Terms of use

By using the vimageapp.com website and the Vimage Services (Vimage- , Expose-, TapVenture mobile and web applications) you are agreeing to be bound by the following terms and conditions (“Terms of Use“).

Basic Terms

  1. You must be at least 13 years or older to use this app.
  2. You may not post nude, partially nude, or sexually suggestive photos.
  3. You are responsible for any activity that occurs under your screen name.
  4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate other Vimage users.
  5. You may not use the Vimage Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content“) that you submit, post, and display on and from the Vimage Services.
  7. You must not modify, adapt or hack Vimage Application or modify another Application so as to falsely imply that it is associated with Vimage.
  8. You must not access Vimage’s private API by any other means other than the Vimage application itself.
  9. You must not crawl, scrape, or otherwise cache any content from Vimage including but not limited to user profiles and photos.
  10. You must not create or submit unwanted email or comments to any Vimage members (“Spam“).
  11. You must not use our web URLs in your name without prior written consent from Vimage.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. You must not, in the use of Vimage, violate any laws in your jurisdiction (including but not limited to copyright laws).
  14. Violation of any of these agreements will result in the termination of your Vimage account. While Vimage prohibits such conduct and content on its site, you understand and agree that Vimage cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Vimage Services at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Vimage Services for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on Vimage.

  1. Vimage does NOT claim ANY ownership rights in the Content that you post on or through the Vimage Services. By displaying or publishing (“posting“) any Content on or through the Vimage Services, you hereby grant to Vimage a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly will not be distributed outside the Vimage Services.
  2. Some of the Vimage Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Vimage may place such advertising and promotions on the Vimage Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Vimage Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Vimage Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Vimage Services.
  4. The Vimage Services contain Content of Vimage (“Vimage Content“). Vimage Content is protected by copyright, trademark, patent, trade secret and other laws, and Vimage owns and retains all rights in the Vimage Content and the Vimage Services. Vimage hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Vimage Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Vimage Services.
  5. The Vimage Services contain Content of Users and other Vimage licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Vimage Services.
  6. Vimage performs technical functions necessary to offer the Vimage Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Vimage Services.
  7. Although the Site, iPhone App and other Vimage Services are normally available, there will be occasions when the Site, iPhone App or other Vimage Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Vimage. Also, although Vimage will normally only delete Content that violates this Agreement, Vimage reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Vimage in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Vimage encourages you to maintain your own backup of your Content. In other words, Vimage is not a backup service. Vimage will not be liable to you for any modification, suspension, or discontinuation of the Vimage Services, or the loss of any Content.

Scope of License Granted

License management should be managed by platform and application separately.

 

Vimage Free License (“Free”).  Subject to all of the other terms, conditions, restrictions and limitations set forth or referenced herein, the Free license grants to a single, individual user a free, personal, limited, nonexclusive and nontransferable right and license to access and use a limited functionality version of the Vimage software for personal, non-commercial and evaluation purposes only. The user has Free license until upgrades to one of Vimage’s paid subscription, or lifetime licenses. You agree not to sell, transfer or license any Outputs created under a Free license or derivative works created from the Outputs.

Vimage Pro Single User License (“Pro Personal”).  Subject to all of the other terms, conditions, restrictions and limitations set forth or referenced herein, the Pro Personal license grants to a single, individual user a personal, limited, nonexclusive and nontransferable right and license to access and use a version of the Vimage software for personal, personal-branding and personal commercial purposes. The Pro Personal license provides additional features and functionality beyond those available under a Free version and as specified on the Google Play Store, Apple App Store, Huawei App Gallery („distributor’s”).

Vimage Business License (“Pro Business”).  Subject to all of the other terms, conditions, restrictions and limitations set forth or referenced herein, the Pro Business license grants to a single business entity a limited, nonexclusive and nontransferable license to access and use of a full version of the Vimage software with a single account for business and commercial purposes. Under a Pro Business site license, the licensee is responsible to insure that all employees or agents who use or have access to the Vimage software and services are aware of and comply with all the terms, conditions, restrictions and limitations applicable to their use of and/or access to the Vimage software and services.

The Pro Business licenses are further expressly not limited to the production of Outputs created with the Vimage software and services for sale, transfer or licensing by the licensee to a third party or parties.

Except for those rights specifically and expressly granted to a user/licensee hereunder, Vimage hereby expressly reserves all other rights in and to the Vimage software and services.  Any use of the Vimage software or services beyond the scope of the license granted shall constitute a material breach of the license and this Agreement.

Subscriptions and Payments

The Pro Personal and Pro Business licenses are provided on a subscription basis or as a one-time fee.  Vimage may revise its subscription rates at its sole discretion upon notification of any such change at least 45 days prior to the next charge. Once you enter into a subscription, you agree to pay to Vimage the then applicable monthly or annual subscription fee applicable to the specific type of license, and you hereby authorize Vimage (by and through its authorized payment agent („distributor”)) to charge your payment card for the applicable subscription fee on a monthly or yearly basis, as the case may be, automatically and without further authorization from you.  To terminate the subscription and avoid further charges, at least 30 days prior to the end of the current subscription period you must provide to the distributor’s electronic notice of your termination of your subscription.

The Pro Personal  and Pro Business licenses sold via the distributors, so please visit the distributor’s website for more information.

You are responsible to maintain and update current payment information on the Distributor Site.  In the event payment is declined for whatever reason, Vimage reserves the right, without notice, to immediately terminate your subscription/license and to block access to the Vimage software and services, including, but not limited to access to any of your stored Content and Outputs.

Term and Termination

The Pro Personal and Pro Business licenses shall continue from month-to-month or from year-to-year (more information see the distributors legal documents), as the case may be, until terminated as provided herein.

Either party may terminate this Agreement if immediately for failure to provide timely payment of an applicable monthly or annual subscription fee for any reason whatsoever 

If this Agreement terminates: (a) the rights and licenses granted by Vimage to licensee will cease immediately; (b) Vimage may, at licensee’s request, provide licensee access to its account at then-current fees so that licensee may export its Content, Outputs and other licensee-owned data; and (c) after a commercially reasonable period of time, Vimage may delete any license Content, Outputs, other licensee-owned data, and/or other data relating to licensee’s account.

    More information on the “GDPR Privacy Rights” page