Velocity Global, LLC and its domestic and international subsidiaries (“Velocity Global”, “us”, or “we”) operates a number of websites including velocityglobal.com and its affiliated websites and webpages (collectively, the “Site”) and cloud.velocityglobal.com and its affiliated websites, webpages and mobile application (collectively, the “Platform”).
1. Laws and Regulations. Access to and use of the Site and the Platform are subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site or the Platform in any way that violates any such laws or regulations.
It is also possible for others to obtain personal data about you through your use of the Site and/or Platform, including through any User Content that you make available to other users. Anyone receiving or viewing User Content you share with other users may use such User Content for purposes that you did not intend. We are not responsible for any third party use of any personal data that you disclose through your use of the Site and/or Platform.
VELOCITY GLOBAL DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN AND DISCLAIMS ANY AND ALL LOSSES IN CONNECTION WITH THE CONTENT AND USER CONTENT. VELOCITY GLOBAL DISCLAIMS ALL LOSSES FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SITE AND/OR PLATFORM OR OTHERWISE AND REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT VELOCITY GLOBAL WAS ADVISED OF THE POSSIBILITY OF ANY SUCH ACTS OR OMISSIONS.
Use of the Site and/or Platform does not replace the need for you to maintain regular data backups or redundant data archives on the User Content. WE HAVE NO OBLIGATION OR LIABILITY FOR ANY LOSSES RELATED TO THE ALTERATION, DESTRUCTION, LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF ANY USER CONTENT.
Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content to the Site or Platform or act in any way that: (i) restricts or inhibits use of the Site or Platform; (ii) imposes an unreasonably or disproportionately large burden on our Site or Platform infrastructure; (iii) violates the legal or contractual rights of others, including defaming, abusing, harassing, stalking or threatening users; (iv) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (iv) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or (v) does not comply with all applicable laws, rules and regulations; or (vi) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) material that is racially or ethnically insensitive, defamatory, harassing or threatening; (c) pornography or obscene material; (d) any virus, worm, trojan horse, or other harmful or disruptive code or component; or (e) anything that encourages conduct that could be considered a criminal offense, give rise to civil liability, violate any applicable law or regulation or is otherwise inappropriate or offensive.
6. License and Use Restrictions for the Site and Platform.
- Use Restrictions. The license granted above is subject to the following restrictions:
- you shall not license, sell, resell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Platform;
- you shall not modify, publish, transfer, transmit, make derivative works of, disassemble, or reverse compile or reverse engineer any part of the Site or the Platform or any software used in the operation or delivery of the Site or the Platform;
- you shall not access the Site and/or Platform in order to build any similar or competitive product or service;
7. Operation of the Site. Velocity Global reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice to you. You agree that Velocity Global will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. In addition, you acknowledge and agree that Velocity Global will have no obligation to provide you with any support or maintenance in connection with the Site.
8. Use of the Platform. The nature of your access to and use of the Platform will depend on your relationship with Velocity Global. The Platform is further described in the documentation and guidelines provided to you by Velocity Global either inside the application (e.g. error messages, interface messaging made available by Velocity Global, etc.) or through other means (“Documentation”).
- You must register with Velocity Global to obtain valid credentials (i.e., user ID and password) for accessing the Platform. The Platform may only be accessed by permitted users, using valid credentials registered with Velocity Global in a manner described in the Documentation.
- When accessing the Platform, you agree that you will: properly identify yourself using user credentials registered with Velocity Global; not misrepresent your identity or authorization to act on behalf of others; not use, misuse or otherwise access the Platform in any way which may impair the functionality of the Platform, the ability of other users to use the Platform, or the ability of Velocity Global to deliver products or services to others; not attempt to view, access or copy any material or data other than that to which you have been authorized access; not extract data except as may be permitted by the Documentation or the terms of any other agreement you enter into with Velocity Global; correctly identify the sender of all electronic transmissions sent through the Platform; not modify the Platform in any way except as may be permitted by the Documentation; and not send illicit electronic messages in contravention of local or international SPAM laws.
- You further agree that you will not attempt to compromise the functionality, security or integrity of the Platform or any infrastructure used in its delivery or assist others in doing so. You shall not perform, or aid others in performing, penetration tests, DDoS attack tests or any kind of security test on the Platform. You also agree to reasonably assist Velocity Global upon request in preventing unauthorized access to the Platform.
- Velocity Global reserves the right in its sole discretion to modify the Platform and any components thereof and to edit, add to, or delete any of the Documentation, software, services, data files or other components of the Platform from time to time without prior notice to you.
9. Intellectual Property.
- “Intellectual Property Rights” means all present and future copyrights, works of authorship, trademarks, trade secrets, domain name registrations, patents, patent applications, mask work rights, industrial designs, show-how, know-how, moral rights, economic rights, contract rights, and any other proprietary rights throughout the world recognized by the laws of any country. You acknowledge that the Site and the Platform (and all Intellectual Property Rights therein) are owned by Velocity Global or Velocity Global’s licensors.
- We welcome any feedback or suggestions regarding the Site or the Platform that you provide to Velocity Global (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title or interest in or to the Site, the Platform or the Feedback. All Feedback will become the sole and exclusive property of Velocity Global and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You agree to and hereby do assign to Velocity Global any and all right, title, and interest in and to any Intellectual Property Rights that you may have in and to any and all Feedback.
11. Third Party Sites. The Site and/or the Platform may contain links to third party websites or services that are not owned or controlled by us and are provided to help you identify and locate other resources that may be of interest to you or to allow you to import or interface with third party applications or services. These links are not intended to state or imply that we sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any information, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
We are not responsible for any Losses related to your use of any sites we link to through the Site or the Platform or to any errors or omissions in the content of the linked sites. Your use of or reliance on any third party links or information is at your own discretion and risk. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not make any representations or warranties related to the offerings of any such third parties, their services, or their websites. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any Losses caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third party websites or services that you visit or interact with.
12. Security. In order to ensure that the Site and/or Platform remains available to all users, we may monitor network traffic to identify unauthorized attempts to upload or change information, or to otherwise cause damage to the Site and/or Platform. By using the Site and/or Platform, you expressly consent to such monitoring. Unauthorized attempts to modify, alter, deface, destroy, or corrupt any information stored on the Site and/or Platform to defeat or circumvent any security features, to probe, scan or test for vulnerabilities, to breach security or authentication measures, to install or attempt to install unauthorized software, to mount denial-of-service attacks, or to use the Site and/or Platform for reasons other than its intended purposes are expressly prohibited. Such uses may result in criminal prosecution. Any possible criminal activity will be reported, together with any evidence that may be gathered, to the appropriate authorities.
14. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL VELOCITY GLOBAL, ITS AFFILIATES, OR ANY OF ITS OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON THE SITE OR THE PLATFORM; (C) ANY CONTENT OBTAINED FROM THE SITE OR THE PLATFORM; OR (D) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CREDENTIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Marks. All trademarks, logos and service marks (“Marks”) displayed on the Site and/or Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.