Welcome to Vanilla App (the "Site"). These Terms and Conditions ("Terms") govern your use of the Site, including all pages within the Site (collectively referred to as the "Service"). The Service is operated by https://vanilla-app.xyz and its affiliates (collectively referred to as "us," "we," or "our"). By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
Use of the Service
(a) Eligibility. The Service is intended for users who are 13 years of age or older. By using the Service, you represent and warrant that you are at least 13 years old. If you are under the age of 18, you may use the Service only with the involvement of a parent or guardian.
(b) Permitted Uses. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: In any way that violates any applicable federal, state, local, or international law or regulation For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation To impersonate or attempt to impersonate another person or entity To use the Service to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability
(c) User Conduct. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
2. Modification of the Service and these Terms
We reserve the right to modify, update, or discontinue the Service, or any portion thereof, at any time, with or without notice to you, and without liability. We may also modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically, and your continued use of the Service after any modifications to these Terms indicates your acceptance of the modified Terms.
3. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY OR REPRESENTATION IS MADE REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY, OR USEFULNESS OF THE SERVICE OR ANY CONTENT.
4. Limitation of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and expenses (including attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of, or related to, your use of the Service, any Content submitted by you, or your violation of these Terms. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
5. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Vanilla App and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vanilla App.
6. Termination
These Terms are effective unless and until terminated by either party. If you wish to terminate these Terms, you may discontinue using the Service. In addition, we may, in our sole discretion, at any time terminate or suspend all or a portion of the Service, or your use of all or a portion of the Service, with or without notice and with or without cause.
7. Governing Law
These Terms and your use of the Service will be governed under the laws of the state of New York, without regard to its conflicts of law provisions.
8. Dispute Resolution
Any dispute arising from or in any way related to these Terms or the Service will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York.
9. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Contact Information
If you have any questions about these Terms or the Service, please contact us at
[email protected]. Last updated: 2020-05-01.