Thank You for Using Vacarious!
By using Vacarious and its associated services, you are agreeing to these Terms of Service and Use policies. Please read them carefully.
Use of Vacarious’s Services:
By agreeing to Vacarious’s Terms of Service and Use Policies, you agree to not misuse Vacarious’s Services (Services). You shall access the Services by using the interface provided by Vacarious and shall not circumvent this interface for improper use. Use of the Services must be in compliance with local, state, and federal laws and regulations. Vacarious retains the right to suspend or terminate any Services to you if you do not comply with the Terms of Service and Use Policies and / or if you are being investigated for misconduct.
Use of our Services does not entitle you to ownership of any intellectual property rights other than content originally created by you. You may only use content from our Services if you obtain the permission of the original content creator or are otherwise permitted by the law. Agreeing to these terms does not grant you the right to use any of Vacarious’s intellectual property, including brands, logos, and copyrighted content.
Vacarious Contacting You:
In connection with your use of Vacarious’s Services, Vacarious may send you service announcements, administrative messages, and other information. You may opt out of certain communications.
Privacy and Copyright Protection:
Your privacy is of pivotal importance to Vacarious. Our Data Usage Policy explains our treatment of your data and how we protect your privacy while using our Services. By using our Services, you agree that Vacarious can use your data in accordance to the aforementioned data usage policy.
We respond to reports of alleged copyright infringements and suspend accounts of repeat infringers in accordance to the process set out in the U.S. Digital Millenium Copyright Act.
Your Content and Vacarious’s Services:
Your intellectual property will always remain your property.
When you upload, submit, or store content through Vacarious’s Services, your grant Vacarious (and those we work with) a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the purpose of operating, promoting, and improving our Services. These rights continue even if you stop using our Services.
Vacarious Software Use:
Some of Vacarious’s Services will be accessible through downloadable software provided by Vacarious. This software may update automatically on your device once a new version or feature is available.
Vacarious grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use Vacarious’s software in accordance with Vacarious’s Terms of Service and Use Policies. The license is granted for the sole purpose of providing you access to Vacarious’s Services on mobile devices. You may not copy, modify, distribute, sell, or lease any part of Vacarious’s services or software. You may not reverse engineer or attempt to extract any source code of the software, unless laws prohibit those restrictions or you have our permission.
Modifying and Terminating Vacarious’s Services:
Vacarious is constantly changing as Services are being added, modified, or removed with each iteration. Although these Services are always in flux, Vacarious will try to provide advanced notice to you before any changes take effect so that you can retrieve your data.
Warranties and Disclaimers:
Use of Vacarious’s Services is at your own risk.
OTHER THAN EXPRESSLY SET OUT IN THESE TERMS OR IN ADDITIONAL TERMS, VACARIOUS DOES NOT MAKE ANY SPECIFIC PROMISES OR WARRANTIES REGARDING THE PROVIDED SERVICES. BY AGREEING TO THESE TERMS OF SERVICE AND USE POLICIES, YOU AGREE THAT VACARIOUS’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VACARIOUS DOES NOT MAKE ANY GUARANTEES ABOUT THE CONTENT WITHIN THE SERVICES, THE FUNCTIONS OF THE SERVICES, OR THE RELIABILITY AND / OR AVAILABILITY OF THE SERVICES. VACARIOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
Liability for Vacarious’s Services:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VACARIOUS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, FINANCIAL LOSSES, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATED TO THE CONDUCT OR CONTENT OF THIRD PARTY USERS OF VACARIOUS’S SERVICES, INCLUDING, WITHOUT LIMITATION, DEFAMATORY, LIBELLOUS, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS.
VACARIOUS’S TOTAL LIABILITY, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT CLAIMANT PAID TO USE VACARIOUS’S SERVICES.
Modification of these Terms:
Vacarious reserves the right to modify these terms or any additional terms that apply to the Services provided by Vacarious. Modification will occur by the posting of a revised Agreement for the use of Vacarious’s Services and / or by notifying you of the revised Agreement through email or through Vacarious’s mobile software, if applicable. Any modifications will not apply retroactively. You will be responsible for reviewing any modifications to the Agreement.
After modification, your subsequent use of Vacarious’s Services will require an explicit agreement to the modified terms. If you do not agree to the modified terms, you will not be permitted to use or access the Services. The modified agreement will become effective either (A) when you explicitly agree to the modified terms OR (B) no sooner than fourteen (14) days after the modified Agreement has been posted and notification of the modified Agreement has been provided to you.
Choice of Law and Venue:
This Agreement shall be governed by the laws of the State of California, excluding California’s conflict of laws rules, for any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or Services shall be litigated in the federal or state courts of Orange County, California, USA. You and Vacarious consent to the personal jurisdiction of the aforementioned courts.