TERMS OF USE FOR Proboscis, Inc. d/b/a VAMONDE SERVICES
last updated March 29th 2019
1. INTRODUCTION
1.1 Agreement
You agree that by registering, accessing or using our Services (as defined below), you are
entering a legally binding agreement with Proboscis, Inc. (the "Company", "we", "us," or
"our", including its subsidiaries). If you do not agree to the following terms, do not
access or otherwise use any of our Services.
The terms of this agreement include these Terms of Use, our privacy policy, and our Cookie
Policy (collectively, the "Agreement").
THESE TERMS OF USE ALSO INCLUDE A PROVISION FOR RESOLUTION OF DISPUTES
BY ARBITRATION INSTEAD OF IN COURT.
1.2 Services
The Services means sites, products, or other offerings we provide, including but not limited to:
Account pages, sites, accounts or channels accessible through any Internet or wireless
enabled device (each, a "Website");
Mobile applications;
Company online platforms and related offerings, including the Vamonde Platform; and
Websites, pages or apps created or powered by the Proboscis, Inc. Vamonde service
(a “Vamonde powered Site").
This Agreement applies to all Content Creators and Visitors ( "Users").
By using or accessing the Services in any manner, you or the entity you represent ("you," or
"your") agree that you have read and agree to be bound by this Agreement to the exclusion of
all other terms. If you do not agree to all the terms and conditions of this Agreement (and third
party terms, such as YouTube's Terms of Service, where applicable), you have no right to use
and should not use the Services.
1.3 Modifications
We may modify this Agreement from time to time. If we make material changes to it, we will
provide you with the opportunity to review the changes before they become effective. If you
object to any changes, you may close your account or discontinue use of the Services. Your
continued use of our Services after we publish or send a notice about our changes to these
terms means that you are consenting to the updated terms.
2. OBLIGATIONS
2.1 Access to the Services
The Services are owned and operated by the Company. We may change, suspend or
discontinue the Services at any time, including the availability of any feature, database, or
Content (as defined below). We may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or liability.
Depending on which Services you use, you may be subject to additional terms set forth in
Section 4 below ("Additional Terms"). The Additional Terms will control in the event of any
conflict with the rest of this Agreement.
2.2 Service Eligibility
You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are
only permitted to use our Services through an account owned by a parent or legal guardian
with their appropriate permission and under their Vamonde supervision. Children under 13 are
not permitted to use the Services. Creating an account with false information is a violation of
our terms, including accounts registered on behalf of others or persons under the age of 13.
This Agreement is void where prohibited by law, and the right to access the Services is
revoked in such jurisdictions.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or
knowingly allow such persons to register for the Services. If you are under 13, please do not
attempt to register for the Services or send any information about yourself to us, including your
name, address, telephone number, or email address. In the event that we learn that we have
collected personal information from a child under age 13 without verification of parental
consent, we will delete that information as quickly as possible. If you believe that we might
have any information from or about a child under 13, please contact us at
privacy@Proboscis.com.
2.3 Your Account
When you register and join an applicable Service offered by the Company, you become an
account holders. You agree to: (i) try to choose a strong and secure password; (ii) keep your
password secure and confidential; (iii) not transfer your account to any third party or person;
and (iv) follow the law and our list of Dos and Don'ts. You are responsible for anything that
happens through your account unless you close it or report misuse.
2.4 Fees, Billing, and Payment
Subscription Fees / Purchases
The Company may offer Services to be paid for on a recurring basis ("Subscription Services")
or on an as-purchased basis ("Purchase" and, together with the Subscription Services, "Paid
Services"). Subscription Services may subject you to automatically renewing terms. By signing
up for a Subscription Service, including after any free trial period, you agree to pay us the
subscription fee and any applicable taxes as set forth in your account settings or as otherwise
agreed in writing ("Subscription Fee"). By making a Purchase, you agree to pay the fees and
any taxes incurred at the time of purchase ("Purchase Fees" and, together with Subscription
Fees, the "Paid Service Fees”). Paid Service Fees may be paid by debit card or credit card.
You may only use credit or debit cards that belong to you or to people who expressly authorize
you to use such payment methods. If you link a debit or credit card to your account, you
authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your
linked credit card. You will pay all charges incurred by you or any users of your account and
credit card (or other applicable payment mechanism) at the price(s) in effect when such
charges are incurred, including any applicable taxes. Minors may not make purchases unless
they have appropriate permission and are under the supervision of their parent or legal
guardian who owns the account. All financial/billing information on the account, such as a
credit card, must be that of the parent or legal guardian responsible for the account.
Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be
charged on the 1st of every month until cancelled. You may cancel a Subscription Service by
notifying us via email or users may cancel from your account settings in the mobile application.
If you cancel a Subscription Service, you will continue to have access to that Subscription
Service through the end of your then current billing period, but you will not be entitled to a
refund or credit for any Subscription Fee already due or paid. We reserve the right to change
our Subscription Fee upon thirty (30) days' advance notice. Your continued use of Subscription
Services after notice of a change to our Subscription Fee will constitute your agreement to
such changes. If the Company terminates your membership in accordance with Section 12
below, you shall not be entitled to the refund of any unused portion of Subscription Fees.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or
email addresses to conduct transactions on the Service. We are not liable if you do not comply
with laws related to your transactions. We may provide law enforcement with information you
provide to us related to your transactions to assist in any investigation. If we are unable to verify
or authenticate any information you provide during any registration, ordering, purchase,
authentication, delivery, payment or remittance process, or any other process, or if we are no
longer able to verify or authorize your credit card or bank account information, your purchase
may be cancelled, we may refuse to honor all pending and future purchases made with those
credit card or bank accounts and/or via any online accounts associated with those credit card
or bank accounts. We may also prohibit you from using the Services.
Terms Applicable For Proboscis, Inc. Brand Campaigns
2.5 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the
applicable Service or (2) sent to the contact information you provided us (e.g. email, phone
number, physical address). You agree to keep your contact information up to date.
Please review your applicable settings and/or email preferences to control and limit messages
you receive from us.
3. WEBSITE, SERVICES AND CONTENT
Use of the Vamonde Platform.!User agrees to access and use the Vamonde Platform solely in
compliance with (i) all applicable laws, rules and regulations and (ii) any guidelines, rules or
policies of Proboscis of which Proboscis may notify User from time to time (collectively,
“Guidelines”). User shall not: (a) transfer, rent, sell, distribute, lease, loan, lend or sublicense
the Vamonde Platform; (b) copy the Vamonde Platform; (c) as applicable, modify, create
derivative works based on, reverse engineer, decompile, translate or disassemble the
Vamonde Platform; (d) attempt to discover the source code of the Vamonde Platform; (e)
attempt to circumvent, disable or interfere with any security features or functionality of the
Vamonde Platform; or (f) use the Vamonde Platform for any illegal purpose, in violation of any
applicable laws or regulations, or in violation of any Guidelines. In addition, User may not use
the Vamonde Platform in any manner that may impair, overburden, damage, disable or
otherwise compromise the Vamonde Platform or any other person's use or enjoyment of the
Vamonde Platform.
Inherent Risks.!Using the Vamonde Platform while moving may distract User from paying full
attention to User's surroundings. Failing to be aware of risks and hazards in the environment
may result in death, bodily injury and/or property damage. Accordingly, User should utilize the
Vamonde Platform only in safe locations, and when creating any Adventures or otherwise using
the Vamonde Platform, User should at all times be mindful of User's surroundings, including
(but not limited to) traffic signals, road signs, guardrails, train crossing signals, weather
conditions and the condition of walkways.
The Services, and their Content (as defined below) are intended solely for use by Users of the
Services and may only be used in accordance with the terms of this Agreement. All materials
displayed or performed on the Website or through the Services (including, but not limited to
videos, text, graphics, articles, photographs, images, illustrations, and User Submissions (as
defined below) (collectively, the "Content") are protected by copyright, pursuant to U.S.
copyright laws, international conventions, and other copyright laws. You shall abide by all
copyright notices, trademark rules, information, and restrictions contained therein, and shall
not use, copy, reproduce, link to, modify, translate, publish, broadcast, transmit, distribute,
perform, upload, display, license, sell or otherwise exploit any of the foregoing for any
purposes whatsoever: (i) without the express prior written consent of the respective owners,
and (ii) in any way that violates any third party right.
The Company reserves all of its intellectual property rights in the Website and Services. Using
the Website and Services does not give you any ownership therein. Trademarks and logos
used on and in connection with the Website and Services are the trademarks of their
respective owners.Proboscis, Inc., and other Company trademarks, service marks, graphics,
and logos used for our Website and Services are trademarks or registered trademarks of the
Company.
3.1 Your Content
Content.!
All content created by User is required to meet any and all technical requirements and content
restrictions provided to User by Proboscis, as such requirements and/or restrictions may be
revised from time to time, with or without notice to User. Proboscis shall use commercially
reasonable efforts to provide to User any assistance reasonably requested by User to update
any Content to meet modified technical requirements. Notwithstanding the foregoing, unless
otherwise expressly agreed in writing by User and Proboscis User shall be responsible, at
User's own expense, for all design, development and maintenance of any Content.
User Submissions
Except as otherwise expressly provided herein, as between Proboscis and User, User shall
own all rights, title and interest in and to all information, text, graphics, scripts, photos, sounds,
videos, trademarks, service marks and other materials of any form comprising any and all
Content and Descriptions provided by User hereunder (collectively, “Content”). As between
Proboscis and User, User shall at all times be solely responsible for all Content, even if
Proboscis provides User any Development Services (as defined below) with respect thereto.
By submitting such Content for use on the Vamonde Platform, User hereby grants to Proboscis
a worldwide, non-exclusive, freely transferable license (i) to test, reproduce, create derivative
works based on, distribute, market, advertise, promote, sell, digitally perform, publicly display,
publish, broadcast, and otherwise use and distribute such Content in connection with the
Vamonde Platform and Proboscis' business, including for purposes of demonstrating,
marketing, advertising and promoting the Vamonde Platform and the Content made available
thereon, in any and all media; and (ii) to permit third party users to access and use, display
and perform the Content via the Vamonde Platform (including, if and to the extent expressly
agreed by User in writing, to incorporate Content into separate Content created by other users)
under this Agreement and any then current Guidelines.
Requirements.
User hereby represents and warrants that User either owns all rights, title and interest to all
Content or otherwise has all licenses, permits, and other authorizations, approvals and
consents necessary to grant the licenses from User set forth above. User further represents
and warrants that no Content does or will contain any information, data or materials that: (i)
infringe or otherwise violate any copyright, patent, trademark, trade secret or other intellectual
property, right of publicity, privacy or other proprietary right; (ii) are defamatory, libelous,
express hate, graphically or gratuitously violent, or are unlawfully threatening; (iii) are
pornographic, sexually explicit, obscene or exploitative of or harmful to any minor; (iv) contain
or embody a virus, worm, Trojan horse or other contaminating or destructive feature; or (v)
otherwise violate any applicable law or regulation or any Guidelines. Furthermore, User shall
not include in any Content any markers in respect of any locations reasonably likely to be
dangerous, hazardous or harmful to any user, or to any property of any individual or entity, or to
promote, facilitate or result in the User engaging in any illegal activity. User further
acknowledges that Proboscis is providing no guarantee of confidentiality or security with
respect to any Content, and thus User should presume that any and all content may be
accessible by others.
Removal.!
Proboscis shall have no obligation under this Agreement to review or monitor any Content or
any uses thereof via the Vamonde Platform. Nonetheless, Proboscis may, in its sole and
reasonable discretion, refuse or remove, with or without notice to User, any Content for any
reason, including in the event Proboscis reasonably believes, or is notified by a third party that,
such Content infringes or otherwise violates any intellectual property, privacy or other
proprietary right of any individual or entity, or otherwise violates the terms of this Agreement.
You also grant each User of the Services, as well any applicable Account Administrator (as
defined below), a non-exclusive license to access your User Submissions through the
Services, and to view, use, modify, reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through the functionality of the Services and
under this Agreement.
You waive any and all rights of privacy, publicity, or any other similar rights of a similar nature in
connection with your User Submissions, or any portion thereof, including, without limitation,
your name, likeness, voice, image, and persona or any advertising or publicity relating thereto.
To the extent any moral rights are not transferable or assignable, you hereby waive and agree
never to assert any and all moral rights, or to support, maintain or permit any action based on
any moral rights that you may have in or with respect to any User Submissions. You expressly
release Company and all of Company's agents, partners, subsidiaries, affiliates, licensees,
successors, and assigns from any and all claims, demands, liabilities, and causes of action,
whether now known or unknown, for defamation, copyright infringement, violation of moral
rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or
based upon or relating to the use of your User Submissions. Notwithstanding the preceding
sentences of this Section, you should let us know immediately if you object to any uses of your
User Submissions on or through the Services or in the promotion of the Services.
The rights granted in this Section include, but are not limited to, the right to use your name,
image, voice, likeness, and any photographs or artwork made available by or on your behalf
through the Services in connection with advertising, marketing, or promoting you, your User
Submissions, Company, or the Services. You waive any rights to prior inspection or approval of
any marketing or promotional materials related to such User Submissions.
If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the
elements of the User Submissions you intend to upload or transmit to or through the Services,
then you must not upload the User Submissions to or through the Services. Company reserves
the right to demand confirmation from you in writing of all authorizations, licenses, permissions,
and consents obtained by you (if any) with respect to any third-party materials embodied in
User Submissions. If you fail to provide Company with such confirmation upon request, we
reserve the right to remove or deny access to any or all of your User Submissions and to
suspend or terminate your account with Company. We will have no liability to you for any
actions taken by us pursuant to this Section.
You agree that you won't post User Submissions that violates, or otherwise use the Services in
ways that violate, our Dos and Don'ts.
Content Development and Professional Services.
Proboscis shall provide or sell to User services in designing and developing Content or
marketing Content hereunder as Proboscis and User may agree in writing from time to time
(collectively, “Development Services”). All such Content shall include Content made available
by User. In the event Proboscis additionally incorporates into any such Content any Proboscis
Tools, Proboscis hereby grants to User a non-exclusive right and license to use such Proboscis
Tools solely as incorporated in any Vamonde service or platform. As used herein, “Proboscis
Tools” means any software, methodologies, templates, tools, designs and other technology or
works (i) developed or acquired by or on behalf of Proboscis prior to the Effective Date (as
defined below) or (ii) developed or acquired by on or behalf of Proboscis outside the scope of
any Development Services provided hereunder.
Musical Works and Sound Recordings
The rights granted in this Section include, but are not limited to, the right to (i) reproduce audio-
visual content and sound recordings, (ii) make mechanical reproductions of the musical works
embodied in such sound recordings, and (iii) publicly perform sound recordings and videos
(and the musical works embodied therein), and (iv) publicly display any written content
uploaded by you to the Services, all on a royalty-free basis. This means that you are granting
Company the right to use the User Submissions without the obligation to pay any royalties to
any copyright owner (including, without limitation, a publisher, record label or studio), any
performing rights organization (a "PRO", which term includes, without limitation, ASCAP, BMI
and SESAC in the United States, and PRS in the United Kingdom), any sound recording PRO
(including, without limitation, SoundExchange, Inc.), any unions or guilds (including, without
limitation, the American Federation of Television and Radio Artists ("AFTRA"), the Screen Actors
Guild ("SAG"), the American Federation of Musicians ("AFM"), or any other engineers,
producers or other participants involved in the creation of User Submissions or any element
thereof.
If you only own the rights in and to a sound recording, but not to the underlying musical works
embodied in such sound recordings, then you must not upload such sound recordings or
videos embodying such sound recordings to or through the Services unless you obtain all
necessary rights, authorizations, and permissions with respect to such embedded musical
works that grant you sufficient rights to comply with this Agreement. For example, cover songs
are not permitted on the Services unless the artist/band has cleared all rights to the song
covered by the artist/band.
If you are a composer or author of a musical work and have affiliated with a PRO, then you
must notify your PRO of the royalty-free licenses granted by you to Company and users of the
Services in this Agreement. Each PRO has different rules with respect to providing notification
for a Vamonde license. You are solely responsible for ensuring your compliance with the
relevant PRO's reporting obligations. If you have assigned your rights to a music publisher,
then you must obtain the consent of such music publisher to grant the royalty-free licenses set
forth in this Agreement or have such music publisher enter into this Agreement with Company.
Please keep in mind that authorship of a musical work (e.g., writing a song) does not mean that
you have the rights necessary to grant Company and users of the Services the licenses set
forth in this Agreement.
User Information
We may access, store, process and use any information and personal data that you provide in
accordance with the terms of the privacy policy and your choices (including settings). You also
agree that your account information will be truthful.!
User Feedback
We may use any reports, comments, and suggestions in any form regarding the Services that
you provide to use (collectively, the "Feedback"). You grant us a worldwide, non-exclusive,
irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in
connection with any products and services.
3.2 Other Users' Content
You understand that all information publicly posted or privately transmitted through the
Services is the sole responsibility of the User from which such Content originated and that
Company will not be liable for any errors or omissions in any Content. You understand that
Company cannot guarantee the identity of any other Users with whom you may interact in the
course of using the Services. Additionally, Company cannot guarantee the authenticity of any
data which Users or merchants may provide about themselves. You acknowledge that all
Content accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in
connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or
otherwise made available via the Services.
3.3 Automated Processing
We will use the information and data that you provide and that we have about Users to make
recommendations for content and features that may be useful to you. Keeping your account
accurate and up-to-date helps us to make these recommendations more accurate and
relevant.
3.4 Availability; Access
We may change, suspend or discontinue any of our Services. We don't promise to store or
keep showing any information and Content that you've posted.
You agree that we have no obligation to store, maintain or provide you a copy of any Content or
information that you or other Users provide, except to the extent required by applicable law
and as noted in our privacy policy.
The Company reserves the right to limit your use of the Services and to restrict, suspend, or
terminate your account if the Company believes that you may be in breach of this Agreement
or law or are misusing the Services (e.g., violating any of the Dos and Don'ts).
3.5 Third Party Services
The Website or Services may link to, allow access to or otherwise incorporate websites,
products or services offered by third parties not owned or controlled by Company or User
Sites, as applicable ("Third Party Services"). When you access Third Party Services, you do so
at your own risk and should make whatever investigation you feel necessary or appropriate
before using such Third Party Service or conducting any transactions thereon. You hereby
represent and warrant that you have read and agree to be bound by all applicable policies of
any Third Party Services relating to your use of the Services ("Third Party Policies") and that you
will act in accordance with those policies, in addition to your obligations under this Agreement.
To the extent there is a conflict between any term in the Third Party Policies and this
Agreement, the term in the Third Party Policies shall take precedence. Company has no control
over, and assumes no responsibility for, the content, services, accuracy, privacy policies, or
practices of or opinions expressed in any Third Party Services. In addition, Company will not
and cannot monitor, verify, censor or edit the content of any Third Party Services. Company
may modify or discontinue your use of, or access to, the Third Party Services, or any content or
services available thereunder, at any time in its sole absolute discretion with or without notice to
you. By using the Services, you expressly relieve and hold harmless Company from any and all
liability arising from your use of any Third Party Services, including without limitation any
damages or losses incurred as a result of any transactions thereon.
Notwithstanding the foregoing, Company may, solely on behalf of certain Third Party Services,
process and facilitate payment to you of any amounts owed to you by such Third Party
Services ("Third Party Services Payments"). By entering into this Agreement, you authorize
Company to process and facilitate the Third Party Services to you. Such payments shall be
made within sixty (60) days after Company receives such Third Party Payments from the
respective Third Party Services. Company will make such payments through the payment
method mutually agreed upon by the parties in writing, or such other payment method as
Company may choose in its reasonable discretion. You acknowledge and agree that Company
shall have no responsibility or liability for failure to facilitate the Third Party Services Payments
to you if such failure is due to the respective Third Party Services' failure to properly remit the
Third Party Payments to Company. In the event your use of, or access to, the Services is
terminated (whether initiated by you or Company), your use of, or access to, the Third Party
Services shall also cease, and Company shall have no responsibility or liability related to
pending Third Party Payments owed to you from the respective Third Party Services. In the
event of such termination, you shall be solely responsible for contacting the respective Third
Party Services to provide updated contact and payment information such that you would
receive such pending Third Party Payments directly from the respective Third Party Services.
Fees.
Fees for Use of Vamonde Platform.!No fees for use of the Vamonde Platform by User under this
Agreement will be charged by Proboscis.
Fees for Development Services.!The Parties shall agree in writing upon any and all fees to be
paid to Proboscis by Company in respect of Development Services (“Development Services
Fees”), and the timing of invoices therefor. Company shall remit payment to Proboscis for all
Development Services Fees within thirty (30) days following Company's receipt of an invoice
therefor;!provided that!Proboscis may, in its sole discretion, offset any such Development
Services Fees against any Royalties owed by Proboscis to Company hereunder.
Royalties.!In the event User desires to charge any other users of any Content, Services,
Tickets, Offerings any fees or ticketing for such use, User will notify Proboscis thereof, together
with the price to be charged other users therefor, and Proboscis shall charge and collect
(whether directly or via a third party payment services User) fees therefor in a manner
consistent with any Guidelines, as applicable. Proboscis shall remit to User a percentage of all
Sales Proceeds in regard to Content or Ticket sales (collectively, “Royalties”). Proboscis shall
pay to User any and all Royalties due User in respect of sales of User's Content each calendar
month during the term of this Agreement, within thirty (30) days following such calendar month.
For purposes of this Agreement, “Sales Proceeds” means the revenues actually received by
Proboscis in regard to sales of any Content, Services, Tickets, Offerings, less (i) any handling
fees or other amounts charged Proboscis by any third party online payment services Users or
others for processing payments for Content, Services, Tickets, Offerings, (ii) any and all taxes
or other charges based on the sales, use or ownership of any Content, whether designated as
a sales or use tax, gross receipts tax, value added tax, personal property tax, or otherwise,
including any such tax in existence as of the Effective Date or created thereafter, (iii) any
chargebacks with respect to any revenues previously received by Proboscis, and (iv) any
refunds with respect to User's Content as Proboscis, in its sole discretion, determines to issue
to any third party users of such Adventures. In the event Proboscis receives any chargebacks
or issues any refunds with respect to User's Content that exceed the Royalties then due,
Proboscis shall invoice User therefor and User shall promptly reimburse Proboscis for such
amounts.
4. ADDITIONAL TERMS
Your use of a certain Service may also be subject to your agreement to certain additional terms
as set forth below.
4.1Proboscis, Inc. d/b/a Vamonde
Description of the Proboscis, Inc. and Vamonde Service
Vamonde is a Software Service that helps third parties grow their digital presence through
content marketing, hosted channels, marketing services, analytics and related tools. If you visit
a Vamonde Page or Channel there may be certain additional terms and conditions applicable
to that specific Vamonde Channel, and those additional terms and conditions will control in the
event of any conflict with this Agreement.
Vamonde Site Administrator – Additional Terms
If you are an authorized administrator of a Proboscis, Inc. Vamonde Account ("Account
Administrator"), you have access to certain features of the Proboscis, Inc. Vamonde Service
that you can use on your Proboscis, Inc. Vamonde Account, including (a) content creation and
hosting,(b) marketing services, and (c) analytics services (collectively, “Vamonde Features").
As an Account Administrator, you are responsible for drafting and administrating the terms and
conditions and privacy policy for your Proboscis, Inc. Vamonde Account in compliance with all
applicable laws and industry-standard requirements, and agree to indemnify us (see Section 9)
for any breaches of this requirement.
Your access to the Vamonde Features may be subject to your payment of fees as agreed to in
a separate written agreement with us. Unless otherwise agreed to by the parties, your fees will
be billed on a monthly basis unless you cancel your account with at least thirty (30) days prior
written notice to us. We may change the fees for your account by giving you advance notice.
You are responsible for ensuring that your billing and contact information is accurate and up-
to-date.
With respect to Vamonde Features that allow you to sell goods and services on your Proboscis,
Inc. Vamonde Account, you acknowledge and agree that (a) we are merely providing the
platform to complete such transactions, (b) payments will be processed through our third party
payment service provider, (c) these payment services are governed solely by the third party
provider's terms of service and privacy policy, and (d) we are not responsible for the actions of
these third party service providers.
If your Proboscis, Inc. Vamonde Account is created on or after May 23, 2016, you grant us a
limited, non-exclusive, worldwide license to (a) cross-promote your Proboscis, Inc. Vamonde
Account with other Proboscis, Inc. Vamonde Accounts, (b) sell advertising in connection with
or adjacent to your Proboscis, Inc. Vamonde Account, and (c) publicly display and/or embed
yourProboscis, Inc. Vamonde Account on our Websites.
5. RESTRICTIONS
You warrant, represent and agree that you will not contribute any Content or otherwise use the
Services in a manner that (i) infringes or violates the intellectual property rights or proprietary
rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law,
statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv)
involves commercial activities and/or sales without Company's prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person
or entity, including without limitation any employee or representative of Company; or (vi)
contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or
program. Company reserves the right to remove any Content from the Services at any time, for
any reason (including, but not limited to, upon receipt of claims or allegations from third parties
or authorities relating to such Content or if Company is concerned that you may have breached
the immediately preceding sentence), or for no reason at all. You, not Company, remain solely
responsible for all Content that you upload, post, email, transmit, or otherwise disseminate
using, or in connection with, the Services, and you warrant that you possess all rights
necessary to provide such content to Company and to grant Company the rights to use such
information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination of your right to access or
use the Services. You may not post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password, account, or private
information from any other user of the Services. Use of the Services to violate the security of
any computer network, crack passwords or security encryption codes, transfer or store illegal
material (including material that may be considered threatening or obscene), or engage in any
kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-
responder, or "spam" on the Services, or any processes that run or are activated while you are
not logged on to the Website, or that otherwise interfere with the proper working of or place an
unreasonable load on the Services' infrastructure. Further, the use of manual or automated
software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website
is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain
the source code of the Services. You will be responsible for withholding, filing, and reporting all
taxes, duties and other governmental assessments associated with your activity in connection
with the Services.
6. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that
Company has no control over, and no duty to take any action regarding: which users gain
access to the Services; what Content you access via the Services; what effects the Content
may have on you; how you may interpret or use the Content; or what actions you may take as a
result of having been exposed to the Content. You release Company from all liability for you
having acquired or not acquired Content through the Services. The Services may contain, or
Vamonde you to websites containing, information that some people may find offensive or
inappropriate. Company makes no representations concerning any content contained in or
accessed through the Services, and Company will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material contained in or accessed
through the Services. Company makes no representations or warranties regarding suggestions
or recommendations of services or products offered or purchased through the Services. THE
SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE
WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE.
7. PRIVACY POLICY
For information regarding Company's treatment of personally identifiable information, please
review Company's current privacy policy, which is hereby incorporated by reference; your
acceptance of this Agreement constitutes your acceptance and agreement to be bound by our
8. ACCOUNT REGISTRATION AND SECURITY
As a condition to using certain Services, you will be required to register with the applicable
Service and select a password and user name ("User ID"). You shall provide Company with
accurate, complete, and updated registration information. Failure to do so shall constitute a
breach of this Agreement, which may result in immediate termination of your account. You may
not (i) select or use as a User ID a name of another person with the intent to impersonate that
person; or (ii) use as a User ID a name subject to any rights of a person other than you without
appropriate authorization. Company reserves the right to refuse registration of or cancel a User
ID in its discretion.
You are entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are solely responsible for any and all activities that occur under your account.
You agree to immediately notify Company of any unauthorized use of your account or any other
breach of security. Company will not be liable for any loss that you may incur as a result of
someone else using your account or password, either with or without your knowledge.
However, you may be held liable for losses incurred by Company or a third party due to
someone else using your account or password. You may not use any account that is registered
to another person at any time without the permission of the account holder and Company.
9. INDEMNITY
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers,
licensors, and employees harmless (including, without limitation, from all damages, liabilities,
settlements, costs and attorneys' fees) from any claim or demand made by any third party due
to or arising out of your access to the Services, use of the Services, your violation of this
Agreement, or the infringement by you or any third party using your account of any intellectual
property or other right of any person or entity.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR
THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR
ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES
PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE
CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY'S
REASONABLE CONTROL.
11. DISPUTES BETWEEN USERS
If you have a dispute with one or more Users of the Services or any Third Party Services, you
agree that the Company is under no obligation to become involved and you hereby release the
Company, its officers, employees, agents, affiliates, representatives and successors from
claims, demands and damages (actual, Vamonde and consequential) of every kind or nature,
known or unknown, suspected or unsuspected, disclosed or undisclosed, foreseeable or
unforeseeable, arising out of or in any way related to such disputes. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his settlement with
the debtor."
12. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may
terminate your use of the Services at any time. Company may terminate or suspend your
access to the Services or your membership at any time, for any reason, and without warning,
which may result in the forfeiture and destruction of all information associated with your
membership. Company may also terminate or suspend any and all Services and access to the
Website immediately, without prior notice or liability, if you breach any of the terms or conditions
of this Agreement. Upon termination of your account, your right to use the Services, access the
Website, and any Content will immediately cease. All provisions of this Agreement which, by
their nature, should survive termination, shall survive termination, including, without limitation,
those relating to payment obligations, ownership provisions, warranty disclaimers, and
limitations of liability.
You can delete your account by emailing support@Vamonde.com.
13. MISCELLANEOUS
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. Company shall not be liable for any failure to
perform its obligations hereunder where such failure results from any cause beyond
Company's reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation (including "line-noise" interference). If any provision of
this Agreement is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in
full force and effect and enforceable. This Agreement is not assignable, transferable or
sublicensable by you except with Company's prior written consent. Company may transfer,
assign or delegate this Agreement and its rights and obligations without consent. Both parties
agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject matter of this
Agreement (provided that if a separate written agreement with respect to Company products or
services exists between you and Company, the terms and conditions of that written agreement
shall take precedence over this Agreement in the event of any conflict), and that all
modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement
and you do not have any authority of any kind to bind Company in any respect whatsoever.
Headings for each section have been included above for your convenience, but such
headings do not have any legal meaning, and may not accurately reflect the content of the
provisions they precede.
14. ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State
of Illinois without regard to the conflict of laws provisions thereof. Any dispute arising from or
relating to the subject matter of this Agreement shall be finally settled by arbitration in Cook
County, Illinois, using the English language in accordance with the Streamlined Arbitration
Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in
effect, by one commercial arbitrator with substantial experience in resolving intellectual
property and commercial contract disputes, who shall be selected from the appropriate list of
JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of
JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or
application may be made to such court for judicial acceptance of any award and an order of
enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the
right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief
pending a final decision by the arbitrator. For all purposes of this Agreement, the parties
consent to exclusive jurisdiction and venue in the United States Federal Courts located in Cook
County Illinois.
15. DOs AND DON'Ts
The following list of "Dos and Don'ts" is intended to provide a set of rules governing your use of,
and participation in, the Services. All Users must adhere to these Dos and Don'ts and failure to
do so may result in the suspension of termination of your account.
DOs
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, copyright, anti-spam laws, export control laws, tax laws, and regulatory
requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name or organization name on your profile; and
d. Use the Services in a professional manner.
DON'Ts
You agree that you will not:
a. Create a false identity, misrepresent your identity, create a Member account for anyone other
than yourself (a real person), or use or attempt to use another's account;
b. Post or distribute content that is intentionally false or intended to mislead or deceive others
as to the source of the content;
c. Use the Service to promote, incite or engage in the harassment or bullying of others, in self-
harm or other illegal activities. Making threats (direct or indirect) of violence, including
threatening or promoting terrorism, is also prohibited. Users who harass, bully or threaten other
users will have their content removed and accounts terminated, and also may be subject to
serious criminal legal consequences in certain jurisdictions;
d. Post content or use the Service to promote hatred or violence towards, or directly attack or
threaten any others, based on race, ethnicity, nationality, religion, gender, gender identity,
sexual orientation, age, disability, martial status, or veteran status;
e. Post or distribute content that contains nudity, sexual acts, or sexually explicit materials. Do
not post links to pornographic sites or sites that contain pornography;
f. Promote or endorse regulated goods and services such as alcohol, gambling, tobacco,
firearms/weapons, pharmaceuticals, or other goods and services regulated in the United
States and other countries in which the Service is available;
g. Use the Service to distribute or promote any advertisement, solicitations or other commercial
content, including non-Company products, services or any sweepstakes or contests;
h. Post, link to, or distribute content on or through the Service that is intended to damage or
disrupt the Service, or another user's device or computer, or that is intended to compromise
the privacy or account security of another user;
i. Develop, support or use software, devices, scripts, robots, or any other means or processes
(including crawlers, browser plugins and add-ons, or any other technology) to scrape the
Services or otherwise copy profiles and other data from the Services;
j. Override any security feature or bypass or circumvent any access controls or use limits of the
Service (such as caps on keyword searches or profile views);
k. Copy, use, disclose or distribute any information obtained from the Services, whether directly
or through third parties (such as search engines), without the consent of the Company;
l. Disclose information that you do not have the consent to disclose (such as confidential
information of others);
m. Violate or infringe the intellectual property rights of others, including copyrights, patents,
trademarks, trade secrets, or other proprietary, publicity or privacy rights;
n. Violate the intellectual property or other rights of the Company, including, without limitation,
(i) copying or distributing our content or other materials or (ii) copying or distributing our
technology, unless it is released under open source licenses; (iii) using our business name or
logos except as provided in the Trademark Content & Display Policy;
o. Post anything that contains software viruses, worms, or any other harmful code;
p. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for the Services or any related technology that is not open source;
q. Imply or state that you are affiliated with or endorsed by the Company without our express
consent;
r. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or
access to the same, without the Company's consent;
s. Use bots or other automated methods to access the Services, add or download information,
send or re Vamonde messages;
t. Monitor the Services' availability, performance or functionality for any competitive purpose;
u. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the
Services;
v. Overlay or otherwise modify the Services or their appearance (such as by inserting elements
into the Services or removing, covering, or obscuring an advertisement included on the
Services);
w. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam,
denial of service attack, viruses, gaming algorithms);
x. Use the Service to spam others. Spamming activities may include but are not limited to,
sending or posting mass messages or content, posting duplicative content, political
campaigning, chain letters, posting promotional or commercial content, and posting false or
misleading content. You also may not engage in username squatting; accounts that are
inactive for more than six months may be removed without further notice; and/or
y. Violate these Dos and Don'ts or any additional terms concerning a specific Service that are
provided when you sign up for or start using such Service.
If you see something on the Service that you believe violates these Dos and Don'ts, please
report it to us using the contact information provided in Section 17. We may, in our sole
discretion, remove content that we believe violates these Dos and Don'ts or is otherwise
objectionable even without receiving a complaint of a potential violation.
Our community is diverse and reaches beyond geographical borders, so please keep in mind
that something that you may find objectionable may not violate our Dos and Don'ts.
16. COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright infringement in
accordance with the Digital Millennium Copyright Act or DMCA (posted at https://
www.copyright.gov/legislation/pl105-304.pdf). The address of Company's Designated Agent to
Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this
Section. It is Company's policy to (1) block access to or remove material that it believes in
good faith to be copyrighted material that has been illegally copied and distributed by any of
our advertisers, affiliates, content providers, members or users; and (2) remove and
discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a
copyright, please send a notice of copyright infringement containing the following information
to the Designated Agent listed below: 1. A physical or electronic signature of a person
authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2.
Identification of works or materials being infringed; 3. Identification of the material that is
claimed to be infringing including information regarding the location of the infringing materials
that the copyright owner seeks to have removed, with sufficient detail so that Company is
capable of finding and verifying its existence; 4. Contact information about the notifier
including address, telephone number and, if available, email address; 5. A statement that the
notifier has a good faith belief that the material identified in (3) is not authorized by the
copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that
the information provided is accurate and the notifying party is authorized to make the
complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company's policy:
1. To remove or disable access to the infringing material; 2. To notify the content provider,
member or user that it has removed or disabled access to the material; and 3. That repeat
offenders will have the infringing material removed from the system and that Company will
terminate such content provider's, member's or user's access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to
which access was disabled) is not infringing, or the content provider, member or user believes
that it has the right to post and use such material from the copyright owner, the copyright
owner's agent, or, pursuant to the law, the content provider, member, or user, must send a
counter-notice containing the following information to the Designated Agent listed below: 1. A
physical or electronic signature of the content provider, member or user; 2. Identification of the
material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or disabled; 3. A statement that the content
provider, member or user has a good faith belief that the material was removed or disabled as
a result of mistake or misidentification of the material; and 4. Content provider's, member's or
user's name, address, telephone number, and, if available, email address, and a statement that
such person or entity consents to the jurisdiction of the Federal Court for the judicial district in
which the content provider's, member's or user's address is located, or, if the content
provider's, member's or user's address is located outside the United States, for any judicial
district in which Company is located, and that such person or entity will accept service of
process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the
counter-notice to the original complaining party informing that person that Company may
replace the removed material or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider, member or user, the
removed material may be replaced or access to it restored in 10 to 14 business days or more
after receipt of the counter-notice, at Company's discretion.
Please contact Company's Designated Agent to Receive Notification of Claimed Infringement
at the following address:Proboscis, Inc., Attn: Copyright Agent / Legal Department, 1000 W
Fulton Market Suite 213, Chicago IL 60607
17. CONTACT
If you have any questions, complaints, or claims with respect to the Services, you may contact
us at:
Proboscis, Inc.
1000 W Fulton Market Suite 213,
Chicago IL 60607
Attn: Privacy / Legal Department
Email:hello@Vamonde.com
Effective: May 25, 2018
PRIVACY POLICY FOR Vamonde SERVICES
last updated May 23, 2018
SUMMARY
We collect personal information you choose to share with us and our partners so we can
provide you with a more customized experience. Your information is kept secure through
industry norms, but security can be breached, especially if you are not careful with protecting
your username and password. You can modify your information through your account settings,
but we may retain your information on an aggregate, non personally-identifiable basis for bona
fide business purposes even if you are no longer a registered user or customer.
Please read this privacy policy carefully, along with our Terms of Use and Cookie Policy
(collectively, the "Agreement"). By continuing to use our Services, you are expressly
consenting to the collection, storage, use and disclosure of your personal information as
described in this privacy policy.
You further acknowledge that the Services use the YouTube API Services and, as such, you
consent to the terms of the Google privacy policy.
1. INTRODUCTION TO OUR PRIVACY POLICY
We at Probocsis, Inc. (the "Company," "we," "us," or "our", including our subsidiaries) know that
our users care how their personally identifiable information ("Information") is used and shared,
and we take your privacy seriously. This privacy policy (the "Policy") describes how we collect,
use and disclose Information when you use any of our Services, including but not limited to:
Company websites, pages, sites, accounts or channels accessible through any Internet
or wireless enabled device (each, a "Website");
Mobile applications;
Ticketing and live event gatherings we host or sponsor;
Company online platforms and related offerings, including the Vamonde Platform; and
Websites, pages or apps created or powered by the Vamonde service (a "Vamonde
Site").
By visiting or using the Services in any manner, you acknowledge that you accept the
practices and policies outlined in this Agreement.
You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are
only permitted to use our Services through an account owned by a parent or legal guardian
with their appropriate permission and under their direct supervision. We do not knowingly
collect or solicit Information from anyone under the age of 13 or knowingly allow such persons
to register for the Service.
2. WHAT INFORMATION WE COLLECT
Information You Provide to Us
You don't have to create an account to use some of our Services. However if you do choose to
create an account and sign up for a Service, we may collect a variety of information from you
for that Service based on what you provide to us, such as: name, birth date or age range,
gender, and email or physical address. If you are paying for the Service, standard payment
and billing information is required. We do not require users to provide their race, ethnicity,
political opinions, religious or philosophical beliefs, trade union membership, physical or
mental health, sexual orientation or criminal record in their account. Please do not post or add
personal data to your account that you would not want to be publicly available.
Depending on which Services you choose to use, additional information may be collected and
stored, if necessary in order for us to provide a particular Service. Such information includes:
(i) biographical and professional information, association affiliation, demographic data, and
financial information;
(ii) information responsive to polls or surveys, disclosed in applications for employment, or
requested in order to provide information about our business, employment, products or
services;
(iii) transactional information based on your activities on the Website;
(iv) shipping, ordering, billing and other similar information you provide to purchase or ship an
item or service;
(v) community discussions, chats, dispute resolution, correspondence through the Website,
and correspondence sent to us;
(vi) computer sign-on data, time and date data, statistics on page views, your IP address, your
GPS location, the type of computing environment you use, and traffic to and from the Website
(including data about you whenever you interact with the Website, such as when you search,
click on links, send messages, make comments, replies or queries, and select best replies);
(vii) other technical information or data collected from Website traffic, including IP address and
standard web log information and information gathered from cookies, beacons and other
mechanisms;
(viii) supplemental or additional information we may request from you in the event previous
information you've provided cannot be verified;
(ix) your content and any other information that you choose to make available via the Website
or that other users of the Website share about you; and
(x) other information that you voluntarily provide to us.
Information Collected Automatically By Us
Whenever you interact with our Service, we automatically receive and record technical
information such as your device, IP address, "cookie" information (as described in our Cookie
Policy), the version of your operating system ("OS"), and the page you requested. When you
use the Service on a mobile platform, we may also collect and record your unique device ID
(persistent / non-persistent), hardware type, media access control ("MAC") address,
international mobile equipment identity ("IMEI"), your device name, and your location (based on
your IP address). We may also collect information regarding your activity on the Service (both
individually and on an aggregate basis) and your interactions with other users of the Service.
Information from Third Parties and Advertisers
We work with third party advertisers, networks, and service providers who assist us in
managing or providing the Service (e.g., payment processors) and who collect some of the
information described above. These third parties also help us understand how users interact
with our content or offerings. We may also collect contextual or demographic data about our
users from third parties, in order to more effectively deliver the Service or content in which we
think you would be interested. Unless you have been notified otherwise, all information
collected through our authorized third party service providers remains governed by security
and confidentiality obligations consistent with this Policy and applicable law.
Using Other Sites to Login to our Websites or Services
Some users may choose to connect to our Websites or Services using third-party account
credentials (for example, your Facebook login or YouTube account). If you choose to connect
your account using a third-party account, you understand some of your Information may be
shared with us or the respective third-party platform. Your information may also be subject to
separate policies of such third-party platform. You should review those policies before
providing consent. Connecting your account to third-party applications or services is optional.
You can revoke this permission anytime in your account settings.
Advertisements
Some of our Services allow advertisers and their networks to collect and use certain
anonymous Information about you (e.g. click stream information, browser type, time and date,
subject of advertisements clicked or scrolled over) in order to provide advertisements of
interest to you. These companies typically use a cookie or third party web beacon to collect
this information. To learn more about this behavioral advertising practice or to opt-out of this
type of advertising, you can visit networkadvertising.org.
Cookies and Similar Technologies
As further described in our Cookie Policy, we use cookies and similar technologies (e.g. web
beacons, pixel tags, or other device identifiers) to store login information and recognize you
and/or your device(s) on, off, and across different Services and devices. We also allow some
others to use cookies as described in our Cookie Policy. You can control cookies through your
browser settings and other tools.
Other
Our Services are dynamic, and we often introduce new features, which may require the
collection of new information. If we collect materially different personal data or materially
change how we use your data, we will notify you and may also modify this privacy policy.
3. WHY WE COLLECT AND HOW WE USE YOUR INFORMATION
How we use your Information will depend on which Services you use, how you use those
Services and the choices you make in your settings. The primary reason we collect Information
is to provide and improve our Services, manage your account and subscription to our Service,
and to provide you with a more customized experience on our Services.
The following is a summary of more specific ways we may use your personal information:
To provide payment processing and account management, operate, measure and
improve our Services, keep our Services safe, secure and operational, and customize
Website content
To contact you regarding your account, to respond to your requests or questions, to
troubleshoot problems with your account, to resolve a dispute, to collect fees or monies
owed or as otherwise necessary to provide you customer service
To send you transactional communications. For example, we might send you emails
about your purchase or to confirm your registration for an event. We might also contact
you about this policy or our website terms
To provide other services requested by you as described when we collect the
Information
For marketing purposes. For example, we might send you information about events or
special promotions. We might also tell you about new features or products. To learn
about your choices for these communications, read Section 8.2 below
We may also use push notifications on our mobile apps to send you various alerts and
updates
To improve our Services, for example by reviewing information associated with stalled
or crashed pages experienced by users allowing us to identify and fix problems and
give you a better experience
For security purposes. To prevent, detect, mitigate, and investigate fraud, security
breaches or other potentially prohibited or illegal activities and/or attempts to harm our
users
To monitor and improve the information security of our Websites and mobile
applications
To enforce our Terms of Use, this Policy, or other policies, and to monitor for violations of
our policies or applicable laws
We also use Information as otherwise described in this Policy, permitted by law, or as we may
notify you.
4. HOW YOUR INFORMATION IS SHARED
4.1 Sharing by you
Certain Services offered are social by their very nature, so your participation in such a Service
will allow others to see your name and/or username, profile picture, social profile, and any other
content you upload or disclose through that profile.
4.2 Sharing by us
We share your Information with third parties as listed below and as otherwise described
elsewhere in this Policy:
Service Providers
We employ and allow third parties to perform tasks on our behalf, such as payment
processing, data management and analytics, marketing, advertising, communication and IT
services, and we need to share your Information with them in order for them to provide such
products and services. Unless we tell you differently or you consent otherwise, these third
parties do not have any right to use your Information beyond what is necessary to assist us in
providing such products and services. Any uses of your Information by these third parties will
remain governed by security and confidentiality obligations consistent with this Policy and
applicable law.
Company Affiliates
Subject to applicable laws, we may share your Information with companies with whom the
Company is affiliated or related to (e.g., parent company or subsidiaries), and will require such
affiliated or related companies to use the Information solely in accordance with this Policy.
Business Transfers
We may choose to buy or sell assets. In these types of transactions, customer Information is
typically one of the business assets that would be transferred. Also, if we (or our assets) are
acquired or merged, or if we go out of business, enter bankruptcy, or go through some other
change of control, Information would be one of the assets transferred to or acquired by a third
party.
Protection of Company and Others
We reserve the right to access, read, preserve, and disclose any Information that we
reasonably believe is necessary to comply with law or court order; enforce or apply our
conditions of use and other agreements; or protect the rights, property, interests, or safety of
our Company, our employees, our users, or others. This includes exchanging information with
other companies and organizations for fraud protection and credit risk reduction.
Aggregated and Anonymized Information
We also may share (within our affiliated entities or with third parties) aggregated or anonymized
information that does not explicitly identify you or any individual user of our Services. From time
to time, the Company may provide demographic and statistical information to prospective
partners for the purposes of securing advertising and/or for general promotion of the Service.
This disclosure will not share any personal information of individual users but is intended to
give a broad overview of the Service's membership.
5. THE SECURITY OF YOUR INFORMATION
The security of your Information is important to us. We take commercially reasonable security
measures, including administrative, technical, and physical safeguards, to protect your
Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and
destruction.
Your account is protected by a password for your privacy and security. You must prevent
unauthorized access to your account and Information by selecting and protecting your
password and/or other sign-on mechanism appropriately. To help protect your Information, you
should not share your account information or password, reuse your password on other sites, or
use a password you have used on other sites.
We endeavor to protect the privacy of your account and other Information we hold in our
records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or
software failure, and other factors, may compromise the security of user information at any
time.
6. WHERE YOUR INFORMATION WILL BE HELD
In order to provide the Service, the Information that we collect from you may be transferred to
and stored at a destination outside of your country and the European Economic Area ("EEA"),
and, in particular, the United States. It may also be processed by any service providers
appointed by us who operate outside of the EEA and their staff. By submitting your data, you
agree to this transfer, storing or processing outside of the EEA or your country and
acknowledge that not all countries guarantee the same level of protection for your Information
as the one in which you reside. Data transferred will be treated in accordance with this Policy
and, where applicable, the EU General Data Protection Regulation.
7. LAWFUL BASES FOR PROCESSING
We will only collect and process Information about you where we have lawful bases. Lawful
bases include consent (where you have given consent), contract (where processing is
necessary for the performance of a contract with you (e.g. to deliver the Services you have
requested)) and "legitimate interests".
Where we process Information based on consent, we will ask for your explicit consent. You
may withdraw your consent at any time, but that will not affect the lawfulness of the processing
of your personal data prior to such withdrawal.
Where we rely on contract, we will ask that you agree to the processing of personal data that is
necessary for entering into or performance of your contract with us. We provide a voluntary
service; you can choose whether or not you want to use the Services. However, if you want to
use the Services, you need to agree to our Terms of Use, which set out the contract between
the Company and you. As we operate in countries worldwide (including the US) and use
technical infrastructure in the US to deliver the Services to you, in accordance with the contract
between us, we may need to transfer your Information to the US and to other jurisdictions as
necessary to provide the Services.
Where we rely on legitimate interests as a basis for Information processing, you have the right
to object. We may process your personal data for the purposes of our legitimate interests or for
the legitimate interests of third parties, provided that such processing shall not outweigh your
rights and freedoms. For example, we may process your personal Information to:
Protect you, us, or others from threats (such as security threats or fraud)
Comply with laws that apply to us
Enable or administer our business, such as for quality control, consolidated reporting,
and customer service
Manage corporate transactions, such as mergers or acquisitions
Understand and improve our business or customer relationships generally
Enable us and our users to connect with each other, view content, express opinions,
exchange information, and conduct business
If you have any questions about the lawful bases upon which we collect and use your
Information, please contact our legal department at hello@Vamonde.com with the subject line:
“Privacy”
8. WHAT INFORMATION YOU CAN ACCESS
Through your account settings for the Service, you may access, edit, or delete Information
you've provided and your record of interactions with the Service. Such Information and
interactions, and your ability to update them, will vary based on the Service.
8.1 Right to Access and Control Your Information
We provide many choices about the collection, use and sharing of your Information.
Individuals located in certain countries, including the European Economic Area, have certain
rights related to their personal Information. Subject to any exemptions provided by law, you
may have the right to request the following for personal data that we have about you:
Delete Information: You can ask us to erase or delete all or some of your personal data
(e.g., if it is no longer necessary to provide Services to you).
Change or Correct Information: You can edit some of your Information through your
account. You can also ask us to change, update or fix you Information in certain cases,
particularly if it's inaccurate.
Object to, or Limit or Restrict, Use of Information: You can ask us to stop using all or
some of your Information (e.g., if we have no legal right to keep using it) or to limit our
use of it (e.g., if your Information is inaccurate or unlawfully held).
Right to Access and/or Take Your Information: You can ask us for a copy of your
Information and can ask for a copy of Information you provided in machine-readable
form.
You may contact us using the contact information in Section 11 below, and we will consider
your request in accordance with applicable laws.
8.2 What Choices You Have
You can always opt not to disclose Information or to disable certain tools on your browser or
device. However, this may limit your ability to fully utilize the Service.
You may be able to add, update, or delete Information as explained above. When you update
Information, however, we may maintain a copy of the unrevised Information in our records.
Please note that some Information may remain in our records for legitimate business reasons
even after your deletion of such Information, such as our analyzing aggregated data regarding
past usage of the Service (but not in a manner that would identify you personally). Additionally,
through Google's security settings page, you may revoke consent to the use of API Data
related to you that was accessed or stored by the Service pursuant to such consent. Company
shall delete all such API Data no later than thirty (30) calendar days following such revocation.
You can opt in to receive mobile push notifications from the Company. If you change your mind
later and no longer want to receive these notifications, you can use your device's settings
functionality to turn them off.
If you don't want to receive e-mail or other communications from us, you can adjust your email
preferences from your account, or opt-out by clicking on the link provided in the emails.
To learn more about choices regarding cookies set through the Service, see our Cookie Policy.
8.3 Account Closure
If you wish to delete your account, you can do so by logging into your account or by emailing
us using the contact details provided in Section 11 below. After it is no longer necessary for us
to retain your Information, we will dispose of it in a secure manner according to our data
retention and deletion policies, except as noted in Section 9 below.
If you deactivate your account on the Platform, your profile page (with a notice that your
account has been deactivated) will still be visible and all your posted content will still be
accessible. If at any time you choose to opt out from allowing us to use your Information in the
future, contact us directly via email to hello@Vamonde.com. Upon receipt and process of an
opt-out request, we will, within a commercially reasonable period of time, remove your
Information from any applicable listings. Note that requests to terminate disclosure to third
parties may frustrate or render impossible our ability to provide the Website or conduct
transactions initiated by you.
9. HOW LONG WE RETAIN YOUR INFORMATION
We generally retain your Information as long as reasonably necessary to provide you the
Services or to comply with applicable law. However, even after you deactivate your account,
we can retain copies of Information about you and any transactions or Services in which you
may have participated for a period of time that is consistent with applicable law, applicable
statute of limitations or as we believe is reasonably necessary to comply with applicable law,
regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees
owed, to resolve disputes, to address problems with our Services, to assist with investigations,
to enforce our Terms of Use or other applicable agreements or policies, or to take any other
actions consistent with applicable law.
Information you have shared with others (e.g. through comments or other posts) will remain
visible after you close your account or delete the information from your own account, and we
do not control data that other users copied out of our Services.
10. CHANGES TO THIS PRIVACY POLICY
We may modify this Policy, our Terms of Use and our Cookie Policy from time to time. If we
make material changes to it, we will provide you notice through the Service, the Website, via
email or by other means, to provide you the opportunity to review the changes before they
become effective. You shall be responsible for reviewing and becoming familiar with any such
modifications. We agree that changes cannot be retroactive. If you object to any changes, you
may close your account or discontinue use of the Services. Your continued use of our Services
after we publish or send a notice about our changes to these terms means that you are
consenting to the updated terms.
11. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our Policy, please send us a detailed
message at the address below, and we will try to resolve your concerns.
Proboscis, Inc.
1000 W Fulton Market Suite 213,
Chicago IL 60607
Attn: Privacy / Legal Department
Email: hello@Vamonde.com
12. YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask
us for a notice identifying the categories of personal Information that we share with our affiliates
and/or third parties for marketing purposes, and providing contact information for such
affiliates and/or third parties. If you are a California resident and would like a copy of this
notice, please submit a written request to the following address: Vamonde, Inc., Attn: Legal
Department, 1000 W Fulton Market Suite 213, Chicago IL 60607. We will respond to one
request per California customer each year, and we do not respond to requests made by means
other than as set forth above.
California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in
their web browsers. When a user turns on the Do Not Track signal, the browser sends a
message to websites requesting them not to track the user. At this time, we do not respond to
Web browser "do not track" settings or signals. As described in our Cookie Policy, we deploy
cookies and other technologies on our Service to collect information about you and your
browsing activity, even if you have turned on the Do Not Track signal.
13. LEGAL DISCLOSURES
It is possible that we will need to disclose information about you when required by law,
subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably
necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal
activities or to assist government enforcement agencies; (2) enforce our agreements with you,
(3) investigate and defend ourselves against any third-party claims or allegations, (4) protect
the security or integrity of our Service (such as by sharing with companies facing similar
threats); or (5) exercise or protect the rights and safety of the Company, our users, personnel,
or others. We attempt to notify users about legal demands for their personal data when
appropriate in our judgment, unless prohibited by law or court order or when the request is an
emergency. We may dispute such demands when we believe, in our discretion, that the
requests are overbroad, vague or lack proper authority, but we do not promise to challenge
every demand.
Effective: January 1, 2018
Copyright Claims Policy
last updated May 23, 2016
DMCA / Copyright Claims Policy
Proboscis, Inc. ( DBA "Vamonde") ("Vamonde") respects others' intellectual property rights and
adheres to the provisions of the Digital Millennium Copyright Act (“DMCA”). It is Vamonde's
policy to (1) block access to or remove material that it believes in good faith to be copyrighted
material that has been illegally copied and distributed by any of our users, members,
advertisers, affiliates, content providers; and (2) remove and discontinue service to repeat
offenders. This policy applies to the website www.Vamonde.com and such other mobile
applications and websites as may be owned and/or operated by Vamonde (collectively, the
“Sites”), however accessed and/or used, whether via personal computers, mobile devices or
otherwise. If you believe that material(s) on the Sites violate your intellectual property rights,
please follow the guidelines and procedures below to provide Vamonde with appropriate
notice. Vamonde responds to written notices alleging infringement that comply with the DMCA
and other applicable laws. Vamonde will remove allegedly infringing material from the Sites
upon receipt of a valid DMCA notice as required by the DMCA and will provide the allegedly
infringing party with a copy of the DMCA notice alleging infringement. If the party who posted
the allegedly infringing information files a valid counter notification, the materials will be
reposted unless you file a claim for relief as further set forth in the DMCA.
All notices must be provided to Vamonde's DMCA Agent in hard copy (e.g., U.S. mail or e-
mail). Vamonde does not accept notices or counter-notifications under the DMCA submitted by
telephone or electronically via the Sites. You may wish to consult with legal counsel to assist
you with assessing your claim(s) and understanding your rights and liabilities, including,
without limitation, your potential liability for filing a false claim.
Drafting Your Notice of Allegedly Infringing Material (“DMCA Notice”)
If you believe that material appearing on the Sites violates your intellectual property rights, you
must file a DMCA Notice. In order to file a DMCA Notice, you must provide written notice to the
DMCA agent (via U.S. mail or e-mail to the Vamonde contact listed below) that substantially
complies with the DMCA and contains the following:
1. Identification of the copyrighted work claimed to have been infringed or, if multiple
copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the material you claimed to be infringing, or the material that will be the
subject of infringing activity, that you believe should be removed (or access to such material
disabled), and information that is reasonably sufficient to allow Vamonde to locate such
material;
3. Information reasonably sufficient to permit Vamonde to contact you, such as mailing
address, telephone number, and/or an e-mail address;
4. A statement that you have a good faith belief that Vamonde's alleged use of the material at
issue is not authorized by the copyright owner, its agent, or an applicable law;
5. A statement that the information contained in your DMCA Notice is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right
that has allegedly been infringed; and
6. Your physical or electronic signature (e.g., “/s/ [print name]”), or the physical or electronic
signature of a person authorized to act on behalf of the owner of the exclusive right that has
allegedly been infringed.
Sending Your DMCA Notice:
If by U.S. mail, send your DMCA Notice to:
Vamonde DMCA Agent
Attn: Copyright Agent
Proboscis, Inc.
1000 W Fulton Market Suite 213,
Chicago IL 60607
Attn: Privacy / Legal Department
If by e-mail, send your DMCA Notice to:
hello@Vamonde.com
Counter-Notification
If you have posted material on the Sites that has been removed as a result of the DMCA Notice
that you sent to the Vamonde DMCA Agent, you may file a counter-notification by providing an
additional written notice to the Vamonde DMCA Agent in the exact same manner as required
by the DMCA Notice. In order to file your counter-notification, you must provide additional
written notice to the DMCA agent (via U.S. mail or e-mail to the Vamonde contact listed above)
that substantially complies with the DMCA and contains the following:
1. Identification of the material that has been removed (or access to such material disabled)
and the location on the Sites where the material appeared prior to your DMCA Notice;
2. Your statement under penalty of perjury that you have a good faith belief that the material
was removed (or access disabled) as a result of your mistake or misidentification of the
material that was removed (or access disabled);
3. Your name, mailing address, telephone number, and a written statement acknowledging your
consent to the jurisdiction of Federal District Court for the judicial district in which you reside, or
if you reside outside of the United States to the Northern District of Illinois, Eastern Division,
and that you will accept service of process from the person (whether individually or on behalf
of a rights holder) who provided the DMCA Notice of allegedly infringing material to which your
counter-notification responds; and
4. Your physical or electronic signature.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially
misrepresents that material or activity is infringing may be subject to liability.
For the full text of the DMCA, click here. Should you have any questions or concerns about the
use of trademarks or allegations of infringement of your rights, please contact the Vamonde
DMCA Agent at hello@vamonde.com