Registered User Agreement
VORT Corporation Terms of Use (TOU)
Please Note: When you purchase a subscription and Register to use PPOD, you will be asked to agree to the following, consistent with industry standards:
VORT CORPORATION (“VORT”) IS THE OPERATOR OF THIS WEBSITE (THE “SITE”) AND THE SERVICE (AS DEFINED BELOW). VORT HAS ADOPTED THE FOLLOWING TERMS WHICH SETS FORTH THE TERMS AND CONDITIONS UPON WHICH VORT PERMITS YOU TO REGISTER WITH THE SITE IN ORDER TO ACCESS AND USE THE SERVICE (AS DEFINED BELOW).
BY CLICKING THE CHECKMARK TO THE RIGHT OF “AGREE” AND PROCEEDING TO REGISTER AN ACCOUNT VIA THIS SITE (EACH A “SITE ACCOUNT”), YOU AGREE TO BE LEGALLY BOUND BY EACH PROVISION CONTAINED IN THIS REGISTERED USER AGREEMENT (THE “AGREEMENT”). IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK CANCEL AND DO NOT REGISTER AN ACCOUNT WITH THIS SITE IN ANY MANNER.
IF YOU WISH TO PRINT OUT THIS AGREEMENT, HIGHLIGHT ALL TEXT HEREIN, RIGHT-CLICK, SELECT “COPY” THEN “PASTE” IT INTO A DOCUMENT IN A WORD PROCESSING PROGRAM OF YOUR CHOICE. IF YOU BELIEVE AN ERROR HAS BEEN MADE WITH RESPECT TO THE ESTABLISHMENT OF YOUR ACCOUNT WITH THE SITE, CONTACT VORT AT CUSTSERV@VORT.COM SO CORRECTIONS CAN BE MADE AND/OR ACCOUNT DELETION MAY OCCUR.
AGREEMENT
Introduction
Users that establish a Site Account will have the ability to use VORT’S online Kontinuums-based tools (“The Services”). The terms of this Agreement shall apply to any use by you of The Services, whether directly via the Site or through use of any VORT mobile applications downloaded by you (a “The App”).
Right to Amend this Agreement
VORT reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time by requiring you to agree to any such changes upon your attempt to sign-in to your Site Account. Notwithstanding the foregoing, your current use of your Site Account or The Services in any manner after any such changes occur shall constitute your acceptance of the new terms. Should you have any questions regarding the specific terms of this Agreement (as amended), please direct them to custserv@vort.com. In addition to prompting you to accept any changes upon sign-in, VORT shall take reasonable efforts to provide registered members notice (via e-mail, push notification, text message, or other automated format) of any material and substantial changes to this Agreement.
Account Registration
When and if you decide to register as a registered user of The Services and establish a Site Account to use The Services, you agree to provide and maintain accurate, current and complete information about yourself (as prompted by our online registration form). You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, VORT reserves the right to terminate your membership and your access to and use of The Services. As part of the account set-up and registration process, you may be asked to select a username and password which must be acceptable by VORT in its sole discretion.
Passwords and End-User Responsibilities Related to Use of The Services
You agree you are entirely responsible for maintaining the confidentiality of any password and Site Account information that you may create now or in the future. You agree you are entirely responsible for any and all activities that occur under your account, including, without limitation and by way of example only, ensuring you sign-off from your Site Account (within the Site and/or any The App) after ending a session within The Services. You agree to notify VORT immediately of any unauthorized use of your account or any other breach of security. You agree you, and not VORT, shall be solely liable for any loss or damage that may be incurred as a result of someone else using your password or account, either with or without your knowledge, to access your Site Account and/or otherwise use The Services (or gain access to information contained therein) via your Site Account. You also agree that you are entirely responsible for ensuring no unauthorized person uses or access any of your hardware devices used by you to access The Services, including, without limitation, your personal computer(s), mobile phones, tablets or any other equipment that enables you to access the Site or The Services. By way of example, it is solely your responsibility to password protect your mobile phone and you assume all risks associated with you disabling any protective system(s). VORT cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Membership Eligibility
The Services are designed for parents, guardians, and caregivers of children. Therefore, you must be at least eighteen years of age to register a Site Account; provided, however, that if you are under the age of 18 and are a parent you may be permitted to register a Site Account by contacting VORT at custserv@vort.com. IF YOU ARE UNDER THE AGE OF 18, REGISTRATION AND ACCESS TO The Services SHALL ONLY BE PROCESSED AND GRANTED VIA DIRECT CONTACT TO VORT THROUGH THE AFOREMENTIONED E-MAIL ADDRESS. By registering a Site Account via the Site, you are representing and warranting to VORT that you are at least 18 years of age.
Fees and Payments
VORT reserves the right to charge fees for use of or access to The Services in VORT’s sole discretion. If VORT decides to charge fees, such charges will be disclosed to you prior to the imposition of any fees. VORT further reserves the right to establish fee payment policies in VORT’s sole discretion. VORT, in its sole discretion, may adopt payment and refund policies which will supplement the terms contained herein.
Incorporation of Site Terms of Use and Privacy Policy; App Agreements
This Agreement hereby incorporates by reference VORT’s Terms of Use located at http://www.vort.com/cservice/usePolicy.html (the “TOU”) and the Site’s privacy policy located at http://www.vort.com/privacy.html (the “Privacy Policy”), each of which may be amended and modified in accordance with each of their terms. If any provision in this Agreement conflicts with a provision in the TOU, the TOU shall govern. If any provision in this Agreement conflicts with a provision in the Privacy Policy, the Privacy Policy shall govern. Moreover, if any term contained herein conflicts with any term contained in any agreement which you agree to be bound related to the downloading and use of a The App (the “App Contract”), the term contained in the App Contract shall govern and control for all purposes.
Your Obligations Related to Content Uploaded and/or Stored Via The Services
You are solely responsible for any content, information, data, photos, audio or video, or profiles that you upload, publish or display via your use of your Site Account and The Services (collectively the "Data"). You understand and agree that VORT may review and delete or remove any Data that in the sole judgment of VORT violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members or any other third parties.
By uploading, publishing or displaying Data through use of The Services, you automatically grant, and you represent and warrant that you have the right to grant, to VORT an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Data in any manner so long as such use in conformity with Privacy Policy (as defined below).
If The Services in any manner enables sharing of information, bulletin board services, chat areas, forums, communities and/or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper, legal, non-offensive, or threatening. VORT has no obligation to monitor the Forums. However, VORT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VORT’s sole discretion. You acknowledge that all information contained in any Forum is public and not private communications, and therefore that your communications may be read by others without your knowledge. VORT does not control or endorse the content, messages or information found in any Forum and, therefore, VORT specifically disclaims any liability with regard to any Forum and any actions resulting from your participation in any Forum.
VORT’s Proprietary Rights in The Services; Non-Commercial Use
The Services and all software, content and information used in connection with The Services available via the Site or a The App (except solely for Data) (collectively "The Content") are the proprietary property of VORT or its partners or licensors and is protected by applicable intellectual property and other laws. All rights reserved. Except as expressly provided herein, the The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without VORT’s prior written permission or except as expressly permitted pursuant to a term of this Agreement.
VORT grants you a personal, non-transferable and non-exclusive right and license to use its The Content on a computer or Internet enabled device (e.g., a smartphone) solely to access and use The Services for personal, non-commercial use; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any portion of the The Content. You agree not to modify the The Content in any manner or form, nor to use modified versions of the The Content, including (without limitation) for the purpose of obtaining unauthorized access to The Services. You agree not to access The Services by any means other than through the interface that is provided by VORT for use in accessing The Services.
All trademarks, logos, trade dress and service marks on the Site or accessible via use of The Services are either trademarks of VORT or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VORT.
YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH The Services(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, COPY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF. YOU ALSO MAY NOT USE ANY SUCH SOFTWARE EXCEPT TO USE The Services AND ACKNOWLEDGE ANY SUCH IMPROPER USE SHALL BE DEEMED A BREACH OF THIS AGREEMENT AND AN INFRINGEMENT OF VORT’S COPYRIGHTS.
Use of The Services is As Is.
The Services and the Site may be temporarily unavailable from time to time for maintenance or other reasons. VORT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. VORT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your computer, mobile phone, tablet or other equipment related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site or your use of The Services.
TO THE FURTHEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL VORT BE RESPONSIBLE FOR ANY LOSS OR PHYSICAL DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE (INCLUDING YOUR USE) OF THE SITE OR The Services, ANY DATA, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE, The Services, AND ALL RELATED The Content ARE PROVIDED "AS-IS" AND VORT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VORT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR The Services AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FULLY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR The Services.
General Practice Regarding Use and Storage
VORT may establish general practices and limits concerning use of The Services, including without limitation the maximum amount of Data that may be uploaded and stored via use of The Servicesand the maximum disk space that will be allotted on VORT’s servers on your behalf. You agree that VORT has no responsibility or liability for the deletion or failure to store any Data maintained or transmitted by use of The Services. You acknowledge that VORT may, but is not required to, log off accounts that are inactive for an extended period of time.
Right to Modify The Services
VORT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Services (or any part thereof) with or without notice. You agree that VORT shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Services (or any part thereof) except to the extent expressly stated in any written VORT refund policy.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL VORT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR The Services, EVEN IF VORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, VORT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU TO VORT FOR YOUR USE OF The Services.
Governing Law and Venue
This agreement and performance under this agreement shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
Indemnity
You agree to indemnify and hold VORT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, your Site Account, or The Services in violation of this Agreement or your violation of any law or the rights of a third party.
VORT’s Right to Terminate and Other Membership Restrictions
Site Account registration and use of The Services is void where prohibited. By using the Site, accessing your Site Account, or using The Services, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement. VORT may terminate and delete your Site Account, your access to all or portions of the Site, The Services or your use thereof for any reason or no reason at any time, in VORT’s sole discretion. Without limiting VORT’s rights described in the previous sentence, you acknowledge that The Services and your Site Account are intended to be used as one account per person and VORT, in its sole discretion, may terminate any such accounts if you abuse VORT’s "one-account-per-person" policy. You may terminate your Site Account and access to The Services by submitting a termination request to VORT at custserv@vort.com. Termination of your Site Account includes any or all of the following: (a) removal of access to all or part of the offerings within The Services, (b) deletion of your password and all related Data associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of The Services.
Miscellaneous
This Agreement, the TOU, the Privacy Policy and any applicable App Contract constitutes the entire agreement between you and VORT regarding your registration of a Site Account and use of The Services (via the Site and/or any The App), superseding any prior agreements between you and VORT relating to the foregoing. The failure of VORT to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.