Please read these Terms of Use (“Terms”) carefully. By downloading, accessing, or using the mobile applications, websites, or other products or services of Versa Digital Inc. and our affiliates (“Versa”, “we,” “us,” or “our”), or the services, features, or functionality jointly offered with other companies through our mobile application or website (collectively, the “Services”), you agree to be bound by these Terms. These Terms govern your access to and use of Versa, including any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “User Content”).

 

These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.

 

Basic Terms

You are responsible for your use of the Services, for any User Content you post to the Services, and for any consequences thereof. The User Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.

 

In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.

 

You may use the Services only if you can form a binding contract with Versa and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

The Services that Versa provides are always evolving and the form and nature of the Services that Versa provides may change from time to time without prior notice to you. In addition, Versa may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

The Services may include advertisements, which may be targeted to the User Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Versa on the Services are subject to change. In consideration for Versa granting you access to and use of the Services, you agree that Versa and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of User Content or information from the Services whether submitted by you or others.

 

Privacy

The Versa Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. There communications are considered part of the Services, which you may not be able to opt-out from receiving.

 

Community Guidelines

Versa is about sharing moments and creating fun videos with friends, family, and strangers. Everyone should feel welcome to create and share great content. With that said, we have created these rules to create a sense of safety while being able to express yourself creatively.

 

Stay on the legal side of things:

  • No pornography, no nudity or sexually suggestive content involving minors (people under the age of 18).
  • No minors engaged in activities that are physically dangerous and harmful.
  • No invasions of privacy or disclosing sensitive information about others.
  • No threats, harassment, trolling or bullying.
  • No tortuous, defamation, obsence, racist, sexist, homophobic, or libelous content.
  • No violence against people or animals.
  • No impersonating others. You can do a Christopher Walken impression, but not pretend you are actually him.
  • No infringing on any copyrights, trademarks, or other proprietary rights.
  • No spamming. No one cares that your aunt makes $150/hr stuffing envelopes from home. We will ban you for that stuff.

 

Basically, be a decent human being. Don’t do anything you wouldn’t want read about on the front page or Reddit or CNN. Make your parents and family proud of you by being a good person.

 

Account Security

After opening a Versa account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Versa API. If you use any such application or client, you acknowledge and agree that Versa will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.

When you first create a Versa account, we ask for your mobile number to verify your account. Please be aware that your carrier’s text messaging and data fees apply for mobile number verification.

 

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials regarding Versa or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Versa. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

 

Fees

We currently do not charge any fees to use our Services, but we may begin to charge fees at some point in future, such as for premium versions of the Services that offer additional features and functionality. If we later decide to charge fees, we’ll be sure and let you know about it.

 

Versa’s Content

The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Versa (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The Content includes the trademarks, service marks, and logos of Versa used and displayed on the Services, which are registered and unregistered trademarks or service marks of Versa.

Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not:

 

  • Use the Content except as permitted under this Agreement;
  • Use our trademarks except with our permission for each use;
  • Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
  • Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose; or
  • Use or post the Content on any other website or in a networked computer environment.

 

User Content

You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such User Content by adjusting your privacy settings. You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Versa is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason, including non adherence to our Community Guidelines.

 

You retain all ownership rights in your User Content. However, by submitting User Content to Versa, you hereby grant us and to other Registered Users, an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed, subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, when you submit User Content to Versa in connection with Conversation or Shout modes and other crowd-sourced videos, you agree that the User Content License accords Versa the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication of Conversation or Shout modes and other crowd-sourced videos in any and all media or distribution methods, now known or later developed. No use of User Content, including without limitation, from crowd-sourced videos, in accordance with the User Content License shall entitle you to any compensation from Versa, or any other companies, organizations, or individuals. To the fullest extent allowable under any applicable law, you hereby irrevocably waive your so-called “moral rights” or “droit moral” to the User Content.

You hereby represent, warrant, and covenant that: (i) your User Content shall be your original work and that you have all rights to the contents of such User Content and all components thereof and/or that you have obtained all rights, consents, and permissions, including, but not limited to, those of persons participating/appearing in such User Content, necessary to grant the rights granted herein; (ii) if any person appearing in the User Content is under the age of majority in his or her jurisdiction of residence, you must secure the signature of a parent or legal guardian on each release; (iii) the User Content does not and will not violate any law, statute, ordinance, or regulation; (iv) the User Content is free and clear of any liens or claims with respect to the use of the User Content in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (v) the User Content is not and will not be defamatory, trade libelous, pornographic, or obscene or violate our Community Guidelines.

 

Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VERSA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VERSA ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VERSA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE VINE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

External Sites

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Versa of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the User Content, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, publicity, or privacy right.

 

Compliance with Applicable Laws

The Site, the Services, and their services are based in the United States, and are intended to be used only by residents of the United States who are age 13 years or older. We make no claims concerning whether the Content and/or the User Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, the Content, or the User Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

Termination

We may terminate this Agreement and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. You may terminate these Terms of Use at any time upon the provision of written notice to us by deactivating your accounts and discontinuing your use of the Services.

 

Copyright Complaints

Versa respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Versa will also terminate a user’s account if the user is determined to be a repeat infringer.

 

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.

 

You may not assign this Agreement. No waiver shall be effective unless in writing and signed by both parties.

 

Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

 

This Agreement and any other agreements between the parties entered into through these Services shall be governed by and construed in accordance with the laws of the State of Illinois. Except for proceedings commenced by Versa to protect its intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Illinois.

 

You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Services.

 

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Versa. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Versa account.