These Terms of Service (or “Terms” for short) describe the rules of Vleert by G.P. Cineapolis Ltd in relationship with you and are a legal agreement.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE VLEERT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE CEASE USING THE VLEERT SERVICES IMMEDIATELY.
Vleert of G.P. Cineapolis Ltd (“Vleert,” “our,” “we,” or “as is” or “us” or “www.vleert.com,”
or “Vleert software,”) provides connectivity between users around the world.
Please read our Terms of Service so you understand what’s up with your use of Vleert. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).
This agreement ("Agreement") is a contract between you and " G.P. Cineapolis Ltd " and governs your use of the Vleert.com, Software service ("Vleert"). By using the Vleert services, you agree to be bound by the following terms and conditions (the "Terms of Service"), whether or not you register as a member ("Member").
If you continue to use the Services after the changes become effective, then you agree to the revised Agreement. You acknowledge and agree that this contract is only between you and Vleert G.P. Cineapolis Ltd and not any of Vleert’s partners, distributors, promoters or service providers (collectively, “Distributors or Third Parties”). Should you have any issue or claim with respect to the Vleert Services, Vleert, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained the Vleert Services from one of Vleert’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services.
1. Who Can Use the Services
You must be at least 18 years of age to create an account on Vleert, download Vleert or use Vleert Services. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate.
You represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your current profile may be deleted without warning
if it is found that you are misrepresenting your age. Your Membership is solely for personal use, and you shall not authorize others to use your account, including your profile.
Our Services are not intended for children under 18.
a) please wait until you turn 18 to use them, b) you may not download or use Vleert.
Caution: If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Services if your parent or guardian agrees to these Terms on your behalf. Also, Vleert is free, but your Internet provider’s or mobile operator’s fees and rates may still apply.
1.3 By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Vleert,
- you are not a person who is barred from using the Service under the laws of the European
Union or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and
any registration, use or access to the Software or Services by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of the Terms and Conditions;
1.4 Vleert may terminate your current profile account.
Vleert may terminate your current profile account, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes
that you are under the required age in the prior sentence. If you are under the age of majority in your jurisdiction you may use the Software and Services only if you either are an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in the Terms and Conditions.
IF YOU ARE UNDER THE AGE OF 18, WE ENCOURAGE YOU TO DISCUSS WITH YOUR PARENT(S) OR GUARDIAN(S) ONLINE SAFETY ISSUES FOR ALL OF YOUR SOCIAL MEDIA MEMBERSHIPS, INCLUDING YOUR VLEERT ACCOUNT.
2. Your Rights to Use the Services
2.1 Vleert and the software.
Vleert and the software used in connection with Vleert contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Vleert grants you
a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to:
a) access and use the Services for your non-commercial use or internal business use;
b) download, install and use the Vleert messenger application on one or more mobile device(s)
(e.g. cell phone and/or tablet), which natively executes an operating system supported by Vleert,
and that you own or control for your non-commercial use or internal business use;
c) use In-App Products solely within Vleert (the “License”). The License lets you enjoy the Services
in a way that these Terms and our other policies, such as our Community Standards, allow.
Your right to make use of our Service and any material or other content appearing on it is subject to your compliance with these Terms. You may not modify or use the material or any other content on
our Services for any purpose not permitted by these Terms.
Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by law. You agree that any software that we provide you may automatically download and install upgrades, updates or other new features and maybe send temporary log information to our servers. These updates and upgrades are designed to improve and enhance our Services and can
include bug fixes, enhancements and new modules
2.2 Harm to Vleert or Our Users:
You may use the Software solely for purposes of enabling you to use and enjoy the Services, and as permitted by the Terms and Conditions.
You may access and display material and all other content displayed on our Services for non-commercial, personal, entertainment use on any tablet, computer, smart watch, or mobile devices
you own or control.
The material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Vleert.
Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You may not rent, lease, lend, sell, redistribute or sublicense the material and/or the Services:
a) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the
Vleert Software to any third party;
b) use for a service bureau or otherwise commercialize or attempt to commercialize use of the
c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols
or labels in or on the Vleert Software or used in connection with the Vleert Software
d) send, store, or transmit viruses or other harmful computer code through or onto our Services;
or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism
e) gain or attempt to gain unauthorized access to our Services or systems;
f) interfere with or disrupt the integrity or performance of our Services;
g) create accounts for our Services through unauthorized or automated means;
k) collect the information of or about our users in any impermissible or unauthorized manner;
l) distribute or make our Services available over a network where they could be used by multiple devices at the same time;
m) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services;
3. Your Rights that you Give Us
3.1 The Services may contain advertisements.
In exchange for Vleert letting you access and use the Services, you agree that Vleert and its affiliates and third-party partners may place advertising on the Services.
We’re always happy to hear from you but if you volunteer any feedback or suggestions about Vleert
or the Services, please know that we can use your ideas without compensating you.
Always remember to log off of Vleert at the end of each session.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
4.1 About your Privacy:
Your privacy matters to us.
WE DON’T KEEP OR STORE ANYTHING!!
VLEERT DOESN’T KEEP YOUR PROFILE INFORMATION
FOR USE OR SHARE WITH THIRD PARTIES!!
Vleert doesn’t collect, keep, use or share your information.
When you exit the application every single piece of personal information including profile and location data, profile picture, or any other is completely removed from our server within 15 minutes!
4.2 Safety protecting privacy
Protecting user privacy and personally identifiable information is a top priority for Vleert.
Vleert uses a variety of security technologies (such as SSL) in order to protect your personal information collected through our services as well as preventing from loss, misuse and unauthorized access, disclosure, alteration or destruction.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Therefore, please be aware of the information you share with other users because no data security measures can guarantee 100% security at all times. We make substantial efforts to ensure the privacy and security of all personally identifiable information you provide to us.Access to all personally identifiable information is restricted to those individuals who need to know that information in order to provide, operate, develop, maintain, support or improve the Service.
Vleert uses all means to safeguard the confidentiality and security of all members. However, due to the inherent nature of the Internet, bugs, and related technology, we do not guarantee the protection of information under our control or in transit against loss, misuse, or alteration
4.3 Stored Information you provide through your account
Every time you open Vleert application you confirm that you provide us with some information about yourself, such as a profile name, a profile picture, your gender etc. This information is stored in your device for your convenience.
This information is also stored in our servers while Vleert is opened but it will be completely removed when you decide to exit the application or when you put the application in the background for more than 15 minutes.
We do not store, keep or retain your messages in our server. Once your messages are delivered to the specified recipient no information is retained in our servers regarding those messages
a) Information that we do not collect in our server:
4.4 Usage Device, Log Information and Third-Party tools
We don’t store and retain in our servers any service-related diagnostics, your install, access, and performance information. This includes information about your activity (such as how you use our services, how you interact with others using our services).
We don’t store crash info, performance logs or device hardware model information.
b) Information that third-party tools collect:
Some of this information, mentioned in the above paragraph, is stored by Google tools and services
that our service developer team has integrated in terms of providing the best possible quality of service and functionality for Vleert.
c) Vleert of G.P. Cineapolis Ltd is not responsible for any other unauthorized access, use
or share of this information from the third-party tools and services which are integrated
with Vleert application.
4.5 Transactional Information:
If you pay for our Services, we may receive information and confirmations, such as payment receipts, including information from app stores or other third parties while processing your payment.
b) Cookies on Vleert webpage:
In our site www.vleert.com, cookies may be used in terms of operating and providing our Services,
in order to improve user experience, understand how our Services are being used or customize them.
Cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser) or may remain on your computer until you delete them or until a defined period of time has passed.
, from time to time, our site may contain links to and from the websites of our partner networks, advertisers and affiliates. Please check these policies before you submit any personal data to these websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
to allow essential parts of our web site to operate for you;
to collect information about how you use our site;
to close your session and log you out of your account upon the expiry of a certain amount of time of inactivity.
Google Analytics: Also we may use the following Google Analytics features in our site:
Remarketing with Google Analytics
Google Display Network Impression Reporting
DoubleClick Platform integrations
Google Analytics Demographics and Interest Reporting
Note: You may opt-out of the Google Analytics features we use, including through Ads Settings,
Ads Settings for mobile apps, or via the browser extension provided by Google Analytics' currently available opt-outs.
a) We do not store or share any kind of files in our servers
for our users, which include users' current account information, profile picture, chats messages, status message, location information,
etc. in the ordinary course of providing our Services.
Please check these policies before you submit any personal data by Vleert software or third parties. Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our servers by Vleert; any transmission is at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
5. Respecting Others’ Rights
5.1 Responsibility for Your Own Use.
While we don’t have the technical capability to monitor Vleert Services accounts or our users’ messages, we reserve the right to suspend or terminate current profile accounts if we learn they violate the following terms.
You may only use our Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability.
You agree that if a third-party claims that the material you have contributed to our Service is unlawful, you will bear the burden of establishing that it is lawful.
You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not Vleert, and that you are responsible for all material you upload, publicly post, or otherwise transmit to or through this Service.
5.2 YOU MAY NOT USE THE VLEERT SERVICES FOR
You may not upload, post, send, comment on or store content that:
a) violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
b) is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including Vleert;
c) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
d) is harmful to minors in any way or targeted at persons under the age of 18;
e) spams or solicits Vleert users to purchase anything;
f) requests any form of identification or illegal content from Vleert users;
g) interferes with other users’ positive experience of the Vleert platform, in Vleert’s discretion.
5.3 You will not use (or assist others in using) our Services in ways that:
a) violate, misappropriate, or infringe the rights of Vleert, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal,
or otherwise inappropriate, including promoting violent crimes;
c) involve publishing falsehoods, misrepresentations, or misleading statements;
d) impersonate someone;
e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and the like;
f) involve any non-personal use of our Services unless otherwise authorized by us.
5.4 You agree not to use the Services to:
a) upload or distribute any computer viruses, worms, malicious code, or any software intended
to damage or alter a computer system or data;
b) collect information or data regarding other users, including email addresses or usernames,
chat messages without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
c) disable, overly burden, impair, or otherwise interfere with servers or networks connected
to the Services (e.g. a denial of service attack);
d) attempt to gain unauthorized access to the Services or servers or networks connected to the
Services (e.g. through password mining);
5.5 You may not Interfere with another user’s use and enjoyment of the Services:
impersonate any person or entity.
solicit money from any users.
“stalk” or otherwise harass any person.
express or imply that any statements you make are endorsed by Vleert G.P. Cineapolis Ltd
without our specific prior written consent.
use the Service in an illegal manner or to commit an illegal act;
access the Service in a jurisdiction in which it is illegal or unauthorized;
ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
collect usernames and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email or unauthorized framing of or linking to the Service.
interfere with or disrupt the Service or the servers or networks connected to the Service.
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
“frame” or “mirror” any part of the Service, without Vleert G.P. Cineapolis Ltd prior written authorization.
use meta tags or code or other devices containing any reference to Vleert.com or the Service
(or any trademark, trade name, service mark, logo or slogan of the Vleert.com) to direct any
person to any other website for any purpose.
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media, any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
6. Your Account
6.1 You agree that you will not:
create another new profile account if we’ve disabled one you had, unless you have our written permission first;
buy, sell, rent or lease access to your Vleert account or username unless you have our written permission first;
share your account with anyone;
log in or try to log in to access the Services through unauthorized third-party applications
If you think someone has gained access to your account, please contact our Trust & Safety team at firstname.lastname@example.org
Vleert is free, but your Internet provider’s or mobile operator’s fees and rates may still apply;
You are responsible for any mobile charges
when you use the Services including data charges
for use or the Services and/or updates or upgrades of new versions of the Vleert Services.
If you’re not sure what those charges may be, please ask your provider before using the Services.
Our policy allows copyright owners to request removal of any infringing materials and the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that one of our users is using Vleert to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to email@example.com:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Services that you claim is infringing and that you request
us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that the usage of the objectionable material is not
authorized by the copyright owner, its agent, or under the law;
a statement that the information in the notification is accurate, and under penalty of perjury,
that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that any misrepresentations in
a written notification automatically subjects the complaining party to liability for any damages,
costs and attorney’s fees incurred by us in connection with the written notification and allegation
of copyright infringement.
Our Copyright is:
G.P. Cineapolis Ltd, Cyprus, Nicosia
65, Prodromou Avenue, 2063
Privacy or Copyright: firstname.lastname@example.org
Please read and understand those terms and investigate any features that are important to you before using a Third Party Service.
If you use a service, feature or product offered by a third party (including those we jointly offer with
a third party), such as most Ads or payment processing services offered by a third party (all together the “Third Party Services”), that third party’s terms will govern their relationship with you.
This Service may link you to other sites on the Internet and third-party partners which cooperate with us to provide you certain Services, such as PayPal, Ads service products, etc.
These sites may contain information or material that some people may find inappropriate or offensive. These sites it’s not under the control of Vleert G.P. Cineapolis Ltd, and you acknowledge that (whether or not such sites are affiliated in any way with Vleert), Vleert G.P. Cineapolis Ltd is not responsible
The inclusion of such a link does not imply endorsement of any site by Vleert or any association with its operators. These sites have their own privacy policies and we do not accept any responsibility
or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION,
MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY RELIEVE VLEERT FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY REFERENCE SITES.
VLEERT G.P. CINEAPOLIS LTD IS NOT RESPONSIBLE FOR AND DOES NOT CONTROL
Our site (www.vleert.com) may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
Please check these policies before you submit any personal data to these websites.
10. Vleert software and Commercial activity
10.1 Vleert is for personal use only and you may not use it for any other purpose.
You may not use Vleert in connection with any commercial activity. Companies and other organizations may not become members of Vleert nor use Vleert without our express prior approval.
We reserve the right to investigate any suspected unauthorized uses of Vleert and we may take action
in our sole discretion, including seeking legal, civil, criminal, or injunctive relief, without limitation.
Vleert G.P. Cineapolis Ltd reserves the right to investigate, suspend and/or terminate your current profile account, if you have misused the Service or behaved in a way regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
The following (Section 11-Violations; Termination) is a partial list of the type of actions that you
may not engage in with respect to the Service. These guidelines are not exhaustive, and we have the right to make all judgments, regarding the applicability of these guidelines – in letter or in spirit or
in our sole and absolute discretion.
11. Violations; Termination
11.1 These Terms will apply to your use of Vleert until your access to Vleert is terminated by either you or us.
Vleert is always striving to improve the Services and bring you additional functionality that you will find engaging and useful.
This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You agree that Vleert may terminate or suspend your access to the Vleert Services without prior
notice and without liability if such termination or suspension is based on the following:
if we reasonably believe that you have breached these Terms;
if you provide false information during registration or in your profile,
by request of law enforcement or other government agencies,
or technical or security issues or problems,
if your use of Vleert creates risk for us or for other users of Vleert, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation;
for any other reason in our sole and absolute discretion.
you will not create another new profile account, if we’ve disabled one you had, unless you have our written permission first;
11.2 Vleert reserves the right
to terminate any account considered as squatting on a username, or accounts that are deemed as spammers, or violate any laws of European Union or Internationals laws
all over the world. Vleert may terminate or suspend its services at any time, and for any reason without any liability. It is in our sole discretion and we will not be liable to you or any third party for any termination of your account on Vleert.
12.1 You agree that
you (and your organization, if you are using Vleert site or Vleert software on behalf of such organization) hereby agree to indemnify, defend and hold harmless, Vleert G.P. Cineapolis Ltd, its licensors, its agents, its partners, and its andtheir respective affiliates, officers, directors, employees, contractors and suppliers from and against any and all claims, obligations, actions, losses, liability, damages and costs, including but not limited to reasonable attorneys’ fees incurred by such parties, in connection with or arising out of :
your violation or breach of any term of the terms and conditions or any applicable law, rule or regulation, whether or not referenced herein,
or your violation of any rights of any third party,
or your use or misuse of the software and/or any of the services,
or your content or other communication displayed or transmitted by means of the software and/or
any of the services,
or any other party’s access and use of the software, services and/or content with your phone number
or any taxes related to your purchase and/or use of any of the services (other than taxes based on the income of Vleert G.P. Cineapolis Ltd).
We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defence of these claims.
You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
13. Disclaimers; No Warranties
13.1 ALTHOUGH WE MAKE GREAT EFFORTS TO MAKE OUR SERVICE ERROR AND INTERRUPTION FREE, WE CANNOT PROMISE THAT SUCH EFFORTS WILL RESULT WITH SUCH DESIRED PERFORMANCE. YOU USE VLEERT SOFTWARE AT YOUR SOLE RISK.
The Vleert services and any third-party software, services, or applications made available in connection with the Vleert services are provided “as is,” without warranty of any kind. To the maximum extent permitted by applicable law, Vleert G.P. Cineapolis Ltd, and its suppliers and partners, disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non- infringement of proprietary rights.
13.2 VLEERT AND ITS SUPPLIERS AND PARTNERS DO NOT GUARANTEE
that the functions contained in the Vleert services will be uninterrupted or error-free, that defects will be corrected, that the Vleert services or the server that makes them available are free of harmful components or that the Vleert services will meet your requirements.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
13.3 WE DO NOT GUARANTEE THAT VLEERT SOFTWARE WILL ALWAYS BE:
Safe, secure or error-free. Any material downloaded or otherwise obtained through Vleert is done at your own discretion and risk.
YOU WILL BE SOLELY RESPONSIBLE FOR: Any damage to your or another’s device (mobile phone, tablet, computer) or loss of data that results, directly or indirectly, from the download of any such material.
13.4 UNDER NO CIRCUMSTANCES shall Vleert G.P. Cineapolis ltd be responsible for:
Any loss or damage, including personal injury or death, resulting from use of the service or from any content posted, transmitted to members, or any interactions between users of the Vleert software, whether online or offline. The website and the service are provided "as-is" and Vleert G.P. Cineapolis Ltd expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
13.5 Vleert.com cannot warranty and does not promise any specific results from use of the website and/or the service.
Vleert G.P. Cineapolis Ltd takes no responsibility for:
Third party advertisements which are posted on Vleert website or through the Vleert service, nor does it take any responsibility
for the goods or services provided by its advertisers. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH VLEERT IS DONE AT YOUR OWN DISCRETION
14. Limitation of Liability
14.1 IN NO EVENT WILL VLEERT G.P. CINEAPOLIS LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
Any lost profit or any indirect, consequential, exemplary, incidental, special
or punitive damages arising from this agreement, the sites, products or third-party sites and products, even if Vleert G.P. Cineapolis Ltd has been advised of the possibility of such damages.
Access to, and use of, the sites, products or third-party sites and products are at your own discretion
and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom
Notwithstanding anything to the contrary contained herein, Vleert G.P. Cineapolis Ltd liability
to you for any damages arising from or related to this agreement, the sites and products (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of
FIFTY U.S DOLLARS ($50).
IN NO EVENT will Vleert G.P. Cineapolis Ltd suppliers have any liability arising out of or in any
way connected to this agreement.
Some jurisdictions do not allow some of the limitations or exclusions of liability for damages described above, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction tojurisdiction.
WE ARE NOT RESPONSIBLE FOR: Any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Vleert or responsible for
the conduct, whether online or offline, or any user of Vleert.
WE ARE NOT LIABLE FOR: Any lost or deleted information or data, whether intentional
or unintentional, nor for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
To the extent permitted by applicable laws and regulations and in connection with these terms Vleert G.P. Cineapolis Ltd, or Vleert.com, or Vleert software, or any of our affiliate companies,
in no event will we be liable for any damages caused by for any of the following:
any natural disaster such as floods, earthquakes or epidemics;
any social event such as wars, riots or government actions;
any computer virus, trojan horse or other damage caused by malware or hackers;
any malfunction, bug or failure of our or your software, system, hardware or connectivity;
improper or unauthorized use of vleert.com or Vleert software;
your use of vleert.com or Vleert software in breach of these terms;
any reasons beyond our reasonable control or predictability;
for any indirect, special, consequential, exemplary or punitive damages; and/or for any loss
of business, revenues, profits, goodwill, content or data.
15. Choice of Law & Exclusive Venue
15.1 These Terms are governed by the laws of NICOSIA, CYPRUS aside from its conflict of laws principles.
Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within NICOSIA, CYPRUS for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
16. Resolution of Disputes and Arbitration Agreement
16.1 Mandatory Arbitration:
Any dispute or claim between you and us relating to or arising out of the Services or the Terms (except for small claims court matters or the injunctive or other equitable relief mentioned in Section 15 above), will be referred to and determined exclusively through binding confidential arbitration conducted in NICOSIA, CYPRUS.
Any claims or disputes where the total amount of the award sought is less than One Hundred U.S. Dollars (US $100,00) may be resolved through binding non-appearance-based arbitration, at the
option of the party seeking relief. For claims or disputes where the total amount of the award sought
is One Hundred One U.S. Dollars (US $101,00) or more, the right to a hearing will be determined by the arbitration rules.
You and Vleert G.P. Cineapolis Ltd may also take claims to small claims court NICOSIA, CYPRUS,
if the dispute qualifies for hearing by that court. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT
FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.
You and Vleert G.P. Cineapolis also agree that:
you and Vleert G.P. Cineapolis will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator;
the arbitrator may, in making an award of costs, consider whether costs are prohibitive compared to litigating in a court, and may require Vleert G.P. Cineapolis Ltd to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, in which case Vleert G.P. Cineapolis Ltd will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost- prohibitiveness;
the arbitrator will honor claims of privilege and privacy recognized at law;
the arbitrator may award any individual relief or individual remedies that are permitted by applicable law;
the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE
OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less costly than rules applicable
in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Vleert G.P. Cineapolis Ltd in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE VLEERT G.P. CINEAPOLIS LTD WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
16.3 Class Action Waiver:
The arbitration will be conducted on an individual basis and not in a class, consolidated or representative action. The arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief.
16.4 By using the Service in any manner, you agree to the above arbitration agreement.
In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the VLEERT G.P. Cineapolis Ltd (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE
OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can,
but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify,
or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the
event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the VLEERT G.P. Cineapolis Ltd (except for small-claims court actions) may be commenced only in the courts located in NICOSIA, CYPRUS. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out, postmarked within 15 days of the date of this Agreement, to the address email@example.com. Your written notice must include your Vleert user name you used to sign up with your Vleert account.
According to the above:
IF YOU SEND written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or Vleert G.P. Cineapolis Ltd.
IF YOU DO NOT SEND this written notice, then you agree to be bound
by the mandatory arbitration provisions in this agreement.
YOU HAVE THE RIGHT to opt out of this agreement to arbitrate if you tell us within 60 days
of your first download or use of Vleert software that you want to opt out.
IF YOU WANT TO OPT OUT, send a written notice
advising us of your decision. Unless you opt out of arbitration, you are waiving the right
to have a dispute heard before a judge or jury, or otherwise to be decided by a court or governmental tribunal.
This Agreement, and any dispute between you and the Vleert G.P. Cineapolis Ltd, shall be governed by the laws of NICOSIA, CYPRUS, without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr.
Vleert G.P. Cineapolis Ltd does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the U.S or WORLWIDE.
The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
If any provision of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in anyone instance, will not waive such term or condition or any subsequent breach thereof.
The provisions of this Agreement that require or contemplate performance after the termination of this Agreement and all provisions relating to limitation of liability, disclaimers, and indemnification will
be enforceable notwithstanding such termination.
Neither party will be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. If any dispute arises under this Agreement, the prevailing party will be reimbursed by the other party for any and
all legal fees and costs associated therewith.
SOME JURISDICTIONS do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above warranty limitations may not apply to you. In such cases, our warranties and liability will be limited to the fullest extent permitted by applicable law.
in accordance with the laws of the NICOSIA, CYPRUS without regard to conflicts of laws principles.
If any part of these Terms is found
to be unenforceable, then that provision will be severed from these Terms and not affect the validity
or enforceability of the remaining terms.
All rights that granted to you, are reserved by Vleert G.P. Cineapolis Ltd and all intellectual property in the Services is owned or licensed by us. These Terms are the final, complete and exclusive agreement between you and Vleert G.P. Cineapolis Ltd and supersede all prior agreements between us.
This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Vleert without restriction.
If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation.
We may assign the Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.
18.3 If we need to contact you about these Terms, you agree to:
receive electronic messages from us; and
that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing.
We agree that these Terms and all related documents are in English.
Vleert welcomes your comments, questions and suggestions. You may send us an email with information relating to our app performance or other issues at firstname.lastname@example.org