Terms and Service of VeeV
2. Vimsel Service
The Agreement applies to all users of the Vimsel Service. Vimsel Service may contain links to third party websites that are not owned or controlled by Adeptech. Information provided by our users may contain links to third party websites. Adeptech does not exercise any control over, and does not assume any responsibility for, the content, terms and conditions, privacy policies, or practices of any websites not under the direct control and ownership of Adeptech. In addition, Adeptech will not and cannot censor or edit the content or information provided by any third-party site. By utilizing this Service, the user expressly acknowledges and agrees that Adeptech shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Vimsel Access
B. You agree not to use or launch any automated system or other bot that gains access to the Service in a manner that sends more request messages to the Adeptech servers in a given period of time than may be reasonably produced by a human user in the same period by using a Vimsel application. Additionally, you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Adeptech grants the operators of public search engines permission to use tracking devices (“spiders”) to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Adeptech reserves the exclusive the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Adeptech clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You agree not to spam, or solicit for commercial purposes, any users of the Service. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personal identifiable information, including phone number, addresses and email addresses. Finally, use of the communication systems provided by the Service for any commercial solicitation or spam purposes is prohibited.
C. Adeptech requires a user to provide your mobile phone number and email address to access and use this Service. Additionally, Adeptech may periodically access your contact list and/or address book on your mobile device to find and track phone numbers of other users subject to the same Agreement, access to which you expressly acknowledge and agree. When providing your mobile phone number and email address, you must provide accurate and complete information. Adeptech does not collect and store names or addresses of its users. You, as the user, are solely responsible for the messages and content of such messages that you draft, create, edit and submit that are displayed on your mobile phone number using the Vimsel Service. You must immediately notify Adeptech of any breach of security, loss or unauthorized use of your mobile phone. Although Adeptech will not be liable for your losses and accepts no liability for damages caused by any unauthorized use of your account, you may be liable for the losses of Adeptech or others associated with the unauthorized use.
4. Intellectual Property Rights
The design of the Vimsel Service along with Adeptech created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Adeptech, subject to copyright and other intellectual property rights under United States law. Foreign laws, and international treaties and agreements.
The Service is provided to you AS IS for personal use only. Adeptech reserves all rights not expressly granted by the Service. You agree to not engage in the use, copying, or distribution of the Service or its contents other than that, which is expressly permitted herein, including any use, copying, or distribution of Status Submissions of users obtained through the Service for any commercial purposes.
Vimsel owns all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Vimsel Service Services and Vimsel Content. Nothing in the Terms grants you a right or license to use any trademark, design right or copyright owned or controlled by the Vimsel or any other third party except as expressly provided in the Terms.
5. Information Sharing
A. Location data, photos or files that you share with other Vimsel users will only be viewable by those Vimsel user(s) or group(s) you directly send such information.
B. The user shall be solely responsible for shared photos and the consequences of sharing such photos. Adeptech is only acting as a repository of data. User submitted information does not necessarily represent the views or opinions of Adeptech, and Adeptech makes no guarantees as to the validity, veracity, accuracy or legal status of any user generated content. In connection with uploaded information, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Adeptech to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all uploaded information to enable inclusion and use of the information in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the information to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user information in the manner contemplated by the Service and these Terms of Service. However, by submitting your information, you hereby grant Adeptech a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, and display in connection with the Vimsel Service and Adeptech’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Vimsel Service (and derivative works thereof) in any media formats and through any media channels.
C. You further agree that you will not: (i) submit copyrighted material that is protected by trade secret or otherwise subject to third party proprietary rights. This includes privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Adeptech all of the license rights granted herein; (ii) publish untruthful statements, misrepresentations, or inflammatory statements that could damage Adeptech or any third party; (iii) submit material that is obscene, unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person; (v) post advertisements or solicitations of business; (vi) send or store material containing software viruses, worms, backdoor virus, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; and or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. The user must identify Adult Content as such. Adult Content shall be defined as Adult content is defined as content intended for a mature audience or of a mature nature. Adeptech does not endorse or support any user posted information, views expressed, opinion, recommendation, or advice expressed therein, and Adeptech expressly disclaims any and all liability in connection with user-shared information. Adeptech does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Adeptech will immediately remove all content if properly notified that such content infringes on another’s intellectual property rights. Please send a written communication to file a copyright infringement notification. This written communication shall include the following pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number and email address of the Adeptech user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and email address, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the user submission is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at vimsel.com. Adeptech reserves the right to remove content without prior notice.
E. Adeptech may also terminate a user’s access to the Service, if they are determined to be have infringed upon the copyright of another entity in the past for any or no reason. A repeat or past infringer is a User who has been notified that their activity infringed upon the copyright of another entity more than once and/or has previously had content removed twice from the Service. Adeptech also reserves the exclusive right to determine and define appropriate content and whether such contact complies with this Agreement. Furthermore, Adeptech maintains the exclusive right to take action for any and/or purported violations other than copyright infringement and violations of intellectual property law. Adeptech may remove such content and/or terminate a User’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
F. You understand that as a user, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Adeptech and agree to indemnify and hold Adeptech, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Vimsel Service.
G. Adeptech reserves the right to discontinue any aspect of the Vimsel Service at any time.
Your use of the Vimsel service shall be at your sole risk. To the fullest extent permitted by law, Adeptech, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Adeptech makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Vimsel service.
Adeptech does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Vimsel service or any hyperlinked website or featured in any user status submission or other advertising, and Adeptech will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. This Service is just for the personal use and enjoyment of the individual user and each person should use your best judgment and exercise caution where appropriate when clicking and viewing such third party posts and related websites.
7. Limitation of Liability
You specifically acknowledge that Adeptech shall not be liable for user submissions or the offensive, defamatory, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely with you as the user.
8. Operational Location
Adeptech controls and operates this Service from its facilities and offices based in the United States of America. Adeptech makes no representations that the Vimsel Service is appropriate or available for use in a specific location. Those who access or use the Vimsel Service from other jurisdictions do so at their own choice and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Adeptech, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Vimsel Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vimsel Service.
10. Acceptance of Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these conditions set forth. The Vimsel Service is not intended for children under 16 and use of an individual under the age of 16 is prohibited. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Adeptech is the developer of the Service, with an address at 6711 Lee Highway, Suite 211, Arlington, VA 22205, info at Vimsel.com.
Vimsel Service may terminate or suspend access to its Service immediately, without prior notice or liability, for any reason, including if you breach the Terms of this Agreement.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adeptech without restriction or notice.
13. Legal Jurisdiction and Domicile
You agree that: (i) the Vimsel Service shall be deemed solely based in Virginia; (ii) the Vimsel Service shall be deemed a passive server that does not give rise to personal jurisdiction over Adeptech, either specific or general, in jurisdictions other than Virginia; and (iii) that you agree to subject to the jurisdiction of Virginia in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles.
14. Agreement Invalidity
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Adeptech’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
15. Modification of Agreement Terms
Adeptech reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Vimsel Service. Your continued use of the Vimsel Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
16. Statute of Limitations
YOU AND ADEPTECH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIMSEL SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A. Collection of User-Generated Content
Adeptech may obtain the following types of information from or concerning a user or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
1. User Provided Information
You provide certain Personally Identifiable Information, such as your mobile phone number and email address, push notification name (if applicable), billing information (if applicable) and mobile device information to Adeptech when choosing to participate in various uses of the Vimsel Service. This may include registering as a user, updating your status or requesting status for your contacts or calendar.
In order to provide the Vimsel Service, Adeptech will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Adeptech users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
2. Cookies Information
When you visit the Vimsel Site, we may send one or more cookies. A cookie is a small text file containing a string of alphanumeric characters. Vimsel uses these cookies as a way to uniquely identifies your browser and computer. Adeptech uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Vimsel Site may not function properly if the ability to accept cookies is disabled.
3. Log File Information.
When you use the Vimsel Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number and email address, phone number and email address you are requesting the status of and various status information. When you use the Vimsel Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
4. The Information Adeptech Does Not Collect
We-do-not-collect location data, but users may voluntarily share their location with other users via the Vimsel Service.
5. The Way Adeptech Uses Information
6. When Adeptech Discloses Information
Adeptech does not sell or share your Personally Identifiable Information (such as mobile phone number or email address) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Vimsel Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Vimsel Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Adeptech also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Adeptech believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Vimsel Site or our servers, and to protect the rights, property, or personal safety of Adeptech, our users or others.
7. Your Options
8. Third-party Advertisers, Links to Other Sites
Adeptech is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
9. Our Commitment To Data Security
Adeptech uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Adeptech and you do so at your own risk.
Adeptech does not recommend using unsecured Wi-Fi or other unprotected networks to submit messages through the Vimsel Service. Adeptech makes commercially reasonable efforts to ensure the security of our systems upon receipt of such information. However, Adeptech does not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Adeptech learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Adeptech may post a notice on the Vimsel Site or through the Vimsel Service if a security breach occurs.
10. Our Commitment To Children’s’ Privacy
We understand that protecting the privacy of young children is extremely important. For that reason, Adeptech does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Vimsel Site or Vimsel Service from persons under 16 years of age, and no part of the Vimsel Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the Vimsel Service or access the Vimsel Site at any time or in any manner without the explicit use of your parents or legal guardian. If Adeptech learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Vimsel Site or Vimsel Service, then Adeptech may deactivate the account and/or make the status submissions inaccessible.
11. Special Note to International Users
12. Assignment and/or Merger
In the event that Adeptech is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
13. Changes and updates to this Privacy Notice
Last Updated: June 23 2016
Terms of Service Agreement