Terms of Service

 

 

 

 

Effective: December 22, 2020

Last Modified: December 22, 2020

This Terms of Service Agreement (the “Terms” or “Agreement”) is a binding agreement between you (“End User” or “you/your”) and Viinko (“Viinko”). These Terms govern your use of the Viinko web application and downloadable application, (including all related documentation, upgrades, and updates, the “Application”).

By accessing or using the Application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement, or are above the age of 13 and have agreed to this with the supervision and agreement of a parent or guardian; and (c) accept this agreement and agree that you are legally bound by its terms.

If you are aged 13 years or younger, you may not download or use the Application. If you are 13 or older but under the age of 18, you may use the Application only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is between 13 through 18 years old, you are fully responsible for that user’s use of the Application.

If you are entering into this Agreement on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this Agreement on behalf of such company or other organization and that this Agreement is binding on such company or other organization. If you do not agree to these Terms, do not download, install, or use the Application

1. Permitted Use. You may use the Application for your individual purposes, pursuant to the following restrictions, and not for the purposes of reselling (the “Permitted Use”). Any other use of the Application beyond the Permitted Use is prohibited and, therefore, constitutes unauthorized use of the Application. Viinko reserves the right to suspend or delete your account or block you from the Application if you violate any license restrictions or misuse or abuse the Application in any way.

a. You may not stalk, harass, intimidate, threaten, spam, or harm another individual. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity. You may not commit or encourage fraudulent or illegal activities in violation of any applicable laws, or violate the rights of others, including disclosing information you do not have permission to disclose

b. You may not copy; decompile; reverse engineer; disassemble; attempt to derive the source code of; decrypt; modify; create derivative works of; or, circumvent, disable, or otherwise interfere with any security measures in the Application or any part thereof. You may not remove, obscure, or alter any proprietary notices, including trademark and copyright notices, that may be affixed to or contained within the Application

c. You may not use the Application for any purpose other than its intended purpose; interfere with or disrupt the Application or Viinko’s servers or networks connected to the Application; use any data mining, robots, spiders or other automatic device, process, or means to access the Application to damage or deny access to the Application, or as part of data gathering or extraction methods in connection with the Application; disseminate any viruses, worms, or otherwise harmful code; or, attempt to gain unauthorized access to any portion of the Application or any other accounts, computer systems, or networks connected to the Application, whether through hacking, password mining, or any other means.

d. You will keep all account information up to date, use reasonable means to protect your account information, passwords and other login credentials, and promptly notify Viinko of any known or suspected unauthorized use of or access to your account.

2. Intellectual Property. The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Viinko, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Viinko or its licensors, except for the licenses and rights expressly granted in these Terms

3. Collection and Use of Information. You acknowledge that when you download, install, or use the Application, Viinko may use automatic means to collect information about your device and use of the Application. You may also be required to provide certain information about yourself as a condition to downloading, installing, or using the Application. When you create an account, we collect registration-related information, which includes your email address and your name. For so long as you use the account, you agree to provide true, accurate, current, and complete information. You are responsible for complying with these Terms when you access the Application. All information Viinko collects through or in connection with the Application is subject to Viinko’s Privacy Policy, as amended from time to time, which can be viewed on Viinko’s website here, and any agreement entered into by your institution relating to the Application.

For the avoidance of doubt, personal information that includes Student Data (defined below) provided to Viinko through the use of the Application is governed by the terms of the agreement between Viinko and the educational institution relevant to your use of the Application. As between Viinko and you, you and/or the educational institution own all right, title and interest to all Student Data you provide or otherwise make available to us, and we do not own, control, or license such Student Data, except so as to provide the Application to you and to the educational institution that provides the products and controls Student Data from the educational records, if applicable, and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Application. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Viinko agrees to treat Student Data as confidential and not to share it with third parties other than as described in Viinko’s agreement with the educational institution.

If you have any questions regarding the privacy and use of your information, please contact us at , or your educational institution.

4. User Content. You may be permitted to submit information, data, text, software, messages, feedback, or other materials through our Application (“User Content”). By providing User Content through the Application, you agree that we can use it without any restrictions or compensation to you. By submitting any User Content on or through the Application, you grant to Viinko a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the Application.

You agree that you are solely responsible for all of your User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents, and releases that are necessary to grant to Viinko the license above.

5. No Duty to Monitor. You agree that we are not liable for User Content that is provided by others.  We have no duty to screen User Content that you may supply or post, but we have the right to refuse to post or to edit submitted User Content.  We reserve the right to remove any User Content for any reason at any time.  You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Viinko shall have no liability for your interactions with other users, nor for any user’s acts or omissions.

6. Consent to Electronic Communications and Solicitation. By using the Application and providing your name and email address during registration, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to this Application.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically to the address you provide will satisfy any legal communication requirements, including that such communications be in writing.

7. Open Source Components. The Application includes open source components and third-party materials. Any use of the open source components is governed by, and subject to, the terms and conditions of their respective open source license. A list of open source components may be provided upon request.

8. Subscription Period/License Term. Your right to use the Application is limited to the period of time indicated on your subscription purchase confirmation, beginning from the date the access key to activate the Application was provided to you (the “Subscription Period”).

If you received your license from your organization, then Viinko and/or the organization issuing your license may have the right to extend or terminate this Agreement, or suspend or revoke your license to use the Application.

This Agreement will terminate immediately and automatically without notice if you violate the terms of this Agreement. Upon termination or expiration, all rights granted to you under this Agreement will also terminate.

9. Fees and Renewals. You agree to pay all applicable fees related to your subscription to use the Application. Viinko may provide a refund, discount, or other consideration for monies paid at Viinko’s sole discretion (“credits”). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Viinko to provide credits in the future, under any circumstance.

To the extent that payment mechanisms are provided through third parties, you agree that Viinko will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information. BY SUBSCRIBING, YOU CONSENT TO ALLOW VIINKO TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

10. Indemnification. You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Viinko harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to infringement of third party intellectual property, your use of the Application, or your violation of these Terms.

11. Warranty Disclaimer. THE APPLICATION AND ALL CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

12. Limited Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VIINKO TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50 OR THE AMOUNT YOU HAVE PAID TO VIINKO FOR THE USE OF THE APPLICATION.

13. Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in Suffolk County. You waive any and all such objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Contact Information. If you have any questions regarding these Terms or your use of the Application, please reach out to Viinko at contact@viinko.org.