Website Terms of Use
Welcome to the website of VoodooSoft, LLC ("VoodooSoft", "we" or "us"). The following terms and conditions and VoodooSoft’s
Privacy Statement, which is incorporated herein by this reference
(collectively "Terms"), apply to your
use of VoodooShield.com, including any content, downloads, functionality,
products and services offered on or through
www.voodooshield.com ("Website").
Please read these Terms carefully before
you access or otherwise start to use the Website.
Acceptance of Terms of Use
By accessing, browsing or using the Website, you consent
to these Terms and any subsequent modification of these Terms. We may
periodically update these Terms as new features are added to the Website or as
applicable laws and standards evolve.
We recommend you read these Terms each time you visit the Website, as
your continued use of the Website signifies your agreement to any changed Terms.
Accessing the Website
This Website is intended for use by individuals 13 years
or older. If you are younger than 13 years, please leave the Website.
Access to the Website is permitted on a temporary basis,
and we reserve the right to withdraw or amend any product and / or service we
provide through the Website at our sole discretion without notice. We will not
be liable if for any reason all or any part of the Website is unavailable at any
time or for any period. From time to time, we may restrict access to the Website
or parts of the Website.
You are responsible for ensuring that all persons who
access the Website through your internet connection are aware of these Terms and
that they comply with them.
Geographic Restrictions – Void Where
Prohibited
Not all features, products or services discussed or
offered through the Website are available to all persons or in all geographic
locations. Access to the Website may not be legal in certain countries. If you
access the Website from outside the U.S. or EU, you do so at your own initiative
and are responsible for compliance with local laws.
Electronic Communications
VoodooSoft will generally communicate with its users by
electronic means, including, without limitation, by email. As a user of the
Website, you agree that all agreements, notices, disclosures and other
communications that VoodooSoft provides to you electronically satisfy any legal
requirement that such communications be in writing. Upon registration, you
consent to receiving these and other forms of electronic correspondence about
account activity and purchases, as well as Website updates and VoodooSoft
promotions. You may opt-out at anytime by clicking the unsubscribe link at the
bottom of any electronic correspondence or emailing us at
unsubscribe@voodooshield.com.
However, even if you unsubscribe, we will still be permitted to email you
regarding any matters pertaining to your User Account.
Passwords; Security
You will be required to establish a User Account with us
and provide a user identification code and password before downloading any of
our products or accessing any of our services or other functions of the Website,
and you may be required to provide other information as well. You agree that all
the information you provide in connection with your use of the Website will be
accurate and complete. You agree not to disclose your password to anyone other
than VoodooSoft, and you agree not to use anyone else’s password. You agree to
notify VoodooSoft immediately of any unauthorized use of your password or any
other breach of security. VoodooSoft
shall not be responsible for your failure to comply with this section or for any
loss or damage arising out of or related to the use of your password by you or
anyone other than VoodooSoft.
Any account, registration or other information you
provide to VoodooSoft is subject to our
Privacy Statement. For more information, see our
Privacy Statement.
VoodooSoft reserves the right to disable any user
identification code or password at any time and for any reason.
Using the Website
The Website is being made available for your personal,
non-commercial use only. Except as provided by specific terms governing a
specific service, product, or information, you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer or sell any of the information, software, products, or services
obtained from the Website.
The Website may not be used for any purpose that is
unlawful. Without limiting the generality of that prohibition, you agree that
you will not do, attempt to do, or encourage or assist anyone else to do, any of
the following while using or accessing the Website:
·
Violate any applicable federal, state, local or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the U.S., EU or other
countries).
·
Decipher, decompile, disassemble or reverse engineer any
of the software used to provide the Website or any products or services offered
through the Website.
·
Probe, scan or test the vulnerability of any system or
network or breach or impair or circumvent any security or authentication
measures protecting the Website or features that prevent or restrict use or
copying of any Website content.
·
Upload, stream, send, receive, email or otherwise
transmit any content in violation of these Terms.
·
Upload, stream, send, receive, email or otherwise
transmit any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, “pyramid schemes” or any other form of
solicitation, as well as viruses, trojan horses, worms, logic bombs or other
computer code that may interrupt, destroy, limit the functionality of the
Website or interfere with the access of any user to the Website.
·
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, vulgar, pornographic, hateful,
abusive, harassing or unlawful material or information.
·
Use any meta tags or other hidden text or metadata
utilizing name, trademark, URL or product name incorporating the name
VoodooShield or VoodooSoft or any confusingly similar name.
·
Impersonate or attempt to impersonate any other person
or entity including without limitation VoodooSoft or a VoodooSoft employee.
·
Engage in any conduct that restricts or inhibits
anyone's use or enjoyment of the Website, or which, as determined by us, may
harm VoodooSoft or users of the Website or expose them to liability.
·
Collect or store personal data about others without
their express permission.
·
Gain unauthorized access to, interfere with, damage,
overburden or disrupt any parts of the Website, the server on which the Website
is stored, or any server, computer or database connected to the Website; or
attack the Website via a denial-of-service attack or a distributed
denial-of-service attack; or otherwise attempt to interfere with the proper
working of the Website.
·
Use any “deep-link”, “page-scrape”, “robot”, “spider” or
other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website, or in any way reproduce or circumvent the navigational structure or
presentation of the Website
Failure to abide by these rules gives VoodooSoft the
right to terminate your access to the Website and may be the basis of legal
action against you.
Intellectual Property
All content and services on the Website, including, but
not limited to, trademarks and logos, designs, text, graphics, sounds, images,
software, and other website materials (the “Materials”) are the intellectual property of VoodooSoft, its licensors,
or other vendors. The Materials are protected by United States and foreign
intellectual property laws. Except as stated herein, none of the Materials may
be copied, reproduced, or distributed in any form without the prior written
permission of VoodooSoft.
VoodooSoft™, VoodooShield™, the VoodooShield™ logo, and
any other marks related to VoodooSoft products or services (“VoodooSoft Marks”) are the exclusive
and valuable property of VoodooSoft. The VoodooSoft Marks may only be reproduced
or displayed with specific written permission from VoodooSoft.
You are permitted to display, copy or download the
Materials from the Website for personal, non-commercial and informational use
only, provided that you do not:
·
Modify the Materials;
·
Remove or alter any copyright or other proprietary
notice contained in the Materials;
·
Frame or utilize framing techniques to display the
Materials at a domain not owned by VoodooSoft; or
·
Use any VoodooSoft Mark or product name as a meta-tag or
other “hidden text” for search engines in a manner that does not inure to the
benefit of VoodooSoft.
No right, title or interest in or to the Website or any
content on the Website is transferred to you, and all rights not expressly
granted are reserved by VoodooSoft. Any use of the Website not expressly
permitted by these Terms is a breach of these Terms and may violate copyright,
trademark and other laws.
VoodooSoft may provide Website users venues to submit
opinions, reviews, ratings, information, ideas, suggestions, communications,
concepts, images, photos, videos, audio content, or other material or content
(collectively, "User Submissions"),
including but not limited to bulletin boards, chat rooms, forums, blogs, surveys
or invitations to email VoodooSoft with questions or comments. All User
Submissions must comply with the Content Standards provided in these Terms.
Any User Submissions you post to the Website will be
deemed non-confidential and non-proprietary to you and may be used by VoodooSoft
without restriction. Without limiting the foregoing, by posting any User
Submission to the Website or otherwise to VoodooSoft, you grant VoodooSoft a
worldwide, perpetual, fully paid up and royalty-free, irrevocable, nonexclusive
right and license to reproduce, modify, edit, publish, display, perform, adapt,
distribute, sell, sublicense (including through multiple tiers of sublicensees
for the full term of any copyright that may exist in such material, as
applicable), and otherwise use and exploit such User Submission (and any and all
proprietary rights therein that you may have) in any and all forms and media,
now or hereafter discovered, without compensation or attribution to or
permission from you or any third party. You also permit any other user to
access, view, store or reproduce the material for that user’s personal use.
You represent and warrant to VoodooSoft that (i) you own
or control all rights in and to all User Submissions provided by you; (ii) you
have the right to grant VoodooSoft the license granted above; and (iii) all of
your User Submissions will comply with these Terms. You agree to defend,
indemnify and hold harmless VoodooSoft and its affiliates and licensors from and
against any loss, cost or expense VoodooSoft or any of its affiliates or
licensors incurs as a result of or arising from your breach of the foregoing
representations and warranties.
You agree to assign to VoodooSoft any rights that you
may have in any User Submission and to execute any and all documents reasonably
required by VoodooSoft to assign such rights to VoodooSoft. Alternatively,
if such an assignment is found to contravene any local laws, you hereby grant to
VoodooSoft a perpetual, royalty free, irrevocable and unlimited license to use
such User Submissions in such manner, including without limitation to sublicense
and commercially use any such User Submission, that VoodooSoft in its sole
discretion decides.
User Submissions - Enforcement;
Termination
VoodooSoft has the right, in its sole discretion, to:
·
Remove, edit or refuse to post any User Submission for
any reason.
·
Take any action with respect to any User Submission that
we deem necessary if we believe that such User Submission violates these Terms,
infringes any intellectual property right, or could create liability for
VoodooSoft.
·
Disclose your identity to any third party who claims
that material posted by you violates their rights, including their intellectual
property rights or their right to privacy.
·
Take appropriate legal action for any illegal or
unauthorized use of the Website.
·
Terminate your access to all or part of the Website for
any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to
fully cooperate with any law enforcement authorities or court order requesting
or directing us to disclose the identity of anyone posting any materials on or
through the Website. YOU WAIVE AND HOLD HARMLESS VOODOOSOFT FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY VOODOOSOFT DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER VOODOOSOFT OR LAW ENFORCEMENT AUTHORITIES.
Though VoodooSoft strives to enforce these rules with
all users, you may be exposed through the Website to content that violates
VoodooSoft’s policies or is otherwise offensive. You acknowledge and agree that
you use the Website at your own risk. VoodooSoft is not responsible for the
content of any User Submission, (ii) has no obligation to remove any User
Submission, and (iii) has sole discretion to determine whether any User
Submission violates these Terms and to take action or inaction based on that
determination. Accordingly, VoodooSoft assumes no liability for any action or
inaction regarding transmissions, communications or content provided by any user
or third parties. VoodooSoft takes no responsibility for your exposure to
content on the Website, whether it violates VoodooSoft’s Content Standards or
not.
Content Standards
These content standards apply to any and all User
Submissions and Interactive Services. User Submissions must in their entirety
comply with all applicable federal, state, local and international laws and
regulations. Without limiting the foregoing, User Submissions must not:
·
Contain any material which is defamatory, obscene,
indecent, abusive, offensive, harassing, violent, hateful, inflammatory or
otherwise objectionable.
·
Promote sexually explicit or pornographic material,
violence, or discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age.
·
Infringe any patent, trademark, trade secret, copyright
or other intellectual property rights of any other person.
·
Violate the legal rights (including the rights of
publicity and privacy) of others or contain any material that could give rise to
any civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms and our
Privacy Statement.
·
Be likely to deceive any person, cause annoyance,
inconvenience, or be likely to upset, embarrass, alarm or annoy any other
person.
·
Promote any illegal activity, or advocate, promote or
assist any unlawful act.
·
Be used to impersonate any person, or to misrepresent
your identity or affiliation with any person or organization.
·
Involve commercial activities and/or sales without our
prior written consent, such as contests, sweepstakes and other sales promotions,
barter, advertising or pyramid schemes.
·
Give the impression that they emanate from VoodooSoft,
if this is not the case.
Copyright Infringement
If you believe that any User Submission or any content
displayed on the Website violates your copyright,
please notify us. It is VoodooSoft’s policy to
terminate the user accounts of repeat violators.
Reliance on Information Posted
The information presented on or through the Website is
made available solely for general information purposes. We do not warrant the
accuracy, completeness or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Website.
Changes to the Website
We may update the Website from time to time, but its
content is not necessarily complete or up-to-date. We may change the Website at
any time with or without notice. We may suspend access to the Website, or close
it indefinitely. Any of the material on the Website may be out of date at any
given time, and we are under no obligation to update such material.
Information about you and your visits to
the Website
We may collect and use information about you in
accordance with our
Privacy Statement. By using the Website, you consent to such collection and use and you
represent and warrant that all data provided by you is accurate.
California Privacy Rights
California Civil Code Section § 1798.83 permits users of
our Website that are California residents to request certain information
regarding our disclosure of personal information to third parties for their
direct marketing purposes. To make such a request, please send an e-mail to
support@voodooshield.com. Please note that under
California law, businesses are only required to respond to a customer request
once during any calendar year.
Links to the Website
You may link to our homepage, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is
not owned by you. The website from which you are linking must comply in
all respects with the Content Standards provided in these Terms. You agree to
cooperate with us in causing any unauthorized framing or linking immediately to
cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and
resources provided by third parties, these links are provided for your
convenience only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third party
websites linked to this Website, you do so entirely at your own risk and subject
to these Terms and conditions of use of such websites.
Social Media Sites
If you choose to access, provide information (including
personal information) to, and/or post content on a page within a VoodooSoft
social media site, including, without limitation, on VoodooSoft’s Facebook or
Twitter page(s), you should be aware that any personal information or other
information you post is subject to that social media site’s Privacy Statement
and terms of use, and can be read, collected or used by other users of such
social media sites, and could be used to send you unsolicited messages or used
in an otherwise unauthorized manner. VoodooSoft is not responsible for any
information or content you choose to post, or the use of that information or
content by any third party, or any activity in which you engage arising out of
or through those means, and VoodooSoft recommends careful consideration before
you post such information or content.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the Website
will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures to satisfy your particular requirements for
anti-virus protection (which we hope includes downloading VoodooShield) and
accuracy of data input and output, and for maintaining a means external to our
Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS,
SERVICES OR DOWNLOADS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER VOODOOSOFT NOR ANY PERSON ASSOCIATED
WITH VOODOOSOFT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VOODOOSOFT NOR ANYONE
ASSOCIATED WITH VOODOOSOFT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VOODOOSOFT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VOODOOSOFT,
ITS LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS,
MANAGERS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
U.S. Government Restricted Rights
Any Materials that are downloaded by or on behalf of the
United States of America, its agencies and/or instrumentalities are subject to
the provisions of FAR 12.211 - "Technical Data" and FAR 12.212 - "Computer
Software" or to clauses providing VoodooSoft equivalent protections in DFARS or
other agency specific regulations.
Indemnification
You agree to defend, indemnify and hold harmless
VoodooSoft, its affiliates and licensors and their respective officers,
directors, managers, employees, contractors, agents, licensors and suppliers
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys' fees) resulting from
your violation of these Terms or your use of the Website, including, without
limitation, any use of the Website's content, services and products other than
as expressly authorized in these Terms or your use of any information obtained
from the Website.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or
related to, them, their subject matter or their formation (in each case,
including non-contractual disputes or claims) shall be governed by and construed
in accordance with the laws of the State of Kansas without giving effect to any
choice or conflict of law provisions. You agree that the courts situated in
Kansas shall have exclusive jurisdiction to hear any dispute or claim arising
with hereunder. However, VoodooSoft retains the right to bring any suit, action
or proceeding against you for breach of these Terms in your country of residence
or any other relevant country.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF
OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of these Terms by VoodooSoft shall be deemed a
further or continuing waiver of such or any other term or condition, and any
failure of VoodooSoft to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision. If any provision of these
Terms is held by a court of competent jurisdiction to be illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent, so that the remaining provisions of these Terms will
continue in full force and effect.
Entire Agreement
These Terms and our Privacy Statement constitute the
sole and entire agreement between you and VoodooSoft with respect to the Website
and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Website.
Feedback
All feedback, comments, requests for technical support
and other communications relating to the Website should be directed to:
support@voodooshield.com.
Thank you for visiting the Website.
Revised February 2012