주식회사 Vooks 서비스 약관
Last Updated September 27, 2023
Welcome to Vooks! These Terms of Service (“Terms”) are an agreement between you and Vooks, Inc. (“Vooks,” “us,” or “we”) to use our online educational platform that provides individuals, families, and schools with a streaming library of animated children’s books. Vooks is brought to you by and includes vooks.com, our applications (“App”), related devices and products (“Products), and our website including vooks.com and our other online channels (collectively, our “Services”). By accessing, installing, downloading, or using the Services in any manner, you accept and consent to these Terms and all documents incorporated by reference on behalf of yourself and any user who is a legal minor (“child”) that you permit to use the Services through your account, and you represent and warrant that you meet the eligibility requirements in Section 1. If you are a Parent or School (defined below), then “you” as used herein (unless the context requires otherwise) includes both you and the child you permit to use the Services through your account.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND VOOKS.
If you have any questions about our Terms of Service, please feel free to contact us at email@example.com.
1. Eligibility to use Vooks
Vooks is designed for use by children under the supervision of the child’s parent or legal guardian (in each case, the “Parent”) or through the child’s educator or administrator of a school, school district, local education agency (“LEA”), or other organization (collectively, “Schools”). To be eligible to create an account and subscribe to the Services (“Account Creator”), you must be at least 18 years of age, be physically located in a jurisdiction where we offer the Services, and where the use of the Services complies with applicable laws, and at all times abide by these Terms. Children may only access Vooks through an Account Creator’s account, whether the Account Creator is the child’s Parent, School, or another authorized adult. Account Creators may create multiple profiles under their account for children and other users to access the Services, subject to the eligibility requirements in this section.
2. Accepting these Terms
You accept the Terms on behalf of yourself as a Parent or School and any child whom you permit to use the Services through your account by (i) clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form; (ii) by creating an account; (iii) by clicking “sign up” or any similar mechanism; (iv) or by downloading or using the Services in any manner. If you do not agree to these Terms, do not access or use the Services. Any additional, separate terms that apply to your use of the Services will be considered to form part of these Terms. Vooks reserves the right to delete any account or remove any user from the Services for failure to comply with any eligibility requirements, these Terms, or for any other reason at our sole discretion, with or without notice to you.
By accessing the Services in any manner, you represent and warrant that you and your child meet the eligibility criteria and terms and conditions set forth in these Terms. If you are not eligible or do not adhere to these Terms, you must not use the Services. We reserve the right to suspend your access to the Services without notice to you if we discover or suspect that you do not meet the requirements of this section. For clarity, any access or use of the Services by a child without their Parent or School’s consent to these Terms and supervision is strictly prohibited and in violation of these Terms. The parties’ relationship, as established by these Terms, is solely that of independent contractors.
3. Children using Vooks
If you are an Account Creator and you permit a child to use the Services through your account, you represent and warrant that you have the legal authority to agree to these Terms and consent to the child’s use of the Services on behalf of that child. Additionally, you agree: (i) to be bound by these Terms on behalf of yourself and the child; (ii) to be solely responsible for obtaining all legally required consent or authorizations for the child to use the Services; (iii) that you consent to the child’s use of the Services; and (iv) to take full responsibility for your child’s activities on the Services. EACH PARENT OR SCHOOL, AS APPLICABLE, IS SOLELY RESPONSIBLE FOR MONITORING THE CHILD’S USE OF THE SERVICES AND THE CONTENTS ACCESSED BY THE CHILD.
4. Schools using Vooks
If you use the Services in a School setting, you understand and agree that Vooks is considered a “school official” with a legitimate educational interest for the purposes of the Family Educational and Privacy Rights Act (“FERPA”). Vooks is committed to compliance with FERPA, the Children’s Online Privacy Protection Act, the Protection of Pupil Rights Amendment, the Student Online Personal Information Protection Act, the Protection of Pupil Rights Amendment, the Individuals with Disabilities Education Act, and California SB 1177, and Vooks is part of the California Student Privacy Alliance. You acknowledge and agree that each School that uses Vooks is responsible for complying with all laws applicable to the School and the School’s use of Vooks for educational purposes. Vooks is not liable for any noncompliance with such laws by a School or individual educator.
5. Storyteller and Other Interactive Features
Storyteller is a feature that enables users to create recordings of their voice and other audio (“Recordings”) while engaging with titles and content on the Services and store the Recording on the Account Creator’s Vooks account. A Recording is the property of the Account Creator through whose account the Recording is made. Recordings are stored on the Account Creator’s account and accessible only by the Account Creator unless the Account Creator shares it with other parties as the Account Creator chooses, as outlined in Section 12 (“Acceptable Use”), Section 13 (“Prohibited Acts”) and Section 17 (“Your Content”). Vooks may offer you the option to download or share your Recording with others, which may incur a fee for the associated data transfer or storage. See Section 17 (“Your Content”) for more terms related to Recordings.
A child may only access Storyteller and other Interactive Features (defined below) through an Account Creator’s Vooks account. Storyteller may collect Personal Information when you or a child using your account create a Recording, such as voice or other audio, background sounds, and any personal details that may be stated or otherwise included in the Recording. By creating the Recording, you expressly consent on your own behalf and the behalf of any child that uses Storyteller through your account to the collection of any Personal Information contained in such Recordings by Vooks and the use of such Personal Information for any internal business purpose of Vooks.
6. Health and Seizure Warning
Some users may experience fatigue, nausea, or vertigo while using certain features of the Services. You are responsible for reviewing and adhering to any and all safety tools and tips provided for the Services features you use. In rare instances, exposure to certain light patterns or backgrounds on a screen may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Taking rest breaks from use may help alleviate symptoms.
The Services are available on a monthly or annual subscription basis. If you sign up for a subscription for your own account or purchase a subscription as a gift for someone else, you agree to pay the subscription fee stated at the time you subscribe, as well as any taxes, fees, or other charges associated with your use of the Services. If Vooks offers you a free trial, at the end of the free trial period (i) your subscription will begin or (ii) your access will terminate, as specified at the beginning of your free trial. In some cases, the Services may be made available to you as an end user through a Vooks corporate affiliate. These terms and conditions apply in their entirety to such access, except that you will not be charged a subscription fee or billed for your use of the Services unless otherwise notified at the time you make a purchase or incur a fee.
8. Lifetime Subscriptions
Vooks occasionally offers Lifetime Subscriptions wherein you may make a one-time payment to Vooks for lifetime access to the Services. Users with Lifetime Subscriptions are not charged monthly or annual fees. As used in these terms, a “Lifetime” is defined as your natural lifetime. Notwithstanding the foregoing, a Lifetime Subscription will terminate upon the earlier of (a) your termination of these Terms for any reason, (b) our termination of these Terms for cause, or (c) termination of these Terms by Vooks without cause and by notice to you, wherein Vooks will refund you the difference, if any, between the amount you paid for your Lifetime subscription and the amount you would have been charged at the lowest available rate for full access to the Vooks library for the period you have been a Lifetime subscriber. The refund as described in the previous sentence is your sole and exclusive remedy for any failure by Vooks, Inc. to provide the Lifetime subscription for your Lifetime.
9. Fees & Payments
You agree to pay any and all fees associated with your use of the Services. Unless otherwise stated when you subscribe, your subscription will automatically renew at the end of the initial subscription term and each subsequent subscription term, and the payment method associated with your account will be charged upon each renewal. The period of the subscription renewal and the cost of the subscription renewal will be the same as your current subscription period unless otherwise disclosed to you at signup or the fees for your subscription change. The price for your subscription or other costs or fees may change at any time, but no price change will affect your past purchases. Fees are stated in U.S. dollars. Refunds are available upon request and at our discretion within 15 days of the transaction for yearly subscriptions; 7 days for monthly subscriptions; 48 hours for lifetime subscriptions. You can update or cancel your subscription at any time by updating your account settings or deleting your account, or by contacting us at firstname.lastname@example.org.
You must maintain a valid payment method on file with us. You agree that we may charge your payment method on file with the fees due under these Terms, any sales and use taxes, and any late fees or interest (as described below). You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason.
If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
10. Ownership & License Grant
The Services, which include all contents, features, and functionality (including but not limited to all information, software, mobile applications, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Vooks, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Using the Services does not give you ownership or any intellectual property rights in the Services. Vooks hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, download, install, and use the Services for your own personal, non-commercial purposes, subject to these Terms. The Services are licensed to you, not sold. Except for the foregoing license, you may not use the Services or contents of the Services unless you obtain written permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in the Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Services.
The Vooks name, logo, graphics, page headers, button icons, scripts, and service names are our trademarks, registered trademarks, or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not owned by us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
11. Infringement Notifications
Vooks takes the rights of others very seriously. If you are concerned that any contents on the Services is improper or infringing, please contact us at email@example.com. If you would like the contents removed, please provide (i) a detailed description of the objectionable content, including where it is located on the Services; (ii) a statement that you have a good faith belief that the poster does not have permission to use the said objectionable content; (iii) a statement that you are the owner, or exclusive agent of the owner, of the objectionable content; (iv) your contact information, and; (v) a signed and sworn statement, under penalty of perjury, that your statements above are true to your knowledge.
12. Acceptable Use
You are personally responsible for all use of the Services through your account. You represent and warrant that you will use the Services in accordance with the following acceptable use requirements:
- You will use the Services in a respectful manner and in compliance with applicable laws and our rules of conduct;
- Any information you submit to us is truthful and accurate and you will maintain the accuracy of that information;
- You will not do anything that might jeopardize the security of your account;
- You will not engage in any activity described under Prohibited Acts (Section 13); and
Vooks may temporarily or permanently ban you, cancel your account, or terminate these Terms if you violate the provisions of this section, or if you abuse email communications or support communications, as determined by us, in our sole discretion.
13. Prohibited Acts
You and your child are strictly prohibited from engaging in the conduct described below. By using the Services, you represent and warrant that you will not:
- Take any of the following actions with respect to any contents or materials on the Services: (i) republish in print, digital media, or documents (including republication on social media or another website); (ii) sell, rent, or sub-license; (iii) show or display it in public; (iv) reproduce, duplicate, copy, or otherwise exploit for a commercial purpose; (v) edit or otherwise modify; (vi) redistribute, except for content specifically and expressly made available for redistribution; or (vii) republish or reproduce any part of the Services through the use of iframes or screenscrapers. Where content is specifically made available for redistribution, it may only be redistributed within your organization and as specified by Vooks.
- Use or attempt to use another user’s account without authorization, or impersonate any person or entity;
- Harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
- Upload Your Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
- Post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity;
- Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Be fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar, or offensive;
- Promote illegal or harmful activities, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Be violent or threatening or promote violence or actions that are threatening to any person or entity; or
- Use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
You further agree to not copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services and to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion thereof or use it in any manner not expressly authorized by these Terms.
Additionally, you are strictly prohibited from violating or trying to violate our security features. If you violate our system or network security, you may face civil or criminal liability. Tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject you to legal action and/or terminate your access to the Services. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. This section provides examples of prohibited conduct. The above lists are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other individual from using or enjoying the Services will not be permitted.
14. Software Requirements
You must have a compatible computer and/or mobile device, internet access, and the necessary minimum specifications (“Software Requirements”) to use the Services. The Software Requirements are listed on the relevant app store or mobile application page. Software may be upgraded from time to time to add support for new functions. The Services may request certain privacy permissions from time to time such as access to other apps or data on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the Services on a mobile device. Data and messaging charges may apply to your use of the Services on a mobile device or any text messaging or photo sharing features you use. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Services, you will be assumed to have received permission from the bill payer for use of the Services.
15. Availability & Updates
Vooks will use commercially reasonable efforts to maintain the availability of the Services. You agree and understand that there will be times when the Services will not be available, such as maintenance, outages, and causes beyond our reasonable control. Vooks is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Services access or caused by your device or your internet or wireless service provider. Vooks may, in our sole discretion, provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any features or functionality. You agree to promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. All Updates will be deemed part of the Services and be subject to these Terms.
If we offer sale of goods or services on the Services, those purchases are governed by the terms related to the sale, which are incorporated by reference and made part of these Terms. The prices charged for such purchases are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that you may buy: (i) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION and; (ii) we shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to you at the address that you supplied to us; it being understood that you bear the entire risk of loss or damage in transit, mis-delivery or non-delivery of the goods that you may purchase from us. Prior to shipment, we have the right to cancel any order and refund payment based on a mistaken price quote on the Services.
17. Your Content
Storyteller or other interactive features (“Interactive Features”) may allow an Account Creator or an end user using the Services through the Account Creator’s account to create, post, submit, publish, display, or transmit to other parties Recordings, content, or materials (collectively, “Your Content”) on or through the Services. As an Account Creator, you hereby give Vooks prior express written consent to collect, process, use, store, and distribute any and all Recordings of a child and any other of Your Content containing Personal Information created or transmitted through your account. By permitting a child to use an Interactive Feature, you represent and warrant that you are a Parent of the child or the Student’s School, as applicable, and you have the necessary legal authority to accept these Terms and consent to the collection of the child’s or Student’s Personal Information.
By creating or providing Your Content through the Services, you grant Vooks (along with our affiliates and service providers, as applicable) an unlimited, non-exclusive, transferable, royalty-free, and irrevocable license to use Your Content in any manner and for any purpose related to providing you with the Services, our internal business purposes, Vooks marketing, development or improvement of our Services, or for any other purpose with your consent. The foregoing license does not permit Vooks to distribute Your Content to other Vooks users via the Services without your prior consent. To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any of Your Content.
Your Content belongs to the Account Creator through whose account Your Content is created or posted. As the Account Creator, you are solely responsible for Your Content. All of Your Content must comply with the use standards set out in these Terms. Vooks does not review or verify Your Content for truth or accuracy. With respect to any Your Content posted by you, you represent that (i) you created and own the rights to Your Content, or you have the owner’s express permission to post such content; and (ii) Your Content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. Your Content will be considered non-confidential and non-proprietary. Vooks is not responsible for storing Your Content. If you cancel your account or terminate these Terms, Vooks reserves the right to permanently delete Your Content with no liability to you.
Your Content must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) infringe any proprietary rights of Vooks or another party; (d) seek to harm or exploit children; (e) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (f) violate Vooks’s or any other party’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (g) be otherwise objectionable as determined by Vooks at our sole discretion. Vooks does not endorse Your Content and has no obligation to monitor Your Content, but we may permanently delete it from the Services for any reason without liability to you. You create and post Your Content at your own risk and you are solely responsible for the results thereof.
You may from time-to-time provide us with materials, communications, suggestions, comments, improvements, ideas, or other feedback related to the Services (“Feedback”). You hereby additionally grant Vooks all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
19. Third-Party Services
You may be able to access third-party websites or other services (“Third-Party Services”) from our Services. Vooks is not responsible for any Third-Party Services. You are solely responsible for your dealings with third parties. Your use of Third-Party Services may be subject to that third-party’s terms and conditions and privacy practices. We do not endorse any Third-Party Services. You hereby agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability or your use of any Third-Party Services or as a result of any reliance placed by you on the completeness, accuracy, or existence of any the information, advertising, products, services, or materials contained on or accessible through any such Third-Party Services.
20. Disclaimer of warranties
YOU USE THE SERVICES AT YOUR OWN RISK. VOOKS MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. VOOKS DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS, THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY VOOKS SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY VOOKS REFLECTING THE CREATION OF SUCH WARRANTY.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOOKS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY – WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE – FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO US FOR YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE-MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By using this service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Services.
You agree to indemnify, defend (at our option), and hold harmless Vooks, our affiliated companies, our non-affiliated partners, and their respective parent companies, affiliates, subsidiaries, officers, directors, members, managers, employees, agents, third-party content providers, sponsors or licensors (collectively the “Vooks Indemnities”) from and against any and all claims, losses, damages, liabilities and expenses (including legal fees and expenses), resulting from or arising out your: (i) violation of these Terms; (ii) negligent, willful misconduct, fraud, or strict liability; (iii) use, misuse and/or access of the Services; (iv) violation of any applicable law; (v) Your Content that you post, store, or otherwise transmit in or through the Services; or (vi) violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. You further understand and acknowledge that we take no responsibility and assume no liability for any content posted by you or any third party, and you, not us, have full responsibility for Your Content, including its legality, reliability, accuracy, and appropriateness. Vooks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Vooks, and you agree to cooperate with Vooks’s defense of these claims, at your sole cost and expense, and such amounts shall be paid to us on demand in immediately payable funds.
You may close your account and unsubscribe from your subscription (“Termination”) at any time and for any reason by logging into your account and following the account closure process or by contacting Vooks at firstname.lastname@example.org. Immediately upon Termination, (i) all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use the Services and (ii) you must immediately discontinue all use of the Services. Your obligation to pay accrued fees will survive any Termination. We may terminate your account and subscription at any time with or without notice if you breach any of these Terms or for no reason by giving you notice of such termination. Our rights and your obligations under these Terms shall not be affected by the Termination of your Account.
24. Dispute Resolution
You agree that any dispute, controversy, or claim between you and Vooks arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Services to you; (iii) your access to or use of the Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the dispute resolution provisions in this section. Attorney’s fees shall be awarded to the prevailing party of any Dispute.
a. Informal Dispute Resolution
We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Vooks, you agree to try to resolve the Dispute informally by contacting email@example.com. Vooks will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after you contact Vooks, you or Vooks may bring a formal proceeding.
b. Arbitration Agreement
You and Vooks each agree to resolve any Disputes through final and binding arbitration administered by the Arbitration Service of Portland, Inc. (“ASP”), and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The arbitration will be held in Portland, Oregon, United States, or any other location Vooks agrees to. The ASP rules will govern the payment of all arbitration fees. Notwithstanding the foregoing, either you or Vooks may assert claims, if they qualify, in small claims court in Portland, Oregon or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
c. Class Action Waiver
You may only resolve Disputes with Vooks on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms. You further agree that you will not bring any claim personally against any officers or employees of Vooks.
d. Governing Law
These terms and conditions will be governed by and construed in accordance with the laws of Oregon, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Oregon, USA. You and Vooks each agree to waive the right to a jury trial.
25. General Terms
a. Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
b. Geographic Restrictions
Vooks is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
c. Void where prohibited
Use of the Services is void where prohibited. Vooks reserves the right to limit, in our sole discretion, the provision and quantity of all or certain Services to any person or geographic area.
You may not assign, delegate, or transfer these Terms without Vooks’s prior written consent, but Vooks may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation, or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.
e. Entire Agreement
Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Vooks and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between Vooks and you regarding the Services.
Vooks reserves the right (but is not required) to remove or disable your access to the Services, disable any username, password, or other identifier, whether chosen by you or provided by us, or remove any of Your Content at any time and without notice, and at our sole discretion if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Vooks, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
g. Waiver; Severability
Vooks’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given to you via email by posting to the Services. For notices made by email, the date of receipt of the message will be deemed the date on which such notice is transmitted. Send notices to Vooks at Vooks Inc., PO Box 6449, Beaverton, OR 97007, United States.
26. Consent to Do Business Online
By accessing the Services, registering for or using the Services, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) Vooks communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at firstname.lastname@example.org. Agreements and transactions executed prior to this request will remain valid and enforceable.
27. Terms Updates
Vooks may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and will apply to all access to and use of the Services thereafter. Your continued use of the Services after the posting of amended Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must discontinue all use of the Services.