Privacy policy& Terms of use

PRIVACY POLICY

Vpings Inc. (“Vpings”, “Company”, “We”) respects your privacy and is committed to protecting it through our compliance with this policy. This document describes the types of information we may collect or that you may provide when you access, use or register with Vpings’s website, desktop application, and mobile application (collectively “Services”) and our practices for using, maintaining, protecting and disclosing that information

Information We Collect and How We Collect It

We collect information from and about users of our Services:

 •Directly from you when you provide it to us.

 •Automatically when you use the Services.

 •Through the use of Cookies.

Information You Provide to Us

When you use or register with the Services, we may ask you provide information by which you may be personally identified such as your name, telephone number, and email address ("Personal Information").

 This information includes:

 •Information provided at the time of registering to use the Services, creating a profile, inputting information into forms, posting videos, comments and likes, and requesting further services. We may also ask you for information when you report a problem with the Services.

 •Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Services.

 •Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.

 •Your responses to surveys that we might ask you to complete for research purposes.

Automatic Information Collection

When you download, access or use the Services, it may use technology to automatically collect:

 •Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Services.

 •Device Information. We may collect information about your computer, mobile device and internet connection, including the computer or mobile device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.

We may track your use across different websites and services. In some countries, including countries in the European Economic Area ("EEA"), the information referenced above in this section may be considered personal information under applicable data protection laws. If you do not want us to collect this information, do not use the Services.

Cookies

We may automatically collect certain information through the use of “cookies.” Cookies are small data files that are stored on your hard drive by our Services. Among other things, the use of cookies helps us to improve the Services and your user experience. We use cookies to see which areas and features are most popular, to count the number of computers accessing our Services, and to personalize your experience by remembering your preferences.

We link the information we store in cookies to any personally identifiable information you submit while on the Services. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services, however you can still use the Services normally. The use of cookies by our service providers or third parties is not covered by our privacy statement. We do not have access or control over these cookies. We do not track signals, or plant cookies when a Do Not Track (DNT) browser mechanism is in place.

Use of Personal Information

We use your personal information as follows:

 •To operate, maintain, and improve our sites, products, and services. 

 •To respond to comments and questions and provide customer service. 

 •To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. 

 •To communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners. 

 •To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity. 

 •To provide and deliver products and services customers request. 

Sharing of Personal Information

We may share personal information as follows: 

 

 •We may share personal information with your consent. For example, you may let us share personal information with third parties for their own marketing uses. Those uses will be subject to the third party privacy policies. 

 •We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. However, this information will be in the aggregate and anonymized to protect your personal information.

 •We may share information to respond to lawful requests and legal processes.

 •We may share information to protect the rights and property of Vpings Inc., our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.

 •We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

 •We may share information with those who need it to do work for us, but we will first obtain your consent.

We may also share aggregated and/or anonymized data with others for their own uses.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Security of Your Personal Information

The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our Services, we encrypt that information using secure socket layer technology (SSL).

Vpings takes reasonable security measures to protect your Personal Information to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are impenetrable.

If you use a password on the Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please notify us immediately.

Updating and Accessing Your Personal Information

If your Personal Information changes, we invite you to correct or update your information. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, request that we no longer use your information to provide you services, or delete your Personal Information, you may do so through your account settings, or contact us at service@vpings.com. We will respond to your request to have your Personal Information updated as soon as possible. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Choices About Use of Your Information

You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.

You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes, including messages about your current Vpings account and services.

Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you.

Legal Basis for Processing Personal Information Under The General Data Protection Regulation (GDPR)

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.  We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Your Data Protection Rights Under The General Data Protection Regulation (GDPR)

If you are a resident of the EEA, you have the following data protection rights:

 •If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing service@vpings.com.

 •In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing service@vpings.com.

 •You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing service@vpings.com.

 •Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

 •You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Third-Party Disclosure and Links

The Services may include links to other websites whose privacy practices may differ from those of Vpings. If you submit Personal Information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any third-party websites you visit.

Direct Marketing and Do Not Track Signals

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

Notice Concerning The Information Of Children

Vpings is not directed to children under the age of 13 and does not intentionally collect any information from children under the age of 13. Please contact us if your child has provided Personal Information to us and we will delete the information.

International Data Transfers

We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.

Changes to This Policy

Vpings may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date below and may notify you by email (sent to the e-mail address specified in your account). We encourage you to review this Policy whenever you visit the Services to understand how your Personal Information is used.

Contact Information

We welcome your comments or questions about this privacy policy. You may also contact us at our email address service@vpings.com

Last Updated: October, 2018

TERMS OF USE

Welcome to Vpings, a downloadable software application that allows you to customize your desktop, mobile phone and other devices with video wallpapers.

These Terms of Use govern your use of Vpings (“the Company,” “we,” “our,” or “us”), which includes our website, desktop application, mobile application and all related widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services.

Acceptance of Terms of Use

Please read these Terms of Use, and our Privacy Policy, very carefully. When prompted, please click or press “Accept” if you agree to be legally bound by all terms and conditions herein. Your acceptance of these Terms of Use creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms of Use, then do not click or press “Accept,” in which case you may not use the Services. By accepting to the Terms of Use and creating an account, you represent and warrant that the information you include on the Services is accurate and that you have the capacity to enter into and abide by these terms and conditions.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms of Use at any time. The date of last modification is stated in these Terms of Use.

When we make any updates to these Terms of Use, we will highlight this fact on the Services. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending an email to the email address that you have provided to us, and the revised Terms of Use will become effective: (i) six (6) weeks after such notification, or (ii) when you opt-in or expressly agree to the Changes, whichever comes first. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Services after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

Description of the Services

Vpings provides a desktop and mobile application that allows users to convert their backgrounds into a living, video wallpaper. Users can post their own videos for use on the software, or can choose from a variety of posted videos. There are also many interactive features that allow users to conveniently access different applications and screens on the device.

We may, from time to time, release new tools and resources through the platform, release new versions of our software, or introduce other services and/or features for the Services. Any new services and features will be subject to these Terms of Use, as well as any additional terms of use that we may release for those specific services or features.

Your Vpings Account

Access to the Services are only available to registered users who have expressly agreed to these Terms of Use and our Privacy Policy.

When you first create a Vpings account, we ask for your email address and phone number. We will then send you a verification code to verify and create your account.

All account information will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.

If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify the Company in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account@ if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your account at any time through our Services, or you can contact us at us@vpings.com.

Your Use of the Services

Subject to your strict compliance with these Terms of Use, the Company grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate Content, view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:

(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

(iii) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.

(v) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on Vpings either from the account you were blocked from or any other account.

(vi) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

· any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion;

· any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

· any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;

· any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Services; or

· any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(viii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that Vpings has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor

We take the intellectual property rights of others seriously and require that users of Vpings do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Vpings, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

 1.A description of the copyrighted work that you claim is being infringed;

 2.A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;

 3.Your address, telephone number, and email address;

 4.The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;

 5.The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and

 6.An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Our designated copyright agent to receive such claims can be reached at us@vpings.com.

We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Sponsorship and Advertising

Vpings retains the right to advertise or allow sponsorship of a user’s post at its own discretion.

Third Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, PLATRFORM, MOBILE APPLICATION AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, MOBILE APPLICATION OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE. ALL INFORMATION YOU PROVIDE IN ANSWERS TO QUESTIONS OF POTENTIAL EMPLOYERS IS SOLELY FOR THE PURPOSE OF JOB PLACEMENT. YOU AGREE THAT ALL INFORMATION YOU PROVIDE IS NOT CONFIDENTIAL, AND MAY BE USED BY THE POTENTIAL EMPLOYER FOR THEIR OWN BUSINESS PURPOSES.

WHILE THE COMPANY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

ALTHOUGHT NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

1.ANY LOSS OR DAMAGE ARISING FROM:

 (A) YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;

 (B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;

 (C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

 (D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;

 (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

 (F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;

2.ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;

3.ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms of Use or

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with California privacy law and the European Union’s General Data Protection Regulation (GDRP). In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms of Use, and you hereby agree to the collection, use and disclose practices set forth therein.

Changes to the Services, Accounts, and Pricing

The Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, and/or any Services that we may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

We may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.

Termination

You may terminate this Agreement at any time by deleting your account and thereafter by ceasing to use the Services. If you terminate this Agreement you no longer have access to any of your account information, including any Content you sent or received.

The Company may suspend your access to the Services and/or terminate this Agreement at any time.

No Agency Relationship

These Terms of Use and your use of the Services do not create, and shall not be construed as creating, any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration.

Assignment to Third Parties

The Company may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice including without limitation, to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of the Company.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Services and supersede any prior agreement between you and the Company. Any modifications to this Agreement must be made in writing.

Third Party Rights

These Terms of Use are not intended to give rights to anyone except you and the Company. This does not affect our right to transfer our rights or obligations to a third party.

Applicable Law and Jurisdiction

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Disclosures

More information about Vpings is available by contacting us@vpings.com.

ACKNOWLEDGEMENT

BY USING OR REGISTERING WITH THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Updated: October, 2018