stop it, exit the media player and start again, you use a 3 new credits.
B. One-Time Purchases. One-time purchases grant you the permission to access and use a maximum number of credits to play landmark mini-movies or audio narratives with a maximum number of views according to credit usage rules - each on your desktop PC and/or separately on a smart-phone. When the maximum number of credits is reached your permission to access and play landmark mini-movies or audio narratives ceases. To access and play additional VodoModo Paid Content Services, you must purchase additional One-Time Purchase(s) or Monthly Membership(s).
C. Monthly Memberships. Monthly memberships grant you the permission to access and use a maximum number of credits to play landmark mini-movies or audio narratives with a maximum number of views on your desktop PC or smart-phone. When the maximum number of credits is reached your permission to access and play landmark mini-movies or audio narratives ceases. To access and play additional VodoModo Paid Content Services, you must purchase another One-Time Purchase or Monthly Membership. Your monthly VodoModo membership will continue in effect and automatically renew unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
D. Automatic Renewal: Your monthly VodoModo membership will continue and automatically renewal on a month-to month basis unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by you or by us, or you select a different Plan. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of renewal.
E. Mini-Movies and Audio Narratives Play on Your Smartphone. By making a one-time purchase or subscribing to a monthly VodoModo membership subscription you are confirming that you have watched the Free Tour and in doing so verify that the VodoModo mini-movies and audio narratives successfully play and stream on your smart-phone. As such, you waive your right to a refund because if the mini-movies and audio narratives do not play it is a function of connection speed and has nothing to do with VodoModo or its servers.
F. Unused Credits. You can view a count of your existing credits by logging in at VodoModo.com on your desktop and clicking on MYVODO to view your profile. This count displays the number of credits that you have. Each view reduces your number of credits by three. Any unused credits for a given month carry over to the following month.
G. Gifting Unused Credits. You can also gift unused credits to friends and family members. See the link on your MY VODO page to do so. Gifting is essentially assigning your credits to someone else. The number of credits you gift would debit your available credits the same amount.
H. Automatic Renewal. The terms of monthly membership automatically renew for the same term unless you call us to cancel your service before the end of your current service term. The renewal begins on the day after the last day of your term.
I. Billing. By starting your monthly VodoModo membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the VodoModo Paid Content Services to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan and changes in the amount of applicable sales tax and you authorize us to charge your Payment Method for such varying amounts. All fees and charges are nonrefundable and there are no refunds for unused credits. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by ...(Billing Revolution instructions). If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
J. Cancellation. You may cancel your monthly VodoModo membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNUSED CREDITS. To cancel, click the words "Cancel Membership" on the "MY VODO" page and follow the instructions for cancellation under the heading "Cancel Membership." We reserve the right to cancel your monthly membership subscription at any time if you fail to pay amounts owing to us when due, violate or breach any of these Terms, or for any other reason in our sole discretion. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
K. Changes in Fees. Our fees and other charges are subject to change without notice.
L. Payments. All payments must be made in U.S. dollars. We do not accept recurring payment plans from cards issued by Canadian Card Issuers nor any GIFT cards issued by Visa, MasterCard, American Express or Discover. These types of cards may only be used for one-time payments to us.
M. Taxes. You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the Service address on your account.
N. Fees. We will charge you one or more of the following fees, all of which are subject to change without notice: Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee that is the lesser of (i) $20.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount permitted under applicable law. You acknowledge that this fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment.
11. Copyright Dispute Policy.
VodoModo has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of VodoModo's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is VodoModo's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those who VodoModo determines to be "repeat infringers".
INTELLECTUAL PROPERTY COMPLAINTS
VodoModo and its affiliates respect the intellectual property of others and has taken steps to ensure that all of its content is original to VodoModo or its affiliates, properly licensed from content providers or in the public domain. If you believe that any VodoModo content, or portion of VodoModo content, infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VodoModo's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying VodoModo and its affiliates that your copyrighted material has been infringed.
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on VodoModo Sites; (4) your address, telephone number, and e-mail address; (5) 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; (6) 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.
VodoModo's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Steven Radlinger VodoModo.com, LLC 5102 Odana Rd. Madison, WI 53711 steve@vodomodo.com Office: 414-732-1297 Fax: 866-708-3112
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to.
12. Unauthorized Access.
VodoModo reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of VodoModo Sites, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
13. Investigations.
VodoModo, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If VodoModo becomes aware of any possible violations by you of the Terms of Service or any law or third party right, VodoModo reserves the right to investigate such violations. If, as a result of such investigation, VodoModo believes that criminal activity has occurred, VodoModo reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, VodoModo is entitled to disclose any information or Site Content, including Your Content, in VodoModo's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that Your Content violates the Terms of Service or any law or third party right, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of VodoModo, its Users or the public, and law enforcement or other government officials, as VodoModo in its sole discretion believes to be necessary or appropriate.
14. Termination
1. VodoModo reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use VodoModo Sites, in whole or in part, at VodoModo's sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including Your Content; and (iii) barring of further use of the Services. You agree that VodoModo shall not be liable to you or any third party for any termination of your account, or access to VodoModo Sites, Services and Materials, including Your Content.
2. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of VodoModo Sites, and providing VodoModo with a notice of termination here.
3. The Terms of Service will continue to apply until terminated by either you or VodoModo. Sections 7, 9, 10, 12, 13, 14, 15, 16, 17, 18 and 20 shall survive any termination of this Agreement.
15. Feedback.
1. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our contact us page. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Yelp in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
2. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
16. Ownership.
VodoModo owns the VodoModo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of VodoModo Sites excluding User Content and Third Party Content. VodoModo also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated with the VodoModo Content and VodoModo Sites, which are protected by United States copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the VodoModo Content in whole or in part except as expressly authorized by VodoModo. Except as expressly and unambiguously provided herein, VodoModo does not grant you any express or implied rights, and all rights in and to VodoModo Sites and the VodoModo Content are retained by VodoModo.
17. Warranties, Disclaimers, and Limitations of Liability.
1. vODOMODO SITES AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. VODOMODO.COM, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF VODOMODO SITES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF VODOMODO SITES CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON VODOMODO SITES, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH VODOMODO SITES OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON VODOMODO SITES. VODOMODO.COM, LLC FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM VODOMODO.COM, LLC OR VODOMODO SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
2. VODOMODO.COM, LLC SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF VODOMODO SITES, SERVICES, AND SITE CONTENT. ACCESS TO, AND USE OF, VODOMODO SITES, SERVICES, AND SITE CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. VODOMODO.COM, LLC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM OR THROUGH VODOMODO.COM, LLC OR IN CONNECTION WITH THE SERVICES.
3. YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON VODOMODO.COM, LLC, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. VODOMODO.COM, LLC IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. VODOMODO.COM, LLC RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
18. Limitation on Liability.
WITHOUT LIMITING THE FOREGOING, VODOMODO.COM, LLC WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VODOMODO.COM, LLC'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO VODOMODO.COM, LLC IN CONNECTION WITH VODOMODO SITES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
19. Indemnity.
You agree to indemnify and hold VodoModo.com, LLC its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of VodoModo Sites or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. VodoModo.com, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of VodoModo. VodoModo.com, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
20. Third Parties.
1. VodoModo Sites Content may include links to other websites (the "Third Party Sites"). VodoModo does not control or endorse any Third Party Site, and you agree that VodoModo is not responsible for the availability or contents of any Third Party Site.
2. VodoModo Sites's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
21. Miscellaneous.
1. If there is any dispute about or involving VodoModo Sites or VodoModo, you agree that any such dispute will be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Dane County, Wisconsin.
2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind VodoModo in any respect whatsoever.
3. VodoModo may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on VodoModo Sites.
4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. 5. The Terms of Service contain the entire agreement between you and VodoModo regarding the use of VodoModo Sites, and supersede any prior agreement between you and VodoModo on such subject matter.
6. The failure of VodoModo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. 8. The Terms of Service are not assignable, transferable or sublicensable by you except with VodoModo's prior written consent, but may be assigned or transferred by VodoModo without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. 9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
22. Contact and Violations.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department through the contacts page here.
23. Marks.
VodoModo and the VodoModo logo are proprietary service marks of VodoModo.com, LLC