This User Agreement (the “Agreement”) lists the conditions that shall dictate the relationship existing between ViaNile LLC and Smart Choice Centre Limited, (the “Companies”) and you (the “User”) who shall agree to the terms of this Agreement by virtue of accessing WWW.ViaNile.Com (the “Site”), which ViaNile LLC and Smart Choice Centre Limited owns and operates.
(A) Other than page cacheing, User agrees not to download or modify the Site without written consent of the ViaNile LLC and Smart Choice Centre Limited. Only with express written permission shall User be allowed to use the ViaNile LLC and Smart Choice Centre Limited’s trademark for any reason.
(B) User may not make any commercial use of the Site or the information contained herein, without ViaNile LLC and Smart Choice Centre Limited’s express written consent. User may not make any business application of his or her News feed or Timeline. Nor shall User frame the Site in any manner to enclose any trademark. User may not make use of data mining, robots, or other extraction tools in connection with User’s use of the Site.
(C) Any action taken by User that violates this section shall terminate User’s license to use the Site. When a user license is cancelled, such user must not open a different ViaNile.Com account without stated written authorization granted by ViaNile LLC and Smart Choice Centre Limited/ ViaNile.Com.
(D) ViaNile LLC and Smart Choice Centre Limited may, at its sole discretion, take any action it deems necessary should User violate any of the terms of this Agreement.
(E) ViaNile LLC and Smart Choice Centre Limited do not help User in sharing any object over which the User doesn’t have any right of usage, besides offering a platform wherein Users could converse , share whatever he or she have right to utilize. Any user uploading videos, audio, document, hyperlinks, games on the Site’s blogs, timeline, news feed, community pages, discover pages, groups pages, events pages, opinion pages, survey and/or poll pages, or any other pages/features on the ViaNile.Com Website, such user must have the right to post such objects. ViaNile LLC and Smart Choice Centre Limited never give warranty about the quality of any products published on the ViaNile.Com website, together with audio and video calls carried out on the Website. ViaNile LLC and Smart Choice Centre Limited gives no assurance that any feature shall be obtainable on the Website at every moment.
(F). Users accepts that ViaNile LLC and Smart Choice Centre Limited have the right to momentarily or totally take off any object uploaded on the account of the user, in the event that ViaNile LLC and Smart Choice Centre Limited or WWW.ViaNile.Com is going through challenges, and also ViaNile LLC and Smart Choice Centre Limited have the right to add such objects to the account of the user when ViaNile LLC and Smart Choice Centre Limited believes the challenge has been fixed. In addition, the responsibility of the user to apply the personal privacy option to determine who sees their posts as well as who interacts with them. This is important because whenever a user makes a post or publish a content making use of the general setting, that user has by default made it possible for everybody, both those that have as well as without ViaNile.Com account to gain access to and utilize details connected with his or her account. ViaNile LLC and Smart Choice Centre Limited provides no guarantees with regards to how the setting function operates, together with the verity of any product or interaction published by other users of the Website.
- RESTRICTIONS. User agrees that in using the ViaNile.Com’s Services, User will not post any Content that contains:
ViaNile LLC and Smart Choice Centre Limited, in its sole discretion, shall determine if any content posted on the Site violates this Section 2 and may alter or delete anything posted by a User that it deems to have violated this Section.
- THE SERVICE. ViaNile LLC and Smart Choice Centre Limited provides, through the Site, a venue through which Users may connect, get ideas, carry out poll, interact, share and influence others in a constructive manner. There are, however, some rules that Users using the site must follow.
(A) User agrees to assign ViaNile LLC and Smart Choice Centre Limited all intellectual property rights in the content of any item placed on the Site, to the extent that User is able to do so.
(B) User grants to ViaNile LLC and Smart Choice Centre Limited a royalty free right to use, distribute, and copy any content contained in any post placed on the Site (in whole or in part), or otherwise communicated to ViaNile LLC and Smart Choice Centre Limited through the Site and a license to incorporate it into other works in any manner that ViaNile LLC and Smart Choice Centre Limited sees fit.
(C) Publishing on the Website does not require any payment in favor of ViaNile LLC and Smart Choice Centre Limited; however, ViaNile LLC and Smart Choice Centre Limited may require individuals who desire to make particular publication on the Website to pay some fees. The cost of which is displayed on the price plan in a different place on the Website (the “Fee”). Every fee is required to be paid in Dollars or Euros. In case the publication is designed for business / commercial purpose the users shall be needed to support their trading level by making any of the following documents available:
- A Registered Company Name
- A vat Number
- A document from the Revenue declaring the status of the user
Furthermore, in the event it’s not clear regarding how the publication connect in with the user’s current business they shall be instructed to offer a brief clarification through e-mail highlighting why the publication is needed, what it really projects as well as the connection to the business of the user.
(E) All information provided to ViaNile LLC and Smart Choice Centre Limited /ViaNile.Com by User is current and true to the best of User’s knowledge. User agrees to update said information in the event any of it changes.
- LINKING TO THE SITE. User may link to the Site so long as he or she abides by the following: (i) User must attach an ® to “ViaNile.Com;” (ii) cannot alter the content of the linked-to page; (iii) cannot alter any of ViaNile LLC and Smart Choice Centre Limited’s intellectual property; (iv) the website linking to the Site must adhere to the standards set out in Section 2 of this User Agreement; and (v) User must comply with any request to remove the link to the Site.
- TERMINATION/SUSPENSION OF THE SERVICE. ViaNile LLC and Smart Choice Centre Limited reserves the right to suspend or terminate User’s access to the Service at its sole discretion if User is in material breach of this Agreement and (i) ViaNile LLC and Smart Choice Centre Limited has informed User in writing of said breach and User failed to remedy said breach; or (ii) said breach is something that may not be remedied. User may not circumvent this action by any means and should User attempt to do so through the payment of extra Fees, User forfeits all right and title to those Fees regardless of ViaNile LLC and Smart Choice Centre Limited’s further action to suspend or terminate the Services. In such circumstance, users cannot set up a second account since it is not allowed to register more than a single private account on ViaNile.Com. Furthermore, user cannot assign/transfer his or her ViaNile.Com account to another person.
Specifically, ViaNile LLC and Smart Choice Centre Limited may suspend or terminate User’s access to the Service at its sole discretion if (i) User has not paid outstanding Fees; (ii) ViaNile LLC and Smart Choice Centre Limited reasonably believes there is a risk of loss or damage to ViaNile LLC and Smart Choice Centre Limited in any way if ViaNile LLC and Smart Choice Centre Limited does not suspend or terminate User’s access to the Services; (iii) the law requires ViaNile LLC and Smart Choice Centre Limited to suspend or terminate User’s access to the Services; (iv) ViaNile LLC and Smart Choice Centre Limited reasonably believes that User is accessing or using the Services in an illegal manner; (v) ViaNile LLC and Smart Choice Centre Limited receives a serious complaint regarding User’s use of the Services; or (vi) any reason ViaNile LLC and Smart Choice Centre Limited deems necessary, at its sole discretion.
- USER ACKNOWLEDGMENTS. User acknowledges and agrees to the following:
(A) The Website is just a platform whereby Users may connect, gets comments, conduct , share ideas, exchange and influence his or her readers in a constructive manner. ViaNile LLC and Smart Choice Centre Limited is not a privy to whatever exchange carried out on the Website and provides no guarantees whatsoever kind – either stated or assumed – regarding any association made on the Website. Neither does ViaNile LLC and Smart Choice Centre Limited provides any guarantees about the correctness of any comment made by any User on the Website.
(C) ViaNile LLC and Smart Choice Centre Limited holds, in its singular judgment, the right to take off such videos/materials. But, in case ViaNile LLC and Smart Choice Centre Limited takes out mentioned videos/materials, those videos/materials could still be accessible on the website or wherein the contents came from. Any User that inputs his or her contact number, or anything related to 3rd party services, the user comprehends and consents to the Terms and conditions of usage, Security, Cookie Rules of stated 3rd party services. User carries full obligation regarding legality, mistakes, exclusions, discrepancies, or otherwise. Therefore, User will be held liable for any consequences for any material transferred using such 3rd party services, which includes violations of the privileges of any 3rd party.
(D) No communications by ViaNile LLC and Smart Choice Centre Limited through the Site are intended to endorse or guarantee any communications/transactions made through the Site. ViaNile LLC and Smart Choice Centre Limited bears no responsibility related to any transaction and User must conduct his or her due diligence before executing any such transaction.
(E) By virtue of using the Service, User may receive service-related emails of which User may not opt-out of receiving.
(F) User bears sole responsibility for the content of the material submitted with regard to legality, errors, omissions, inaccuracy, or otherwise. As such, User shall be held responsible for any repercussions for any content he or she posts on the Site, including violations of the rights of any third party.
(G) By using the Service, User may be exposed to offensive content and ViaNile LLC and Smart Choice Centre Limited shall bear no responsibility for any such exposure.
(H) Due to the processes involved in providing the Service, any content posted by User may be transmitted over several networks, and may be altered to fit the technical requirements of such networks.
- USER REPRESENTATIONS AND WARRANTIES. User represents and warrants the following:
- Any User that publishes a post on the Site must be at least 18 years of age.
- Any item posted on the Site accurately and adequately describes the material /product.
- User will not knowingly violate this User Agreement in posting any item.
(D) User shall not use any third-party program to alter the proper working of the Site. User also agrees not to use any automatic device to copy any of the Site’s content without written Consent from ViaNile LLC and Smart Choice Centre Limited.
(E) User must not make use of an identical identifier/ username for his or her account, if that occurred, we hold the right to take away or restore that identifier/ username.
(F) User cannot make use of the ViaNile.Com website in the event that he or she has been found guilty of sexual offences.
(G) User must not mark other users or send out invites to non-users without their consent.
(H) User shall follow all applicable rules regarding transmission of content through the Internet in the Republic of Ireland and the jurisdiction in which User resides and accesses the Site.
- INTELLECTUAL PROPERTY. All content on the Site is ViaNile LLC and Smart Choice Centre Limited’s property or that of its content suppliers and bears intellectual property protection. ViaNile LLC and Smart Choice Centre Limited does not grant to User a license to use any such intellectual property.
To notify ViaNile LLC and Smart Choice Centre Limited of any copyright-infringing content, please contact us at [email protected]
- RESPECTIVE LIABILITIES.
(A) The terms that apply to this Site are those contained in this User Agreement and no other rights are to be incorporated, either expressly or implicitly. ViaNile LLC and Smart Choice Centre Limited acknowledges its liability in situations pertaining to breach of contract or negligence however, ViaNile LLC and Smart Choice Centre Limited shall assume no liability for (i) losses from any User’s use of the Services; (ii) any dispute between two Users of the Site; (iii) negligence or breach of contract by any User of the Site or any other third party; (iv) any failure to mitigate losses by any User; (v) failure to comply with obligations imposed by this User Agreement; and (vi) any liability caused by the modification of this User Agreement. User hereby releases ViaNile LLC and Smart Choice Centre Limited and any affiliates of any claims, demands, damages, costs, penalties, and liabilities, however arising out of or in connection with the Services.
(B) User acknowledges User’s liability for any breach of contract or negligence connected with the Services and agree to indemnify ViaNile LLC and Smart Choice Centre Limited and its officers, employees, and agents against all claims, demands, damages, costs, penalties, and liabilities caused by any breach of this Agreement by User.
- DISCLAIMER OF WARRANTY. The Site is provided as-is without warranties of any kind, express or implied and use of the Service is at User’s sole risk. ViaNile LLC and Smart Choice Centre Limited makes no warranties including but not limited to:
(A) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;
(B) that the Site or the services will meet your requirements;
(C) that the Site will be secure, uninterrupted, accessible, or error free; and/or
(D) that any information, data, or content will be accurate, reliable, complete, timely, or free from viruses or other destructive code.
- COMMUNICATIONS. ViaNile LLC and Smart Choice Centre Limited may utilize any communications made by and between ViaNile LLC and Smart Choice Centre Limited and User in any way it sees fit. There is no right of confidentiality in any such communications.
- ERRORS AND OMISSIONS. There may be mistakes in the content of the Site including that of errors. ViaNile LLC and Smart Choice Centre Limited shall bear no liability for any such inaccuracies and/or mistakes.
- NO AFFILIATION. User agrees and acknowledges that User’s relationship with ViaNile LLC and Smart Choice Centre Limited is that of an independent contractor and ViaNile LLC and Smart Choice Centre Limited has no duty to the Users beyond that which is expressly stated on the Site. In particular, User agrees and acknowledges that ViaNile LLC and Smart Choice Centre Limited has no duty regarding (i) User’s access to the Site or Services; (ii) what content is accessed through the Site or ViaNile LLC and Smart Choice Centre Limited’s services; (iii) what content other Users publish or make available through the Site or ViaNile LLC and Smart Choice Centre Limited’s services; or (iv) how other Users view or interpret any content made available through the Site or ViaNile LLC and Smart Choice Centre Limited’s Services.
- PRODUCTS AND SERVICES. Some of the information contained on the Site may be for products or services that are not available in User’s jurisdiction. There is no guarantee every product or service on the Site will be available to every User.
- THIRD PARTY LINKS. Some links on the Site lead to third party websites that ViaNile LLC and Smart Choice Centre Limited has no control over or affiliation with. User agrees that ViaNile LLC and Smart Choice Centre Limited bears no responsibility for the content or availability of these websites.
- MODIFICATION. ViaNile LLC and Smart Choice Centre Limited may alter this User Agreement from time to time. Upon such alteration, the Site will display the changes and there shall be no other notification of such changes.
- SEVERABILITY. Should any component of this User Agreement be held unenforceable for any reason, then the rest of the agreement shall be enforced and interpreted as if the unenforceable portion had not been in the original agreement.
- VENUE. This User Agreement shall be governed by the laws of Ireland. This User Terms was authored in English and also been turned to various languages and versions. For the sake of eventuality, the English version remains supreme if there should be any need for interpretation.
- NO WAIVER. Should any party not require performance of any component of this Agreement, it shall not be construed as a waiver of the right to enforce said component at any time thereafter.
Prohibited Items. The following items are not to be distributed on the Site, notwithstanding any other sections that expressly allow categories of such items, or such items with
- Pornographic items
- Unclassified films and unclassified computer games
- Adult services and products
- Illicit drugs, tobacco, and liquor
- Pet Food
- Pet Medication
- Sports Supplements
- Weapons (including, but not limited to firearms, crossbows, knives, and swords)
- Hazardous materials (e.g., chemicals, biological materials, radioactive materials)
- Human remains
- Deceased and preserved animals
- Animal products (e.g., eggs, ivory)
- Radar detectors and other prohibited speed measuring/evading products
- Surveillance equipment
- Satellite or cable descramblers
- Magnetic stripe/smart card programming devices
- Items referring to Nazism, the SS, or the Ku Klux Klan
- Authentic German or Japanese WWII objects
- Government-issued identifying articles
- False identification articles
- Government worker uniforms (e.g., law enforcement, emergency services)
- Security uniform
- Transportation uniform (e.g., pilot, stewardess, mass transit)
- Medical equipment
- Gaming/gambling machines
- Any transport tickets
- Boat moorings
- Products subject to a recall
- Vehicle identification plates
- Items that relate to a specific crime or crime generally
- Religiously or racially offensive items
- Second hand swimwear or lingerie
- Credit notes
Restricted Items. The following items are not prohibited but may carry some restrictions for any sales through the Site.
Tickets to events – The resale of tickets may or may not be prohibited by the event’s promoter or the laws of the jurisdiction. It is up to the User to determine if he or she may sell the ticket to any event through the Site. If it is prohibited by the laws or the jurisdiction, the promoter, or any other party with a legitimate interest in prohibiting the sale, then User may not sell the item on the Site.
Domestic animals – There are certain laws and regulations that cover the sale of domestic animals, to protect both the purchaser of the animal and the animal itself. It is User’s responsibility to determine if any laws or regulations apply to his or her sale and follow them.
Some regulations to consider: (i) registration of the animal; (ii) desexing of the animal; and (iii) prohibition on sick, diseased, or dangerous animals.
Users may not sell any of the following dog breeds (or any dogs that are cross-breeds containing one of these breeds) through the Site: (i) Dingo; (ii) Dogo Argentino (Argentinean Mastiff); (iii) Fila Brasileiro; (iv) Presa Canario; (v) Japanese Tosa; (vi) American Pit Bull Terrier.
Artwork – Any art to be shared through the site must meet the standards for vulgarity laid out in our User Agreement. All art must be appropriate to be viewed by a minor and may not contain any representation of frontal nudity, human genitalia, or a nipple. Furthermore, artwork to be shared on the Site may not depict any person that is under 18 years of age.