Last updated: July 28, 2014
VH Business Corp is pleased to present to you its sites, software, applications, content, products and services ("VH"), which can be branded VH, Louie, Victor Hugo or other trademark owned or licensed by VH Business Corp . These terms govern the use and provision of our services VH where these terms are published and VH services we make available on third party sites and platforms if these terms are disclosed to you in connection with your Services using VH. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES VH.
ANY DISPUTE BETWEEN YOU AND U.S. MUST BE RESOLVED BY BINDING ARBITRATION INDIVIDUAL. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
NOTHING IN THESE CONDITIONS ARE INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN PLACE OF HABITUAL RESIDENCE. IF THERE IS A CONFLICT BETWEEN THESE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER LOCAL LAW prevail.
- Agreement between You and Us
This is a contract between you and VH Business Corp, a Florida corporation located at 2905 Wentworth Lane, Kissimmee, Florida 34741 USA, or between you and any identified different service provider for a particular service, VH. You must read and accept these terms before using the services of VH. If you disagree, you may not use the Services in VH. These terms describe the limited way in which services are available VH and supersede prior agreements or arrangements.
Additional terms and conditions may apply to some services VH, as the rules for a particular competition, service or other activity, or terms that may accompany certain content or software available through the Services VH. Additional terms will be announced to you in relation to this type of competition, service or activity. All additional terms and conditions are in addition to these terms and in the event of a conflict, prevail over these terms.
We may change these terms. Any amendment will be effective thirty (30) days following either our shipping notification to you or publication of the amendment in VH Services. If you disagree with any changes to these terms, you must stop using the Services VH. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate the contract with respect to you (including your access to the Services VH) if you breach any provision of these terms.
2. VH Services
VH Services are for your personal, noncommercial use, and are intended for informational and entertainment purposes. They do not constitute legal, financial, professional, medical or healthcare provider or diagnosis, and may not be used for such purposes. To support the smooth running of services through VH large geographic areas, aspects of certain activities, such as gambling, can be simulated to avoid delays.
VH Services are our property or copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service are owned by us VH or our licensors or licensees. Except as specifically agree in writing, nothing in the VH Services can be used or exploited in any way other than as part of the services offered to you VH. You can own the physical environment in which the elements of VH services are delivered to you, but retain full and complete ownership of the VH Services. We do not transfer title to any part of the Services of VH for you.
Content and Software License
If a service of VH is configured to allow the use of software, content, virtual goods and other materials owned and approved by us, we grant you a non-exclusive, non-sublicensable, non-transferable license to access and use such software, license, limited license contained virtual topic or any other material for solely for personal, noncommercial use.
You may not circumvent or disable any system of content protection or digital rights management technology used with VH Services; decompile, reverse engineer, disassemble or otherwise reduce any service VH to a human readable form; eliminate the identification, copyright or other proprietary notices; or access or use the Services VH illegal or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use the Services in violation of VH control U.S. exports and economic sanctions. With the acquisition of services, content or software through VH Services, you represent and warrant that access to and use of services, content or software comply with these requirements.
Disclaimers and Limitation of Liability
VH SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS.
WE WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR INDIRECT we INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WE WILL be held liable for delay or failure in performance caused by circumstances beyond our reasonable control. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (U.S. $ 100).
EXCLUSIONS AND LIMITATIONS MAY NOT AFFECT YOUR RIGHTS AS A CONSUMER OR MEANING TO LIMIT LIABILITY WHICH CAN NOT BE EXCLUDED UNDER THE LAW IN PLACE OF HABITUAL RESIDENCE.
Changes to VH Services
VH Services are constantly evolving and will change over time. If we make a material change to the VH Services, we will provide in advance, you will be entitled to terminate this contract.
Additional Restrictions on Use of VH Services
We do not allow use of the Services VH are trademarks or business-related, or that advertise or offer to sell products or services (whether or not for profit), or solicit others (including solicitation of contributions or donations ). You agree to not knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, damage or impair the Services or VH connected network, or interfere with any person or entity from the use or enjoyment of the Services VH. You agree not to use any device or software that enables automated game, racing game, or other manipulation of the game or the game client and you agree not to cheat or modify a service or VH gaming experience to create an advantage for a user on another opposite. You further agree not to access, monitor or copy, or allow another person or entity to access, monitor or copy any element of the Services of VH with a robot, spider, scraper or other automated means or manual process, without our express permission written.
Third Party Services and Content
If you have access to a service using a VH Apple iOS, Android or Windows device with Microsoft or Microsoft Xbox One, Apple Inc., Google Inc. and Microsoft Corporation, respectively, will be a third party beneficiary of this agreement. However, these beneficiaries of third parties not party to this contract and are not responsible for the delivery or support of VH Services. You agree that your access to the Services VH using these devices will also be subject to the conditions defined in terms of the third-party beneficiary, applicable service.
By accessing the services VH through a mobile phone network, network messaging or data roaming provider and other fees and charges will apply. The download, installation or use of certain services VH may be prohibited or restricted by the network provider and not all services VH can work with your network provider or device.
- Their content and features
User Generated Content
VH Services may enable you to communicate, post, upload or otherwise make available text, images, audio, video, contest entries or other content ("User Generated Content") that can be accessible and visible to the public. Access to these functions may be subject to age restrictions. You can not post or upload User-generated content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; However, grant us a non-exclusive, sublicensable, irrevocable, worldwide license free of royalties under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property to use, reproduce, transmit , print, publish, publicly display, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and operate such a user Generated Content, in whole or in part, in all media and formats whether now known or hereafter devised (including in relation to the Services and VH third party sites and platforms like Facebook, YouTube and Twitter), in any number of copies channels without time limit, mode and frequency of use, without prior notice to you, with or without attribution, and without the requirement of authorization or payment to you or any other person or entity.
You represent and warrant that your User Generated Content complies with these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us use and exploit the user generated content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiaries and affiliates, and each of their respective employees and agents, from any claim, loss, liability, claim or expense (including attorneys’ fees), made against us by any third party arising out of or in connection with the use and exploitation of the user Generated Content. You also agree not to assert any moral rights, ancillary rights or similar rights in or to the content you against us or our licensees, distributors, agents, representatives and other authorized users generated, and agrees to purchase the same agreement not apply to others who may possess such rights.
To the extent that we authorize you to create, send, upload, distribute, publicly display or perform User-generated content that requires the use of our works copyrighted publicly, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of building materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If these rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right, but not the obligation to monitor, screen, post, delete, edit, store and review User Generated Content or communications sent through VH service at any time for any reason, including to ensure that user-generated content or communication in accordance with these terms without notice to you. We are not responsible for, and do not endorse or guarantee, opinions, views, advice or recommendations posted or sent by users.
Some services allow or require VH create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including contact information for notices and other communications from us and payment information. You agree to not impersonate or misrepresent your affiliation with any person or entity, including using user name of another person, password or other account information or name or image of another person, or provide false information to a parent or guardian . You agree that we may take steps to verify the accuracy of the information you provide, including the contact information of a parent or guardian.
We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of Users who are repeat copyright infringers. In addition, we may suspend or terminate your account and your ability to use the Services VH if you engage in, encourage or advocate illegal conduct, or if you fail to comply with these terms or additional terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password and you are responsible for all activities under your account you can reasonably handle. You agree to notify us immediately of any unauthorized use of your username, password or other account information or any other violation of security you use to realize the participation of Your account or the Services VH.
The security, integrity and confidentiality of your information are very important to us. We have implemented technical, administrative and physical security measures designed to protect your information from unauthorized access, disclosure, use and modification.
- Payment Transactions
Identity of the seller
Sales are made by VH Business Corp or seller identified at the time of the sale, if different. If you have questions about your order, please contact the seller to the address and it will help. Some stores in VH Services are operated by third parties and, in that case, you can apply different or additional terms of the sale, which should read when presented to you.
Digital Content and Virtual Items
We can make applications, games, software or other digital content available Services VH licensed for a fee once. By buying a license to view this type of material from a VH service, the charges will be passed on to you in the service of VH before completing the purchase of the license.
Your purchase of an item or virtual currency in the game is a payment for a non-transferable license to access and use such content or functionality VH services limited license. Virtual objects (including characters and character names) or game currency purchased or available in Services VH only be used in connection with the Services VH which you obtained or where they were developed by you as a result of the game . These items are not returnable or refundable and can not be subject to foreign trade VH services for money or other items for the value. We may modify or discontinue items and virtual currency in the game at any time.
VH Some services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will automatically renew and unless you cancel your subscription, you authorize us to charge your payment method for the renewal period. The automatic renewal period will be the same as the initial subscription period, unless otherwise disclosed at the time of sale. The renewal fee shall be no more than the rate for the immediately preceding Subscription period, excluding any discounts and unless we notify you of a change in the rate prior to automatic renewal. Occasionally, we can offer a free subscription to a service test VH. If you register for a free trial subscription, we will start charging your account when the free trial subscription expires, unless you cancel your subscription before that time.
The Order Process
You will have the opportunity to review and confirm your order, including the delivery address (if applicable), payment method and product details. We will send you a notice when we accept your order and our acceptance will be deemed complete and for all purposes has been effectively communicated to you at the time we send the notice. At that time, the sales contract and binding on both you and us will take place. Risk of loss on any product you buy and the responsibility to ensure the passes to you when the goods in question are delivered.
We reserve the right to refuse or cancel any order before delivery. Some situations that may result in your order being canceled include system or typographical errors, inaccuracies of the product information or price or product availability, equity among customers where supplies are limited, or problems identified by our department credit or fraud. We may also require additional verification or information before accepting an order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have processed your payment, but before delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and notify us of changes in your payment information. We reserve the right to use the services of updating third-party credit card for expiration dates of credit cards.
Cancellation right; Return of Goods
When you subscribe to a service VH, you have the right to cancel your contract within fourteen (14) days after receipt and acceptance of these terms days and receive a full refund of the subscription fee paid. For monthly and annual subscriptions, if notice of cancellation is received within thirty (30) days after the first day of the initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you remain obligated to pay other charges incurred.
When you buy a license to access the digital content or virtual goods, you will be given the opportunity to consent to the delivery at the time of purchase. By accepting delivery, you acknowledge that you have lost the right to cancel and share license purchase is not refundable.
You have the right, within thirty (30) days from the date of your receipt of the physical goods, to cancel our contract with you and return the goods. This right to property held by us at VH Services to be non-returnable, including audio and video recordings, computer software, and a CD, DVD or other physical media have been unsealed does not apply. If you are returning goods that are not guilty, you may have to pay for the cost of returning the goods to us and we may deduct a reasonable amount if the merchandise is used.
If you wish to cancel, you must do so by following the cancellation instructions on the special service of VH. A cancellation form sample is available here.
Please note that the rights of cancellation and return does not apply for customized goods. Cancellations and changes to personalized products can not be made once you have submitted your order and personalized items can not be returned unless there is a manufacturing error or product defect. We reserve the right to refuse custom orders at our discretion. The inappropriate use of our service personalization will make your order be canceled and any payment refunded.
We can check the price of the products and services we offer. If you pay a regular subscription fee for a service of VH, we provide you with reasonable notice of changes to the fees or billing methods prior to the effective date and you will be able to cancel your subscription before the amendment. When you place your order, the tax is estimated to include the estimate of total convenience. The actual amount of tax to be applied to your order and charge your payment method is based on estimates of the shipping date, regardless of when the order was placed.
International Shipping; customs
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes collected. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; Manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; goods and accompanying materials can not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to the stress of destination countries (which requires the use of an adapter or converter). You are responsible for ensuring the goods can be legally imported into the country of destination. When ordering from us, the recipient is the importer and must comply with all laws and regulations of the destination country.
Contests that are introduced into a VH Service may have additional rules and conditions, but the following general rules apply absent contrary provisions in the rules or additional conditions for competition.
Your participation in the contest is User Generated Content and is subject to all provisions of these terms governing submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or when the appropriate parental consent was given. Competition entries are limited to one per person and tickets through agents or third parties or using multiple identities are not permitted. Use automated means, vows or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or registration at any time and without notice. We will do that if you can not guarantee that competition can be carried out fairly or correctly for technical reasons, legal or otherwise, or if you suspect that someone has manipulated inputs or results, provided false information or act without ethics. If we cancel or terminate a competition, the prize may be awarded in such a way that we consider fair and appropriate that supports local laws governing competition.
To enter a contest, you must be a registered user of the Services of VH and have an active account with current contact information. No purchase is necessary to enter a contest and a purchase will not improve your chances of winning. This competition is not open to our employees (or their immediate family) or anyone else professionally associated with the competition. If you are under 18 (or the age of majority under applicable law) and the competition is open to you, you may have your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential entry winners and award a prize to a winner in person. Contests are void where prohibited or restricted by law. Potential winners who reside in jurisdictions where competitions require an element of skill may be required to answer a mathematical proof in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserves the right to substitute a similar prize of equal or greater value. Prizes are not transferable (except to a child or other family member). Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries received and prizes are validly claimed on schedule in relation to the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise stated in the prize description before entering, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are the sole responsibility of each winner, although we reserve the right to withhold taxes and each winner agrees to complete a tax form required.
His acceptance of a prize constitutes agreement to participate in reasonable publicity relating to the competition and gives us an unconditional right to us to use your name, town, or city & state, province or country, image, information about the award and statements you about competition for promotional purposes of publicity, advertising and comply with laws and regulations, all without further permission or compensation. As a condition of receiving a prize, winners (or parent or guardian) may be required to sign and return an affidavit of eligibility, release of liability and publicity release.
- Additional Provisions
Presentations and unsolicited ideas Policies
Our company policy not longstanding allows us to accept or consider unsolicited creative ideas, suggestions or materials. In relation to anything you send to us – whether or not requested by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential relationship or fiduciary relationship is intended or created between you and us in any way, and you have no expectation of review, compensation or consideration of any kind.
Claims of Copyright Infringement
Notices of violation and against all copyright disputes must be sent to our Designated
VH Business Corp
2905 Wentworth Lane
Kissimme, Florida 34741 USA
Telephone: +1 7866083266
We will respond promptly to claims of copyright infringement committed using the services of VH that are reported to our Designated Copyright Agent identified above.
In the event of a dispute, you or VH must send the other party a notice of dispute, which is a written statement that includes the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You should send any notice of dispute to VH Business Corp, 2905 Wentworth Lane, Kissimme, Florida 34741 USA, Attention: Legal / Arbitration.
We will send any notice of dispute to you at the contact information we have for you. You and VH attempt to resolve the dispute through informal negotiations within sixty (60) days from the date of notification of the dispute is sent. After sixty (60) days, you or we may start arbitration proceedings.
You can also litigate a dispute in small claims court if the dispute is eligible to be heard in small claims court, whether or not you negotiated informally first.
If you and VH not resolve a dispute through the informal or small claims court negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator, whose decision is final except for a limited right of appeal under the Arbitration Act Federal U.S.. WAIVE tHE right to litigate a DISPUTE iN COURT BEFORE A JUDGE OR JURY. Arbitration shall be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent necessary to meet their individual demand.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration began in the city of Orlando, Florida, United States of America, and you and VH agree to submit to the personal jurisdiction of the federal or state courts located there, to compel arbitration, suspend the arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these Terms or the Services VH is not subject to arbitration shall be filed, and that the place properly lies, only in state or federal courts located in the town of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Choice of law
These terms shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms is unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive termination of these Terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision of these terms shall not constitute a waiver of such right or provision.