Your Privacy, Our Policy
Disclosure of personal information
We want you to feel confident about using the Site and we are committed to protecting the personal information that we collect. We limit access to personal information about you to employees, agents or partners who reasonably need access to it to provide products or services to you, or in order to do their jobs. We have appropriate technical and organizational measures in place to protect the personal information you provide to us against unauthorized or unlawful use and against accidental loss, damage or destruction. Our obligations is to act responsibly with personal information, including to ensure that it is:
- create your Pagevamp account;
- deal with your inquiries and requests;
- processed fairly and lawfully;
- processed for limited purposes and in an appropriate way;
- adequate, relevant and not excessive for the purpose;
- not kept longer than necessary for the purpose;
- processed in line with data subjects' rights;
- not kept longer than necessary for the purpose and
- not transferred to people or organizations situated in countries without adequate protection.
We may disclose your personal information to the police or other regulatory authorities if we are legally required to do so as part of an investigation into illegal activities or as part of legal proceedings or prospective legal proceedings. If we are required to disclose personal information to any person outside the United States or the country of domicile of the provider of such information, we will take commercially steps reasonably necessary to ensure that your personal information is treated securely and in accordance with applicable U.S. and European Union laws with respect to data security.
Information we gather
Pagevamp may collect personal information from users who use and sign up to the Service. The personal information that we collect includes names, street addresses, phone numbers and email addresses. For certain Services, we may also request a credit card number, governmental identification, number, or other financial information. We may use your information to:
- create your Pagevamp account;
- deal with your inquiries and requests;
- allow you to participate in any interactive features on the Site, where you choose to do so;
- send you relevant communications, including announcements and administrative messages;
- send you newsletters and information about products, services and promotions relating to us and/or our Partners or other organizations that we work with, in accordance with your communication preferences (you can control these updates);
- understand how our customers use our services so that we can continuously improve the Site and the services we offer.
We may also generate, use and disclose aggregated and/or non-personal information and statistics about the Site for marketing and strategic purposes. You will not be individually identifiable from these aggregated and/or non-personal information and statistics. The Site may also use google analytics and cookies to recognize visitors to http://pagevamp.com for us to analyze general user traffic patterns. Pagevamp occasionally obtains IP addresses from users depending upon how you access our web sites. IP addresses, browser and session information may be used for various purposes, including to:
- diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP;
- estimate the total number of users visiting Pagevamp's web sites from specific geographical regions;
- help determine which users have access privileges to certain content, services or resources that we offer; and
- monitor and prevent fraud and abuse.
We receive and may store any information you enter on our Site, or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us for support, we may keep an internal record of the support given.
We may also use your information to present a co-branded offer with our partners or affiliates. If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy statement applies. Pagevamp is not responsible for the use of your information by partners or affiliates. Pagevamp is only responsible for personal information provided to Pagevamp by persons having the authority to provide such information.
If you sign up for a Pagevamp account, we require your billing information in order to process the transaction. We will retain the last 4 digits of your credit card number and credit card type, so that you may identify the card in the future. We do not store any billing information. The information is discarded after your transaction has been processed and accepted. Your subscription’s default setup will be auto-renewing, as a result a recurring subscription will be created at our payment gateway, Stripe, which is a third-party electronic payments vendor. Stripe will store your billing information on its secure payment gateway for as long as necessary to carry out the terms of your subscription. Should you cancel your subscription, your billing information will be immediately removed by Stripe. For more information on Stripe’s terms of services, visit https://stripe.com/us/terms. All transactions are processed over an industry standard SSL/TLS connection.
We have no access to your credit/debit card details, but we may have access to your billing address and payment history in order to assist with customer service enquiries. Under no circumstances are these details disclosed to any third parties.
Information Within Sites
You may include personal identifiable information in the site you create with Pagevamp. If so, this is entirely at your own risk and we are in no way liable for the disclosure of this information. We reserve the right to promote from time to time sites built with Pagevamp in accordance with our terms and conditions. If so, we will make reasonable efforts to obtain the consent from the site administrator in advance.
What Happens if You or I Terminate the Account?
When your account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status on our relevant databases. However, deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information as necessary in order to comply with our legal obligations, resolve disputes, or enforce our agreements.
Updating Your Information
You may alter, update or deactivate your account information or opt out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your account information or contact preferences.
- You may send an email to email@example.com
- You may visit your online Account
- You may send mail to Pagevamp at the following postal address:
Transfer of Data Abroad
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN's rules, regulations and policies.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
Use of third party add-ons
If you have a privacy concern regarding Pagevamp, or this policy, and if you cannot satisfactorily resolve it through the use of those sites, products or services, you should write to us by email at firstname.lastname@example.org or by mail at:Pagevamp, Inc. 222 Broadway St New York, NY 10038
Acceptance of Terms
By connecting to Pagevamp with Facebook or Facebook Connect, you give us permission to access and use your information from Facebook as permitted by Facebook. You are solely responsible for all activities that occur in your account. By providing us your email address through Facebook Connect you agree to allow us to send you Service-related notices. We will also use your email address to communicate with you when, including and not limited to, there are changes to the features of the Service.
1.2 When using Pagevamp, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time on our website. All such guidelines or rules are hereby incorporated by reference into the T&Cs.
1.3 Pagevamp contains a large number of images, artwork and other data, some of which is on license from its copyright owners. You are not permitted to download or use any widgets or other material from Pagevamp or use such material other than for display on Pagevamp.
1.4 The nature of Pagevamp's technology means that it is impossible for you to own a copy of your Pagevamp site. If the Company's business changes, or for any other reason the Company cannot continue to host your site, you will lose it. If you do not have access to Facebook, you will not be able to control your site. You agree not to hold the Company liable and the Company accepts no liability in the case of the loss of all data relating to your site or the ability to administer your site using Facebook. You are strongly advised to keep copies of any data, images, music or otherwise that you upload onto Pagevamp.
When using Pagevamp, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time on our website. All such guidelines or rules are hereby incorporated by reference into the T&Cs.
1.5 PLEASE NOTE: By using the Service, you may be exposed to content that is offensive, indecent or objectionable. All minors are recommended to consult with their parents/guardians in respect of these T&Cs before using Pagevamp.
Description of Service
Pagevamp currently provides or allows browsing and/or access to a Facebook account to create your own web site hosted on Pagevamp ("Member Site") and to administer such a Member Site as a leader ("Site Leader") through Pagevamp or its reseller partners. Unless explicitly stated otherwise, any new features that augment or enhance Pagevamp, including the release of new services, software tools or resources, shall be subject to the T&Cs. The Company may add, delete or change some or all of the services provided as part of Pagevamp at any time. Unless otherwise stated these T&Cs apply to you whether you are a casual user of Pagevamp, a Member, a Site Leader, a reseller partner or other user.
PLEASE NOTE: Some of the sites hosted on Pagevamp contain adult or mature content. You must be at least 18 years of age to view such areas.
Subscription, Cancellation and Refunds
3.1 Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. We reserve the right to change our prices at any time. For current prices and offers, please visit the “pricing” section on
http://pagevamp.com/. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellations must be done by emailing us at email@example.com and must be done at least three (3) days prior to the end of the contract term. If you have signed up for a Full Account paid annually and cancel your account within the first thirty (30) days, you will be refunded the total amount paid minus twelve dollars ($12) for the domain registration. Refunds don’t apply to users who are on a monthly paid subscription model.
3.2 The Company presently uses third parties, Stripe and PayPal (collectively, our “Payment Services”), to manage its subscription payment transactions via credit/debit card. Upon subscription by this method you will be authorizing immediate payment and future payments on a frequency chosen by you during the payment steps using the card details you submit.
3.3 You can cancel your subscription at any time. Please note that should you cancel your subscription your site(s) will remain accessible until your subscription ends, upon which time your site(s) will be locked, i.e. become inaccessible. Upon cancellation or other termination, the Company will hold on to your site for at least 180 days, after which time the site and all its contents will be deleted.
3.4 Refunds are only provided at the discretion of the Company. If for any reason you wish to request a refund, please email firstname.lastname@example.org to make such request.
3.5 If your account is terminated as a result of your breach of these T&Cs, the remainder of any payment made by you may not be refundable.
3.6 Please note that deleting your sites does not cancel your subscription - you need to cancel the subscription by contacting customer service at email@example.com. Neither the Company nor our Payment Services take any responsibility for additional funds taken from your credit card unless you have taken all necessary actions to cancel your subscription.
4.1 By completing the registration process, either as a Site Leader or as a Member of Pagevamp, you are stating that you agree to be bound by all of these T&Cs.
4.2 In consideration of your use Pagevamp, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Pagevamp registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of Pagevamp (or any portion thereof).
5.1 The Company may from time to time engage reseller partners ("Partners"). Members who build Member Sites through a Partner will continue to be bound by these terms and conditions.
5.2 In addition, Partners may offer additional services as part of their Pagevamp-related offering including Partner URLs. The Company will not be liable for any withdrawal of additional Partner services including Partner URLs. The Company at its sole discretion may offer an alternative URL to Site Leaders in event of withdrawal of Partner URLs.
Code of Conduct
6.1. You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, [email] or otherwise transmit via Pagevamp.
6.2. Except for information about the Company or its business or use of the services, Pagevamp does not control the content posted via Pagevamp and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, 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 or otherwise transmitted via Pagevamp.
6.3. You undertake not to use Pagevamp to:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortious, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
(d) harm minors in any way;
(e) create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without all legally required and otherwise suitable warning to browsers of the nature of the site prior to viewing the content;
(f) impersonate any person or entity, including, but not limited to, a Pagevamp official, Site Leader, Member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Pagevamp;
(h) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Pagevamp Site that are designated for such purpose;
(i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of Pagevamp are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(k) interfere with or disrupt Pagevamp or servers or networks connected to the Pagevamp, or infringe any requirements, procedures, policies or regulations of networks connected to Pagevamp, or interfering with another user's use and enjoyment of Pagevamp, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorized access to Pagevamp, other's accounts on Pagevamp, or private mailing lists on Pagevamp through password mining or any other means;
(l) intentionally or unintentionally violate any applicable local, state, national or international law.
(m) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(n) collect, store, or distribute personal data about other users without their consent;
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites;
(p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising);
(q) violate Facebook’s terms and conditions or privacy policies; or
(r) engage in commercial activities that are deemed inappropriate on Pagevamp. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc. that they feel fall into this category.
6.4. In addition, the Company in no way endorses or takes responsibility for any goods, services or content that is posted on any Member site.
6.5. Any correspondence or business dealings with, or participation in activities found on or through Pagevamp, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Pagevamp.
6.6. The Company has the right at any time to change its subscription or other commercial terms, subject to existing contractual arrangements
6.7. It should be noted that the use of any third party payment mechanisms are the sole responsibility of the Site Leader and the Company takes no responsibility for any such use.
6.8. You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via Pagevamp. Without limiting the foregoing, the Company shall have the right to remove any content that violates the T&Cs or which is otherwise objectionable in the judgment of the Company. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created on Pagevamp or submitted to Pagevamp, including, but not limited to, information in Pagevamp discussion forums, bulletin boards, chat areas, news groups message boards, forums, and in all other parts of Pagevamp. The Company disclaims all liability or responsibility for such information. The Company reserves the right to terminate or restrict your access to any or all of the Member Sites at any time without notice for any reason whatsoever.
6.9. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the T&Cs; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
6.10. You understand that the technical processing and transmission of Pagevamp, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Pagevamp disclaims all responsibility for the processing or transmission of such content.
Intellectual Property Right and Licenses
7.1. All copyright, design rights and other intellectual property rights owned by you in any text, software, music, sound, photographs, graphics, video, page layout and design or other material which you upload or post to Pagevamp (collectively referred to in these T&Cs as “Member Content”) shall remain your property and, in accordance with paragraph 7.3(c), you shall not upload or post any Member Content that infringes the intellectual property rights of any party.
7.2. By uploading any Member Content to Pagevamp, you grant the Company and its successors a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to display and reproduce such Member Content, both digitally and in print, without any duty to account to you. You grant Pagevamp the right to use your content for Pagevamp's promotional purposes. You further agree that upon posting any Member Content within a private, members-only group on Pagevamp, you grant the Company and its successors a non-exclusive world-wide, royalty free, perpetual, non-revocable license to distribute, display, and reproduce such material to other members of that group. You also grant the Company the right to authorize the downloading and printing in whole or in part of any material that you have posted to a group on Pagevamp, by end-users for their personal use.
7.3. You acknowledge and agree that all content other than Member Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Pagevamp or information presented through Pagevamp by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that the Company can display images and text throughout Pagevamp, including the insertion of sponsor messages into messages distributed on Pagevamp mailing lists. If you create a Member Site, you agree to display prominently on your home page or equivalent and in such other parts of the Member Site as the Company may require the Pagevamp name and logo. Content received through Pagevamp may be displayed, reformatted, and printed by you for your personal, non-commercial use only. The Company grants you a personal, non-transferable and non-exclusive right and license to use the trademark "Pagevamp" and you undertake that upon termination of your use of Pagevamp (including if you decide to move to another host) all such rights in the trademark and all other rights granted to you hereunder will cease forthwith.
7.4. You acknowledge and agree that the Company owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of Pagevamp, the Pagevamp software and, subject to paragraph 7.1 above, any content posted on Pagevamp other than Member Content.
7.5. Except as expressly authorized by the Company or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license, distribute or create in any way content and/or derivative works from Pagevamp, other than Member Content, in whole or in part.
7.6. You agree to refrain from copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of Pagevamp. You agree not to modify the Pagevamp software in any manner or form, or to use modified versions of the Pagevamp software, including (without limitation) for the purpose of obtaining unauthorized access to Pagevamp. You agree not to access Pagevamp by any means other than through the interface that is provided by for use in accessing Pagevamp. Upon termination of your subscription, the license to use Pagevamp shall cease forthwith.
Advertisements and Promotions
8.1. The Company may run advertisements and promotions. By creating your Member Site, you agree that the Company has the right to run such advertisements and promotions, within the area of the site designated on Pagevamp for that purpose. The manner, mode and extent of advertising on Pagevamp and your site is subject to change without notice.
8.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Pagevamp.
Pagevamp may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
Domain Service Terms
10.1 Domain Services. Upon your request and further subject to these T&Cs, Pagevamp will register an Internet domain name or renew the customer's registration of an existing domain name (the "Domain Name"), with a registrar selected by Pagevamp (the "Registrar"). The Registrar for the Services is Reseller Club, and all new registrations and subsequent renewals of those registrations will be subject to the Reseller Club terms and conditions, located at http://resellerclub.com (the "Registrar Terms").
10.2 Domain Term and Renewal. The term of this agreement related to Domain Services is twelve (12) months. When you renew your services with us, these T&Cs will be renewed for additional 12-month periods, coincident with the term of your services. On the day prior to the renewal date of your domain name, we will attempt to renew the services for an additional year. If our renewal is successful, these T&Cs will be extended for an additional 12 months. If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the service.
10.3 Domain Name. Pagevamp may provide one domain name with a signup of a full account. This domain will be included for the lifetime of your Pagevamp account. The domain name will be registered in Pagevamp’s name; however, you can request it to be transferred to your name at any time. Additional fees may apply. You will also be able to transfer the domain out to another registrar in case of cancellation of Service. Please direct all requests to: firstname.lastname@example.org. Pagevamp cannot assure domain name availability. This offer is not valid on domain renewals or transfers. The free domain name applies only to certain TLD's (.com, .net, .org, .biz, .de, .eu and .uk) when signing up for a new plan. In case of other TLD’s users will be prompted to pay a fee for the domain every 12 months. Amount of the fee varies according to the type of domain. You may not transfer out a domain name within 90 days of registration. Domain name registration orders are subject to Pagevamp Domain Name Registration Terms and Conditions.
10.4 Domain Services Timely Payment. Your use of a domain name is for a finite period of time, measured by the term of your registration. If you do not pay your subscription fees within seven (7) days of the due date, we will close your account and terminate this agreement for Domain Services. If you wish to renew an expired domain 30 days after the date of expiration, a re-registration fee of $60 may be levied on your account.
Selling Through Pagevamp
(a) You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable national and international laws, including Commercial Products sold to individuals outside of the country of residence. Items identified as “not for distribution” within a country may not be sold using the Services.
(b) You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
(c) You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
(d) You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitute “weapons” for purposes of this Agreement.
(e) You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
(f) You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
11.2 Removal of Content. Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.
Disclaimer of warranties
12.1. You expressly understand and agree that:
(a) YOUR USE OF PAGEVAMP IS AT YOUR SOLE RISK. PAGEVAMP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY AND ITS PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THIS SITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, SECURITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(b) Pagevamp is an independent business that uses the Facebook platform for its services. The Company has an arms-length relationship with Facebook. The Company’s relationship with Facebook could end at any time. If the Company’s relationship with Facebook ends, the Company will seek alternative platforms to manage its services in a manner that is least disruptive to the Company and its customers. Notwithstanding the foregoing, if the Company’s relationship with Facebook is discontinued, your Member Site or the ability to update it could be subject to immediate termination. The Company makes no representation, warranty or agreement regarding the services of Facebook. By use of the Pagevamp service, the user understands the foregoing and agrees not to hold the Company responsible for any loss of service or functionality in the event that the Company’s relationship with Facebook ends.
(c) The Company is not responsible for the content of Member Sites, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through Pagevamp.
(d) The Company makes no warranty that (i) Pagevamp will meet your requirements, (ii) that Pagevamp will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Pagevamp will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Pagevamp will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
(e) Any material downloaded or otherwise obtained through the use of Pagevamp is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(e) No advice or information, whether oral or written, obtained by you through or from Pagevamp shall create any warranty not expressly stated in the T&Cs.
(f) The Company makes no warranty that any URL in the form "sitename.partner.com" obtained by building a Pagevamp site though a partner of the Company will be available for use at any future date. In the event of a partner URL being withdrawn the Company will offer an alternative URL in the form "sitename.alternativeurl.com", where the alternative URL is at the sole discretion of the Company.
12.2. Third parties provide much of the material on Pagevamp and the Company shall not be held responsible for any such third party material.
13.1 You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Pagevamp, including, but not limited to:
(a) content posted by you or your agents on Pagevamp or using Pagevamp;
(b) any injury to any person or property caused by products or services supplied through Pagevamp; or
(c) any material which infringes the proprietary or intellectual property rights of any third party.
13.2. The Company shall provide notice to you promptly of any such claim, action or demand as described in paragraph 12.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
No resale of the Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of services or access to services, without the express permission of the Company by separate agreement.
Limitation of Liability
15.1. Your use of Pagevamp is at your own risk. If you are dissatisfied with any of the content or the service or with these T&Cs, or any other rules or policies, your sole remedy is to discontinue use of Pagevamp. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
15.2. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Pagevamp or Facebook; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Pagevamp; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Pagevamp.
15.3. In no event will the Company's liability to any user arising out of or in respect of these T&Cs exceed the amount of fees earned by the Company from such user during the calendar year in which such claim was made.
15.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 14 may not apply to you.
Modifications to the T&Cs or to the Services of Pagevamp
The Company reserves the right to change the T&Cs at any time without notice. Any such change shall be effective as of the effective date as set forth in the T&Cs. The Company also reserves the right at any time and from time to time to modify or discontinue Pagevamp temporarily or permanently, with or without notice to you. Except for the return of any fees paid for Services not provided, you agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of Pagevamp.
Uses and Storage
You acknowledge that the Company may establish general practices and limits concerning use of Pagevamp, including without limitation, the maximum number of days that email messages, message board postings or other uploaded content will be retained by Pagevamp, the maximum number of email messages that may be sent from or received by an account on Pagevamp, the maximum size of any email message that may be sent from or received by an account on Pagevamp, the maximum disk space that will be allotted on Pagevamp's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Pagevamp in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Pagevamp. You acknowledge that the Company reserves the right to delete accounts that are inactive or very little used for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
18.1. You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of Pagevamp, and remove and archive or discard any content within Pagevamp, including any Member Site for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the T&Cs. The Company may also in its sole discretion and at any time discontinue providing Pagevamp, or any part thereof, with or without notice. You agree that any termination of your access to Pagevamp under any provision of these T&Cs may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or Pagevamp. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Pagevamp.
18.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
Pagevamp, the Pagevamp logo and other Pagevamp logos and product and service names are trademarks of the Company (the "Pagevamp Marks"). You agree not to display or use in any manner, the Pagevamp Marks without the Company's prior permission.
20.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
20.3. The Company makes no claims that the content is appropriate for any particular purpose or audience, or that it may be downloaded in any jurisdiction where such activities would be illegal. Access to the content (including any software) may not be legal by certain persons or in certain countries. You are responsible for compliance with the laws of your jurisdiction.
20.4. The Company is headquartered in New York, NY. All legal issues arising from or related to the use of Pagevamp shall be construed in accordance with and determined by the laws of the State of New York. By using Pagevamp, you agree that the exclusive forum for bringing any claims or causes of action arising out of or relating to your use of Pagevamp is the New York state or Federal courts located in the Borough of Manhattan. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
20.5. If any provision of these T&Cs is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect. No waiver of any term of these T&Cs shall be deemed a further or continuing waiver of such term or any other term.
20.6. Should you find any content or otherwise that you feel breaches the T&Cs outlined, please email the Company at abuse@Pagevamp.com providing the site URL and details of the complaint. Your complaint will be investigated immediately and you will be informed by email of the outcome. Note: your details will not be given to the Site Leader in question.