vSocial Terms of Use

vSocial is an online social networking service. Members of its networking community set up personal profiles that can be inter-connected through networks of friends. Members can view other members profiles; communicate with each other over the network, and share web-published or displayed contents (the "Content") such as media files, comments, tags and web links to describe their interests. The vSocial service is operated by Custom One Media, LLC (collectively "vSocial"). By using the vSocial.com website (the "Website"), you agree to be bound by the terms of this User Agreement (the "Agreement") no matter you are a registered member (the "Member") or an unregistered visitor. If you intend to join the community as a registered member, communicate with other Members, and make use of the vSocial service (the "Service"), read these terms of the User Agreement and indicate your acceptance of them by following the instructions in the sign-up process.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by vSocial at any time and without prior notice, such modifications to be effective upon posting by vSocial on the Website. This Agreement includes vSocial's acceptable use policy for content posted on the web site, vSocial's Privacy Policy, and any notices regarding the Website.

Please choose carefully the information you post on the Website and that you provide to other Members. Telephone number, street address, last name and birthday are not required information for your profile creation and are not encouraged to be included in your profile, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other vSocial Members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or services and vSocial assumes no responsibility or liability for this material.

vSocial reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including e-mail) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

1.Eligibility. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and that your use of vSocial shall not violate any applicable law or regulation. Your profile may be deleted without warning, if you are found misrepresenting your age, and you are younger than 16. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

2.Term. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member Account page. vSocial may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to vSocial. Even after membership is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9 to14. vSocial's terms of the Agreement that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that vSocial reserves the right to charge for the Service and has the right to terminate a Member's membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

3.Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of vSocial.Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Appropriate legal action will be taken by vSocial for any illegal or unauthorized use of the Website.

4.Proprietary Rights in Content on vSocial. vSocial owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of vSocial and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5.Content Posted on the Site.

a. You understand and agree that vSocial may review and delete any content, messages, photos, media files or profiles (collectively, "Content") that, in the sole judgment of vSocial, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or non-member.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

c. By posting any Content to the public areas of the Website, you hereby grant to vSocial the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content you post on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. vSocial reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) for group profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You are suggested not to include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which vSocial deems appropriate in its sole discretion.

h. You may not cover or obscure the banner advertisements on your personal profile page, or any vSocial page via HTML/CSS or any other means.

i. You may not impersonate another user or person who is not a vSocial Member.

6.Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate membership of any member who repeatedly infringes copyright upon prompt notification to vSocial by the copyrights owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please refer to our Copyright Policy for detailed suggestion on actions and procedures.

7.Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

8.Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

9.Disclaimers. vSocial is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. vSocial is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. vSocial 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, any user or Member communication. vSocial 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 any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall vSocial be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and vSocial expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

10.Limitation on Liability. IN NO EVENT SHALL VSOCIAL AND CUSTOM ONE MEDIA, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF VSOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VSOCIAL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO VSOCIAL FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

11.U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12.Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Arizona without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Arizona, city of Phoenix.

13.Indemnity. You agree to indemnify and hold vSocial, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

14.Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and vSocial regarding the use of the Website and/or the Service. The failure of vSocial to exercise or enforce any right or provision of these terms of 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. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. vSocial is a trademark Custom One Media, LLC. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.