LEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO
NOT
HAVE OUR PERMISSION TO USE OUR SERVICES.
This End User Service Agreement (“Agreement”) is made by and between you and Vahoma.
(Vahoma” , “we” , or
“us”).
WHEREAS Vahoma entities” includes Vahoma and its subsidiaries, affiliates, officers,
employees, agents,
partners and licensors;
WHEREAS Vahoma operates and maintains its literature platform, including the website
Vahoma, along
with other related websites, networks, software, and applications (collectively, the “Platform”);
WHEREAS Vahoma through the Platform provide you online literature reading services (“Services”),
including,
but not limited to, literary works (such as fictions, short stories, essays, etc.), comics, animations, and
other
types of media. The literary works, functions and other services provided through the Platform and where the
context
permits, applications, and software downloaded from the Platform collectively constitute the “Services”;
WHEREAS “Intellectual Property Rights” means and includes, without limitation, copyrights, patents,
trademarks,
moral rights, and trade secrets, all other intellectual property rights and intangible legal rights or interests
recognized in any country or jurisdiction in the world, and including, without limitation: (a) any concept,
computer
program, content, customer data, customer information, customer list, data, design, development, discovery,
documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code,
plan,
procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of
authorship, and moral rights, including, without limitation, any right to claim authorship of a work, any right
to
object to any distortion or other modification of a work, and any similar right, existing under the law of any
country in the world, or under any treaty, (c) inventions, invention disclosures, know-how, letters patent,
means,
methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts
and
foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions,
renewals,
reissues, extensions, and the like, (d) service marks, trademarks, trade dress, and trade names, (e) trade
secrets,
with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f)
any
other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all
on
a worldwide basis.
WHEREAS by clicking “i accept,” or by downloading, installing, or otherwise accessing or using the services or
any
content provided through the platform, you acknowledge that you have read, understood, and agree to be bound by
the
following terms and conditions and other related terms and conditions, including the privacy policy (together,
the
“Terms”);
WHEREAS Non-Author User Content includes messages, photos, video, images, folders, data, text, feedback,
suggestions and comments regarding the Services, other types of works and what you have created and made on the
Platform (collectively “User Content”);
YOU ACKNOWLEDGE THAT YOU ARE NOT CONSIDERED, AND SHALL NOT PRESENT YOURSELF AS, AN AGENT, EMPLOYEE, JOINT
VENTURER, INDEPENDENT CONTRACTORS OR PARTNER OF Vahoma (OR ANY OF ITS RESPECTIVE AFFILIATES,
PUBLISHING
PARTNERS, LICENSORS OR LICENSEES). NOTHING IN THIS AGREEMENT WILL BE DEEMED TO PLACE THE PARTIES IN THE
RELATIONSHIP
OF EMPLOYER-EMPLOYEE, INDEPENDENT CONTRACTORS, PRINCIPAL-AGENT, PARTNERS OR JOINT VENTURERS.
YOU MAY NOT ASSIGN OR TRANSFER THE TERMS, OR YOUR RIGHTS OR OBLIGATIONS UNDER THE TERMS, IN WHOLE OR IN PART,
BY
OPERATION OF LAW OR OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN OUR RIGHTS OR OBLIGATIONS UNDER
THE
TERMS AT ANY TIME WITHOUT NOTICE OR CONSENT.
THE FAILURE TO REQUIRE PERFORMANCE OF ANY PROVISION WILL NOT AFFECT OUR RIGHT TO REQUIRE PERFORMANCE AT ANY
OTHER
TIME AFTER THAT, NOR WILL A WAIVER BY US OF ANY BREACH OR DEFAULT OF THE TERMS, OR ANY PROVISION OF THE TERMS,
BE A
WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT OR A WAIVER OF THE PROVISION ITSELF.
USE OF SECTION HEADERS IN THE TERMS IS FOR CONVENIENCE ONLY AND WILL NOT HAVE ANY IMPACT ON THE INTERPRETATION
OF
ANY PROVISION.
IF ANY PART OF THE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE UNENFORCEABLE PART WILL BE GIVEN EFFECT
TO
THE GREATEST EXTENT POSSIBLE, AND THE REMAINING PARTS WILL REMAIN IN FULL FORCE AND EFFECT.
Vahoma MAY AMEND OR MODIFY THE TERMS AT ANY TIME IN OUR SOLE DISCRETION. AMENDMENTS AND/OR
MODIFICATIONS WILL
BE EFFECTIVE IMMEDIATELY AFTER PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY THEREOF, AND YOU
WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH AMENDMENTS OR MODIFICATIONS. WE WILL INDICATE AT
THE
TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO, AND ARE RESPONSIBLE FOR, CHECKING THE TERMS
PERIODICALLY, AS THEY MAY BE AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE OUR SERVICES, YOU ARE
SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST
STOP
USING OUR SERVICE(S).
Ownership and License
1. Platform and Services
The Platform and the Services are the valuable property of Vahoma and its licensors and are
protected by
copyright and other intellectual property laws and treaties. We and our licensors own all rights, titles, and
interest in and to the Platform and Services, including all copyright and other Intellectual Property Rights in
the
Platform and Services. The Platform and any documentation on the Platform are provided to you solely in
accordance
with this Agreement and are licensed, not sold. This Agreement and the license rights provided to you hereunder
do
not transfer to you any title or ownership, interest in or to the Platform or the Service or any Intellectual
Property Rights therein.
2. License
Subject to the Terms of this Agreement and the Terms that govern your use of the Services and your compliance
with
any rules of conduct, we hereby grant you a personal, limited, non-transferable, non-sublicensable, and
non-exclusive license to use the Services provided by Vahoma through the Platform, for your own
personal,
non-commercial entertainment use. The preceding states the entirety of your rights with respect to the Services
and
the Platform, and we reserve all rights not expressly granted to you in this Agreement.
Without limiting the forgoing, you agree you will NOT do, or authorize or permit any third-party to do, any of
the
following:
- - Use the Services for any illegal purpose or in violation of any local, state, national, or international
law;
- - Use the Services for any commercial or business purposes or for any purpose other than your own personal
entertainment use;
- - Violate any right of a third-party, including by infringing or misappropriating any third-party
Intellectual
Property Right;
- - Interfere with security-related features of the Platform, including without limitation: (a) disabling or
circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or
otherwise attempting to discover the source code of any portion of the Platform or Services;
- - Interfere with the operation of the Platform or any user’s enjoyment of the Services, including, without
limitation: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious
code;
(b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect
personal information about another user or third party without consent; or (d) interfering with or disrupting
any
network, equipment, or server connected to or used to provide the Service, or violating any regulation,
policy, or
procedure of any such network, equipment, or server;
- - Perform any fraudulent activity including impersonating any person or entity, claiming a false
affiliation,
accessing any other Service account without permission, or falsifying your age or date of birth; or
- - Attempt to perform any of the acts described in this section, or assist or permit any person in engaging
in
any of the acts described in this section.
3. Non-Author User Content
Certain features of the Services may permit you to upload new User Content to the Platform, and to publish
User
Content on the Platform. The Services may also permit you too upload literary works and other content as an
Author;
doing so requires your agreement to the Author Agreement and is not covered by this Agreement.
3.1 Limited License Grant to Vahoma
By uploading or publishing Non-Author User Content onto the Platform, you grant Vahoma a worldwide,
non-exclusive, perpetual, royalty-free, fully-paid right and license (with the right to sublicense) to host,
store,
transfer, display, perform, reproduce, transmit, broadcast, modify for the purpose of formatting for display,
and
distribute your User Content, in whole or in part, in any media formats, and through any media channels now
known or
hereafter developed.
You hereby further agree to assign to Vahoma all right, title, and interest in and to any and all
User
Content, , and do hereby assign to Vahoma all rights, improvement, materials, and information on the
results of
tests and evaluations of the Platform or Services regarding the performance, features, and functionality of the
Platform or Services and any and all inventions regarding an improvement of, or other change or addition to, the
Platform or Service formulated or produced, in whole or in part, as a result of your User Content or what you
have
created or made, and all Intellectual Property Rights embodied therein, or resulting from, such User Content.
and
you hereby agree to cooperate with Vahoma in connection with the protection thereof and shall execute
such
documents (such as further deeds of transfer and assignment), if any, as required by Vahoma to perfect
its
rights hereunder.
You agree that all User Content may be used by Vahoma to improve or enhance the Platform and
Services and,
accordingly, to the extent the foregoing assignments do not transfer any ownership, interest in or to the User
Content and the results thereof to Vahoma, you hereby grant to Vahoma an exclusive,
perpetual, irrevocable,
fully sublicensable, transferable, royalty free, worldwide right, and license to copy, reproduce, modify, create
derivative works of, publicly perform, publicly display, distribute, market, offer for sale, sell, have sold,
import, have imported, make, have made, use, have used, and commercially exploit the User Content and all of the
information and contents of any and all such User Content without restriction.
3.2 Limited License Grant to Other Users
By uploading or sharing User Content with other users of the Services, you grant those users a non-exclusive
license to access and use such User Content, as permitted by these Terms and the functionality of the Service.
Representations and Warranties
You are solely responsible for any User Content that you upload or publish onto the Platform, and you are
responsible for the consequences of posting or publishing such User Content. By posting or publishing User
Content,
you represent and warrant that:
- - You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and
permissions to authorize Vahoma and users of the Service to use and distribute your User Content as
necessary
to exercise the licenses granted by you in this section, in the manner contemplated by Vahoma, the
Service,
and these Terms; and
- - Your User Content, and the use of your User Content as contemplated by these Terms, does not and will
not:
(i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent,
trade
secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary
right;
(ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other
person; or (iii) cause Vahoma to violate any law or regulation.
Accounts and Registration
To access the Services, you must register for an account through the Platform. By agreeing to these Terms, you
represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you have not previously
been
suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance
with
all applicable laws and regulations. If you are under 18, you should have first obtained your parent’s or
guardian’s
permission before the registration of an account on the Platform.
If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that
you
have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf
of
that organization.
When you register for an account, you may be required to provide us with your personal information , such as
your
email address or other contact information. You agree that the information you provide to us is accurate and
that
you will keep it accurate and up-to-date at all times. When you register, you will be asked to set up a password
for
your account. You are solely responsible for maintaining the confidentiality of your account and password, and
you
accept responsibility for all activities that occur under your account. If you have reason to believe that your
account is no longer secure, then you must immediately notify us at [email protected]
Purchase and Payment
Vahoma may charge for certain Services under certain rates displayed on the Platform. Before you pay
any fees,
you must review the fee policy and method on the Platform, then accept the fees that you will be charged. All
fees
are in U.S. dollars and are non-refundable. If Vahoma changes the rates for any Service(s), including
by adding
additional fees or charges, Vahoma will provide you advance notice of such changes. If you do not
accept the
changes, Vahoma may discontinue the Service to you. Vahoma will charge the payment at the
rate in effect at
the time of purchase. You authorize Vahoma to charge all sums as described in these Terms, for the
Service you
select.