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VIFTY TERMS OF SERVICE CONSIST OF THE FOLLOWING DOCUMENTS:
In order to use the VIFTY APP, the USER must read and accept all of VIFTY’s TERMS AND CONDITIONS, in and linked to this Agreement. These TERMS AND CONDITIONS may be modified by VIFTY from time to time at VIFTY’s sole discretion, and will be effective immediately upon being posted upon the VIFTY website www.Vifty.com with or without additional notice to you.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY and any and all linked information. The USER is responsible for reviewing these terms and conditions regularly. By accepting this Agreement, the USER also acknowledges and agrees that some parts of VIFTY services or additional future services that VIFTY may offer be governed by separate terms and conditions, agreements and privacy policies. By use of the VIFTY App, in checking the box, clicking on the “I agree” button, and by logging in, a USER expressly consents to be bound by these TERMS AND CONDITIONS and agrees to abide by the letter and spirit of the TERMS AND CONDITIONS of this Agreement and all applicable local, state, national and international laws.
BY ACCEPTING THESE TERMS AND CONDITIONS, THE USER ACKNOWLEDGES THAT THE USER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT, AND ANY LINKS THERETO, AS IF THE USER HAD SIGNED THIS AGREEMENT.
The App developer maintains a zero-tolerance policy toward any actions that compromise the safety, wellbeing, or comfort of USERS. “The consumption of tobacco products, vape products, illegal drugs or excessive alcohol before or during the provision of services is strictly prohibited. Engaging in these behaviors while offering or performing services will result in immediate action, which may include suspension or termination of the USER’S account.”
B. VIFTY GENERAL SERVICES AGREEMENT
The USER acknowledges that VIFTY is a resource connecting people with particular skills, talents, abilities and passions with individuals who are in need of their services. VIFTY’S emphasis is on projects which allow people to share their time. An example of this could be tutoring, or demonstrating how to repair something through a video, which will be available universally, as well as a marketplace platform to link a customer with a local Service Provider to answer the Customer’s needs quickly and efficiently. Additionally, VIFTY promotes positive feedback and encourages USER to USER communication as well as community-wide interaction and discussion.
The USER acknowledges that by registering an account, creating a profile, offering a service and/or posting a project, a VIFTY USER becomes a customer and/or Service Provider. The USER acknowledges that it has read and agrees to the Service Agreements for Customer and/or Service Provider respectively. A USER also understands that if it disagrees with these terms, it must delete its profile and remove the VIFTY App. The collection and use of personal information is governed in accordance with VIFTY’s Privacy Policy
A USER must be 18 years of age or older to use or register with VIFTY and use its services.
Participation in VIFTY is void where prohibited.
VIFTY has established a Privacy Policy to explain to USERS, how the USER’S Personally Identifiable Information is collected and used. This Privacy Policy is linked to the GENERAL SERVICES AGREEMENT.
VIFTY is a platform connecting Service Providers to Customers. It does not render services or process payments, as further outlined in the specific Customer and Service Provider Agreements. The USER acknowledges that VIFTY does not directly collect any service fees or hold any monies in escrow. Money is collected when the project is ordered and is escrowed with the Third-Party Processor, which has its own Terms and Conditions. VIFTY is not responsible for Third Party fees, if any. The USER is encouraged to become familiar with the Third-Party terms.
Funds are released immediately after a project is completed. The Service Provider and the Customer will use the VIFTY App to announce the project is complete and if the Customer approves the task, the Customer will press the Approve button. If the Customer wishes to dispute the payment, VIFTY has an internal support team (IST) which will address any pay or work dispute issues. The IST may be accessed through the VIFTY App. A decision on the dispute will be made by the IST within 24 hours and will be final. This IST decision will not preclude the USER from seeking additional remedies outside of VIFTY service. If the Customer does not approve the transaction or dispute the payment within 30 minutes of the completion notice, the payment will be released to the Service Provider automatically.
VIFTY will receive a 3% transaction fee for every project, directly from the Payment Processor. There are no hidden fees. The service fee is non-negotiable and applies to all transactions conducted on the platform.
VIFTY conducts no background checks or verification of any registered USER, with the exception of ID.me, face recognition verification. A USER agrees that any off-line interaction with any participant in the VIFTY community is conducted without involvement of VIFTY. A USER waives any and all rights to bring a lawsuit against VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns and releases VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns, from all claims for negligence or international tort committed by a fellow VIFTY USER, including, but not limited to, any claim for personal injury and loss, theft and/or damage to property. A USER agrees and is cautioned to take steps to ensure its own safety when meeting other USERs off-platform and to exercise caution when sharing Personally Identifiable Information.
USERs agree to deal fairly, honestly, inclusively, respectfully, reliably, appear as agreed and to otherwise act in good faith. All USERS are expected to be polite and respectful in their use of the VIFTY App. VIFTY philosophy promotes community building, establishing reputation through accomplishment and honest review, thereby elevating USERS through hard work and networking.
USERS must comply with the Privacy Policy and not post projects or create profiles that include sensitive personal information, health information, discuss treatments or provide medical advice. The Customer is prohibited from posting any project offering to provide or solicit medical advice or services or any personal medical information.
USERS understand that USERS must book appointments, and post projects in accordance with the VIFTY Booking Procedures. USERS understand that they must cooperate with the other party on the project, promptly submit payment, record job assignments as received and completed and, at the USER’s discretion, promptly write and post a review of their experience with the project/and or the Service Provider.
WARRANTY DISCLAIMER
THE USER UNDERSTANDS AND AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT VIFTY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. VIFTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET THE USER’S REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION THE USER PROVIDES OR VIFTY COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. THE USER AGREES THAT USE OF THE APP AND THE WEBSITE IS AT THE USER’S OWN RISK.
Note: In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to Customer as they relate to implied warranties.
LIMITATION OF LIABILITY
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT VIFTY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VIFTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE USER’S INFORMATION OR CONTENT; (D) CONTENT THE USER SUBMITS, RECEIVES, ACCESSES, TRANSMITS OR OTHERWISE CONVEYS THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY USERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY VIFTY OR THE FAILURE OF VIFTY TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS THE USER HAS WITH ANY OTHER USER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Note: In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to USERS
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT VIFTY CONTRACTS WITH A THIRD PARTY TO PROCESS THE USER’S PAYMENT OF FEES FOR SERVICES THROUGH A PAYMENT PROCESSOR. THE USER UNDERSTANDS AND AGREES THAT VIFTY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE USER AS A RESULT OF ACTIONS OR INACTIONS OF THE PAYMENT PROCESSOR. THE USER HEREBY RELEASES VIFTY, ITS OFFICERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, DESIGNEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL DAMAGES THE USER MAY SUFFER AS A RESULT OF THE FAILURE OF ANY THIRD PARTY TO PROVIDE SERVICES TO THE USER UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY SAME.
TO THE EXTENT A COURT STRIKES ANY PORTION OF VIFTY’s LIMITATION OF LIABILITY AND/OR DISCLAIMER PROVISIONS HERE OR ELSEWHERE IN ITS TERMS AND CONDITIONS, AND VIFTY IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, VIFTY’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE LESSER AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE EQUIVALENT OF FUNDS THE USER PAID FOR ANY SERVICES REQUESTED THROUGH the VIFTY APP.
The USER agrees to indemnify, defend and hold harmless VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by the USER; (b) the inaccurate or untruthful Content or other information provided by the USER to VIFTY or that the USER submits, transmits or otherwise makes available through the Service; or (c) any intentional or willful violation of any rights of another or harm the USER may have caused to another.
VIFTY does not provide services to residents of the European Union. VIFTY does not collect any identifiable information from EU residents or track EU residents, VIFTY requires that all USERs be residents of the United States and all USERs must provide a U.S. based address and certify that they are residents of the United States.
In addition to Customer Content and Service Provider Content, for which VIFTY is a licensee, all other materials and other information on the VIFTY Website and the App including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software are the exclusive property of VIFTY and/or its licensors and are protected by all United States and international copyright laws, to the extent these materials were not already copyrighted by a USER. The USER acknowledges the responsibility to notify VIFTY if content the USER posts is copyrighted.
REPORTING COPYRIGHT INFRINGEMENT
If a USER is the victim of copyright infringement associated with the use of the VIFTY App, the USER is encouraged to report this crime directly to the National Intellectual Property Rights Coordination Center (“IPR Center”). The IPR Center is an interagency task force led by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (“ICE-HSI”). The IPR Center is a collaborative effort by over 19 U.S. government investigative and regulatory agency partners, including the Federal Bureau of Investigation (“FBI”), as well as representatives from Interpol, Europol, Canada and Mexico, that work together to combat intellectual property crime. If requested by the USER, VIFTY will assist the USER in making such reports to the IPR Center.
in accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), VIFTY will respond promptly to claims of copyright or trademark infringement that are reported to the Designated Agent that we have elected to receive notifications of claims infringement. VIFTY’S Designated Agent is:
VIFTY
Registered Agent
30 N Gould St Ste R,
Sheridan, WY 82801
If the USER is a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believes that the USER’S copyright or trademark has been infringed, the USER must report the notice of infringement to VIFTY by providing VIFTY’s Designated Agent with a written notification of claimed infringement that includes the following:
VIFTY will forward notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
VIFTY is the owner and/or authorized USER of any trademark and/or service mark, including, without limitation, the name “VIFTY”, appearing on the Website/APP and is copyright owner or licensee of the content and/or information on the Website/App. By placing them on the Website/APP, VIFTY does not grant USER any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
The USER agrees that VIFTY will communicate any notices to the USER under this Agreement, through posting the notices on the Website. All notices to VIFTY will be provided by sending a letter, first class certified mail, to VIFTY, 312 W 2ND ST, UNIT A2238, CASPER, WY 82601, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
VIFTY reserves the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on the VIFTY Website, www.VIFTY.com. VIFTY will make note of the date of the last update to the Agreement on the first page of this Agreement. The Customer is responsible for reviewing these terms and conditions regularly. The Customer’s continued use of the Service after such modifications will be deemed to be the Customer’s conclusive acceptance of all modifications to this Agreement. If the Customer is dissatisfied as a result of such modification(s), the Customer’s only recourse is to immediately discontinue use of the Service.
The TERMS AND CONDITIONS of this Agreement will be in effect and continue so long as the USER has an active Account. VIFTY may, for any reason in its sole discretion, immediately terminate this Agreement, suspend or deactivate the USER’S account, and the USER’S access to the Service. Suspension or deactivation of the USER’S account will include removal of the USER’S access to all offerings of the Service, deactivation of the USER’S password, suspension of all related information and files, may include the deactivation of the Content associated with the USER’S account (or any part thereof), and barring of the USER’S further use of the Service.
In the event of a data breach VIFTY will take all necessary steps to inform affected individuals and mitigate the breach promptly, in compliance with all applicable laws and regulations.
C. VIFTY CUSTOMER AGREEMENT
CUSTOMERS MUST FAMILIARIZE THEMSELVES WITH
THE LIMITED LIABILITY AND DISCLAIMER CLAUSES IN THE GENERAL SERVICES AGREEMENT
VIFTY is a Wyoming Company that allows Customers of VIFTY to obtain services and provide reviews and ratings on firsthand experiences with Service Providers with whom they have connected through the VIFTY App. VIFTY permits USERS to use the website (http://www.VIFTY.com) and the VIFTY App and the information it contains, subject to its TERMS AND CONDITIONS contained in this Customer’s Agreement, which may be modified, amended or replaced by VIFTY from time to time at VIFTY’S sole discretion. Such changes will become effective immediately upon the posting thereof. This Agreement also governs other aspects of the Customer’s relationship with VIFTY beyond the Customer’s use of the APP, as described in these terms and conditions.
In consideration of VIFTY granting the Customer access to its Website and App and the information they contain and in order to use the APP, the Customer must read and accept all of the Terms and Conditions in, and linked to, this Agreement. The Customer understands that it is the Customer’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE CUSTOMER ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF THE SERVICE PROVIDER HAD SIGNED THIS AGREEMENT.
VIFTY provides an opportunity for Service Providers to market their skills, experience, and talents on the VIFTY App. Customers make their service requests through the App. Customers may choose to provide their Service requests through video reels. VIFTY reserves the right to limit the length of the video reels and all such content must conform with VIFTY’S Rules under this Agreement. Customers provide reviews on the Service Providers with whom the Customers have first-hand experiences after their project has been completed. Providing reviews and ratings is encouraged, as this allows other Customers the opportunity to make selection of the Service Provider who best fits that Customer’s needs.
As a condition of the Customer’s use of the Service, the Customer agrees to provide VIFTY with true, accurate, current, and complete information as prompted by the VIFTY’s registration forms when registering for and using the Service. The Customer is reminded that all updates to the App must be installed when a prompt is received in order to ensure the App will work properly. The customer agrees to pay for services immediately when the service is selected. Customers agree to maintain true, accurate, current and complete information at all times, and if posting a review or rating agree it will be accurate and complete. Reviews are not mandatory, but are strongly recommended to help build the VIFTY community. Customers may not post a review or rating anonymously. The review will be submitted from the Customer’s profile and complete information about the person who submitted the review will be visible. Ratings will consist of a 1 through 5-star system with 5 being excellent and 1 being poor.
VIFTY will assign a User ID for each customer which will be visible only to support team. The Customer will create a log in name and a password when the Customer registers. The Customer’s Login name and password may only be used by the Customer. The Customer is solely responsible for maintaining and protecting the confidentiality of the Customer’s Login name and password and is fully responsible for all activities that occur under the Customer’s Login name and password. VIFTY requires that identification of the Customer will be through ID.me, and a face recognition method of verifying identity.
The Mobile App is free to download.
VIFTY offers a marketplace environment allowing Customers to hire Service Providers for a fee to work on the Customer’s Project. Payment for Services is made through a Third-Party Payment Processor. VIFTY reserves the right to change payment processors at any time. The Customer acknowledges that the payment processor has its own rules and regulations, linked to VIFTY’s APP, and agrees to become familiar with same before using the Service. By agreeing to these Terms herein, the Customer acknowledges the Payment Processor Services Agreement, as the same may be modified by the Payment Processor from time to time.
When a project is ordered, the Customer must pay the Payment Processor via the VIFTY mobile application. VIFTY uses the payment processor to collect payment from the mobile app and disburse the payment to the Service Provider and the 3% convenience fee to VIFTY. The Customer agrees that the payment processor is authorized to charge the Customer’s approved method of payment for the amount selected by Customer in the App. The Customer will be able to elect storage of payment information to facilitate future use of Service. If the Customer chooses not to store this information the Customer will be able to opt of the storage through a button through the third-party payment provider. The Payment Processor will provide the funds to the Service Provider as well as the convenience fee to VIFTY immediately upon notice that the task ordered has been completed. The Customer authorizes VIFTY to confirm that the Customer’s method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. If a low dollar credit and/or debit is utilized, it will be credited to the Customer’s account.
VIFTY only provides a platform for exchange of services, and a convenient way to pay for these services. Except as set forth in these TERMS AND CONDITIONS, all payments processed are non-refundable to the Customer by VIFTY and are non-reversible by the Customer through the mobile app. The Customer may have additional refund or charge-back rights under the Customer’s method of payment issuer agreement or applicable state and federal laws. A Customer who requests a charge back or stop payment from the credit card company will still owe VIFTY’s 3% for the service provided.
The Customer also agrees that a Payment Processor, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between the Customer and a Service Provider that is unrelated to Customer’s purchase of services from the Service Provider. The Customer agrees that the Customer will not use the mobile app to purchase any services or products that violate these TERMS AND CONDITIONS, or applicable law. The Customer may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. Failure to comply with these limitations will result in suspension or termination of the Customer’s use of the mobile app and/or the Customer’s VIFTY account.
The Customer agrees to release VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. The Customer agrees that the Customer will not involve VIFTY in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If the Customer attempts to do so, the Customer shall pay all costs and attorneys’ fees of VIFTY and its affiliates and shall provide indemnification as set forth below, However, nothing in this Agreement waives any rights, claims or defenses that the Customer may have with respect to a payment under an agreement with Customer’s method of payment issuer, or applicable state and federal laws. VIFTY does not store any payment information.
VIFTY has an internal support team (IST) which will address any pay or work dispute issues. The IST may be accessed through the VIFTY App. A decision on the dispute will be made by the IST within 24 hours and will be final. This IST decision will not preclude the USER from seeking additional remedies outside of VIFTY service.
The Customer acknowledges that VIFTY, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing the Customer’s method of payment between the Customer and the issuer of the Customer’s method of payment. The Customer is responsible for any charges and related fees that may be imposed under the terms and conditions of the Customer’s method of payment.
By agreeing to the TERMS AND CONDITIONS of this Agreement, VIFTY grants the Customer a limited license to use the App to access the reviews and ratings offered by the Service for the Customer’s personal purchase of Services decisions. The Customer acknowledges and agrees that the Customer will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of VIFTY.
The Customer understands that VIFTY does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials the Customer gives VIFTY. By providing Customer Content for the APP, the Customer automatically grants, represents, and warrants that the Customer has the right to grant, to VIFTY an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Customer Content and to prepare derivative works of, or incorporate into other works, such Customer Content. In addition, by providing VIFTY with Customer Content, the Customer automatically grants all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Customer Content from the VIFTY Website or the VIFTY App by any other party.
The Customer agrees that VIFTY is not responsible for the accessibility or unavailability of any Service Provider or for Customer’s interactions and dealings with them, waives the right to bring or assert any claim against VIFTY relating to any interactions or dealings with any Service Provider, and releases VIFTY from any and all liability for or relating to any interactions or dealings with Service Providers.
The Customer understands that VIFTY does not guarantee, warrant or represent that any Service Provider has the skills, talents or abilities listed in their profile. The Customer understands that VIFTY does not verify USER provided information for accuracy. The Customer also acknowledges that some tasks and professions require State and Federal licenses, permits, and insurance. The Customer must verify and confirm if any such Service Provider has the required licenses and permits, waives any claim and releases VIFTY from any liability relating from the Service Provider NOT having the appropriate license, permit, bond or insurance. VIFTY does not provide verification beyond face recognition IDME in VIFTY’s App to confirm USER identification.
The Customer agrees that VIFTY may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which the Customer may access the Service in a given period of time. The Customer agrees that VIFTY has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. The Customer agrees that VIFTY has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The reviews and ratings that the Customer provides do not reflect the views of VIFTY, its officers, managers, owners, employees, agents, or designees. The Customer agrees that any and all reviews will be thoughtful, informative, polite, respectful and thorough; for example, “He/She is great” does not explain the why the service provided was exceptional. In order for the Customer to submit the Customer’s own reviews and ratings on the APP, Customer acknowledges and agrees that the Customer will not submit any reviews that contain:
The Customer acknowledges and agrees that VIFTY in its sole discretion may remove without notice any Customer Content or any portion thereof that VIFTY believes violates VIFTY’s standards.
The Customer agrees that the Customer will not access, download or copy any information contained on VIFTY’S Website/APP through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means. The Customer agrees that the Customer will not post non-local or otherwise irrelevant Customer Content, repeatedly post the same or similar Customer Content or otherwise impose an unreasonable or disproportionately large load on VIFTY’S infrastructure; and the Customer agrees that the Customer will not take any action that would undermine VIFTY’S review and rating process.
The Customer agrees that all of the Customer’s reviews and ratings will be based upon the Customer’s actual first-hand experiences with the Service Providers the Customer is reviewing. All of the Customer’s reviews and ratings of the Service Providers that the Customer is rating will be accurate, truthful and complete in all respects.
The Customer will not submit reviews and/or ratings for:
Any Service Provider which is an entity for which the Customer works, in which he/she owns any interest in, or serves on the board of directors, or
Any Service Provider who is related to the Customer in any way by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual.
The Customer agrees the Customer will not attempt to gain unauthorized access to the Service, other USER accounts, or other computer systems or networks connected to the Service;
The Customer agrees the Customer will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
The Customer agrees the Customer will not use the Service in any way that could interfere with the rights of VIFTY or the rights of other USERs of the Service;
The Customer agrees the Customer will not reproduce, duplicate, copy, sell, re-sell or exploit any Customer or Service Provider Content;
The Customer agrees the Customer will not access any Customer or Service Provider Content for any commercial, educational or other purposes not related to the Customer’s personal purchasing decisions, without the express written consent of VIFTY, which consent may be withheld by VIFTY in VIFTY’S discretion;
The Customer agrees the Customer will not to create an account or use VIFTY services if Customer’s account previously has been terminated by VIFTY or if the Customer previously has been banned from using the services; and
The Customer agrees the Customer will not register for more than one account or register for an account on behalf of an individual other than Customer or impersonate any person or entity, including, but not limited to VIFTY personnel, or falsely state or otherwise misrepresent Customer’s affiliation with a person or entity. The Customer agrees the Customer will not advocate, encourage or assist any third party in engaging in any of the foregoing activities in this subsection.
VIFTY retains the right, in its sole discretion, to determine whether or not the Customer’s use of the Service is consistent with the terms and conditions of this Agreement. VIFTY may suspend, restrict or terminate the Customer’s use of the Service and refuse any future use of any or all portions of the Service if the Customer’s use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, VIFTY may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement. Any such lawsuit will be governed by the laws of the state of Florida notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, or where the Customer or Service Provider may be located.
The Customer acknowledges that the Customer’s name and review information will be made available to the Service Providers which the Customer reviews.
VIFTY does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. The Customer and the Service Provider acknowledge that VIFTY simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Customer Content and for the publication and distribution of any content posted by Service Providers in response to Customer Content. The Customer’s dealings with, any Service Provider are between the Customer and a Service Provider exclusively. The Customer and the Service Provider understand that all Customer Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. VIFTY does not endorse any Service Provider. The Customer MUST make whatever investigation or inquiry that the Customer deems necessary or appropriate before hiring or engaging Service Providers. The Customer further acknowledges that VIFTY has no obligation to screen, preview, monitor or approve any Service Provider Content or Customer Content posted or submitted by any other VIFTY member or any Service Provider. However, VIFTY reserves the right to review and delete any Customer or Service Provider Content that, in its sole judgment, violates the Terms and Conditions of this Agreement. By using the VIFTY Service, the Customer and the Service Provider agree that it is solely their respective RESPONSIBILITIES to evaluate the risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Customer or Service Provider Content that the Customer or the Service Provider submits, receives, accesses, transmits or otherwise conveys through VIFTY. Under no circumstances will VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns be liable in any way for any Customer Content or Service Provider Content, including, but not limited to, any Customer Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Customer Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. The Customer and the Service Provider waive the right to bring or assert any claim against VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns relating to Customer Content or Service Provider Content, and release VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns from any and all liability for, or relating to, any Customer Content or Service Provider Content.
VIFTY does not provide any conflict resolution between Customers and Service Providers with regard to payment or work except through its internal support team (IST) which will address any pay or work dispute issues. The IST may be accessed through the VIFTY App. A decision on the dispute will be made within 24 hours and will be final. This IST decision will not preclude the USER from seeking additional remedies outside of VIFTY service.
VIFTY reserves the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on the VIFTY Website, www.VIFTY.com. VIFTY will make note of the date of the last update to the Agreement on the first page of this Agreement. The Customer is responsible for reviewing these terms and conditions regularly. The Customer’s continued use of the Service after such modifications will be deemed to be the Customer’s conclusive acceptance of all modifications to this Agreement. If the Customer is dissatisfied as a result of such modification(s), the Customer’s only recourse is to immediately discontinue use of the Service.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. VIFTY is not responsible for any delays, failures or other damage resulting from such problems.
Under California Civil Code Section 1789.3, California web USERs are entitled to the following specific consumer rights notice: The Services are provided by VIFTY, 312 W 2ND ST, UNIT A2238, CASPER, WY 82601. If the Customer has any questions, concerns, or complaints regarding the Services, please contact VIFTY, Inc. by (i) signing into the Customer’s account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class, certified mail, to VIFTY, 312 W 2ND ST, UNIT A2238, CASPER, WY 82601 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at
TDD (800) 326-2297 or TDD (916) 322-1700.
The Customer agrees to indemnify, defend and hold harmless VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by the Customer; (b) the inaccurate or untruthful Content or other information provided by the Customer to VIFTY or that the Customer submits, transmits or otherwise makes available through the Service; or (c) any intentional or willful violation of any rights of another or harm the Customer may have caused to another. VIFTY will have sole control of the defense of any such damage or claim.
(a) The Customer understands and agrees that, because damages are often difficult to calculate, if it becomes necessary for VIFTY to pursue legal action to enforce the terms and conditions of this Agreement, the Customer will be liable to pay VIFTY the following amounts as liquidated damages, which the Customer accepts as reasonable estimates of VIFTY’S damages for the specified breaches of this Agreement:
(b) If the Customer posts Content in violation of this Agreement, the Customer agrees to promptly pay VIFTY Five Hundred Dollars ($500.00) for each item of Content intentionally posted in violation of this Agreement. We may (but shall not be required to) to issue the Customer a warning before assessing damages
(c) If the Customer displays, copies, duplicates, reproduces, sells, re-sells or exploits for any purpose any Content in violation of this Agreement, the Customer agrees to pay Five Hundred Dollars ($500.00) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement. If the Customer uses computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden VIFTY Website, the Customer agree to pay One Thousand Dollars ($1000.00) for each review or record that is aggregated, disrupted, damaged or otherwise affected by the Customer.
Except as set forth in the foregoing subsections (a) through (c), inclusive, the Customer agrees to pay the actual damages suffered by VIFTY, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, VIFTY reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
This Agreement governs the Customer’s use of the Service and along with the other parts of the Terms and Conditions of service constitutes the entire agreement between the Customer and VIFTY. This Agreement supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Customer and VIFTY regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between the Customer and third parties, including but not limited to, Service Providers and others. The Customer represents and warrants that those third-party agreements do not interfere with the Customer’s obligations and duties to VIFTY under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (either of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.
This Agreement may not be re-sold or assigned by the Customer. If the Customer assigns, or tries to assign this Agreement, such assignment, or attempted assignment, will be void and unenforceable. It will not be considered a waiver of VIFTY’s rights if VIFTY fails to enforce any of the terms or conditions of this Agreement against the Customer. The Customer and VIFTY agree that if any provision of this Agreement is found to be unenforceable or is invalidated by a court of law, that provision will be severed leaving the remainder of the Agreement in effect. No joint venture, partnership, employment or agency relationship exists between the Customer and VIFTY as a result of this Agreement or use of the Service.
D. VIFTY SERVICE PROVIDER AGREEMENT
SERVICE PROVIDERS MUST FAMILIARIZE THEMSELVES WITH
THE LIMITED LIABILITY AND DISCLAIMER CLAUSES IN THE GENERAL SERVICES AGREEMENT
VIFTY is a Wyoming Company that allows Customers of VIFTY to provide reviews and ratings on individuals with whom they have connected through the VIFTY App and with whom they have had first-hand experiences. VIFTY permits Service Providers to use the website (http://www.VIFTY.com) and the VIFTY App and the information it contains, subject to its TERMS AND CONDITIONS contained in this Service Provider’s USER Agreement, which may be modified, amended or replaced by VIFTY from time to time at VIFTY’S sole discretion Such changes will become effective immediately upon the posting thereof. This Agreement also governs other aspects of the Service Provider’s relationship with VIFTY beyond the Service Provider’s use of the Website/APP, as described in these terms.
In consideration of VIFTY granting the Service Provider access to its website and the information it contains and in order to use the Website/APP, the Service Provider must read and accept all of the Terms and Conditions in, and linked to, this Agreement. The Service Provider understands that it is the Service Provider’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications.
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE SERVICE PROVIDER ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF THE SERVICE PROVIDER HAD SIGNED THIS AGREEMENT.
Upon the Service Provider agreeing to these Terms and Conditions of the Agreement VIFTY will permit the Service Provider to use the services offered, including registration and creation of a USER profile, the ability to review Customer Content pertaining to the Service Provider, the ability to submit responses to Customer Content, and the ability to communicate with Customers directly. VIFTY requires that identification of the Service Provider will be through IDme, a face recognition method of verifying identity. The Service Provider will have the ability to update and maintain profile information on the VIFTY App. in order to make their services eligible for selection by Customers and in order to access such other services that VIFTY may offer to Service Providers from time to time.
The Service Provider is expected to deliver services that meet reasonable quality standards and align with their advertised skills and capabilities.
As a condition of the Service Provider’s use of the Service, the Service Provider agrees to provide VIFTY with true, accurate, current and complete information as prompted by VIFTY’S registration forms when registering for and using the Service. The Service Provider agrees to perform the services requested by the Customer. The Service Provider agrees to maintain true, accurate, current and complete information in the Service Provider’s profile at all times. The Service Provider must maintain insurance for any type of service offered, if required by the rules and regulations of the jurisdiction in which the service is performed. If applicable to the service offered, the Service Provider will be responsible for including any sales tax required by the jurisdiction in which the service is performed in the Service Provider Invoice submitted for payment.
VIFTY will assign a User ID for each customer which will be visible only to support team. The Customer will create a log in name and a password when the Customer registers. The Customer’s Login name and password may only be used by the Customer. The Customer is solely responsible for maintaining and protecting the confidentiality of the Customer’s Login name and password and is fully responsible for all activities that occur under the Customer’s Login name and password. VIFTY requires that identification of the Customer will be through ID.me, and a face recognition method of verifying identity.
By agreeing to the TERMS AND CONDITIONS of this Agreement, VIFTY will grant the Service Provider a limited license to access and use the VIFTY App. Notwithstanding the foregoing, the Service Provider acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website/APP (or any of its content, any Customer Content or any profiles of VIFTY members or Services for any commercial or other purpose, without the express written consent of VIFTY.
VIFTY offers a marketplace environment allowing Customers to hire Service Providers for a fee to work on the Customer’s Project. Payment for Services is made through a Third-Party Payment Processor. VIFTY reserves the right to change payment processors at any time The Service Provider acknowledges that the payment processor has its own rules and regulations, linked to VIFTY’s APP, and agrees to become familiar with same before using the Service. By agreeing to these Terms herein, the Service Provider acknowledges the Payment Processor Services Agreement, as the same may be modified by the Payment Processor from time to time.
When a project is ordered, the Customer must pay the Payment Processor via the VIFTY mobile application. VIFTY uses the payment processor to collect payment from the mobile app and disburse the payment to the Service Provider and the 3% convenience fee to VIFTY. The Payment Processor will provide the funds to the Service Provider as well as the convenience fee to VIFTY immediately upon notice that the task ordered has been completed, unless the payment is disputed by the Customer. VIFTY has an internal support team (IST) which will address any pay or work dispute issues. The IST may be accessed through the VIFTY App. A decision on the dispute will be made by the IST within 24 hours and will be final. This IST decision will not preclude the USER from seeking additional remedies outside of VIFTY service.
VIFTY provides a platform for exchange of services, and a convenient way to pay for the services only. Except as set forth in these TERMS AND CONDITIONS, all payments processed are non-refundable to the Customer by VIFTY and are non-reversible by the Customer through the mobile app. The Customer may have additional refund or charge-back rights under the Customer’s method of payment issuer agreement or applicable state and federal laws
VIFTY has an internal support team (IST) which will address any pay or work dispute issues. The IST may be accessed through the VIFTY App. A decision on the dispute will be made by the IST within 24 hours and will be final. This IST decision will not preclude the USER from seeking additional remedies outside of VIFTY service.
The Service Provider agrees to release VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. The Service Provider agrees that the Service Provider will not involve VIFTY in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If the Service Provider attempts to do so, the Service Provider shall pay all costs and attorneys’ fees of VIFTY and its affiliates and shall provide indemnification as set forth below. However, nothing in this Agreement waives any rights, claims or defenses that the Customer may have with respect to a payment under an agreement with the Customer ‘s method of payment or applicable state and federal laws.
The mobile app may not be used to process a payment, or otherwise transfer money between the Customer and a Service Provider that is unrelated to Customer’s purchase of services from the Service Provider. The Service Provider agrees that the Service Provider will not use the mobile app to market or sell any services or products that violate these TERMS AND CONDITIONS, or applicable law. The Service Provider may not use the mobile app to market or sell any illegal goods or services or for any other underlying illegal transaction. Failure to comply with these limitations will result in suspension or termination of the Service Provider’s use of the mobile app and/or the Service Provider’s VIFTY account.
The Service Provider understands that Customers may submit a review or report and other information on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Service Provider disputes any Customer Content, the Service Provider’s sole course of action with respect to such Customer Content as it relates to VIFTY is to utilize VIFTY’S internal support team (IST) which will address any pay or work dispute issues. The IST may be accessed through the VIFTY App. A decision on the dispute will be made by the IST within 24 hours and will be final. This IST decision will not preclude the USER from seeking additional remedies outside of VIFTY service.
The Service Provider further acknowledges that VIFTY has no obligation to screen, preview, monitor or approve any Customer Content or Service Provider Content or Customer Content posted or submitted by any other VIFTY member or any Service Provider. However, VIFTY reserves the right to review and delete any Service Provider or Customer Content that, in its sole judgment, violates the Terms and Conditions of this Agreement. By using the Service, the Customer and the Service Provider agree that it is solely their respective RESPONSIBILITIES to evaluate the risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Customer or Service Provider Content that the Customer or the Service Provider submits, receives, accesses, transmits or otherwise conveys through the Service. Under no circumstances will VIFTY be liable in any way for any Customer Content or Service Provider Content, including, but not limited to, any Customer Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Customer Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. The Customer and the Service Provider waive the right to bring or assert any claim against VIFTY relating to Customer Content or Service Provider Content, and release VIFTY from any and all liability for or relating to any Customer Content or Service Provider Content.
VIFTY does not guarantee the accuracy, integrity, quality or appropriateness of any Customer Content transmitted to or through the Service. The Customer and the Service Provider acknowledge that VIFTY simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Customer Content and for the publication and distribution of any content posted by Service Providers in response to Customer Content. The Customer and the Service Provider understand that all Customer Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. The Customer understands that VIFTY does not control and is not responsible for Customer Content or Service Provider Content made available through the Service and, that by using the Service, the Customer may be exposed to Service Provider Content that is inaccurate, misleading, or offensive. Customer agrees that the Customer must evaluate and use the Customer’s own judgment and bear all risks associated with the use of any Service Provider Content.
The Service Provider understands VIFTY does not endorse and is not responsible or liable for any content generated either by Customers or Service Providers, any and all data and services available or unavailable from, or through, VIFTY. The statements, information and ratings contained in any Customer Content are solely the opinion of the Customer submitting such Customer Content and do not reflect the opinion of VIFTY or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Service Provider acknowledges and understands that VIFTY simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Customer Content. VIFTY does not have any duty or obligation to investigate the accuracy of Customer Content or the quality of the work performed by any Service Provider which is the subject of any Customer Content. By using the Services, the Service Provider agrees that it is solely the Service Provider’s responsibility to evaluate the Service Provider’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that a customer submits, transmits or otherwise conveys through the Services.
In addition, the Service Provider agrees that VIFTY may exclude Service Providers from displaying in search results on the VIFTY App for failing to meet particular VIFTY standards regarding Service Provider conduct.
The Service Provider understands that under no circumstances will VIFTY be liable in any way for any USER content Customer Content or Provider Content including, but not limited to, any Customer Content or Provider Submitted Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Customer Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise. The Service Provider hereby releases any and all claims against VIFTY relating to any Customer content. The Service Provider hereby waives any claims, rights or actions that it may have against VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns with respect to any content and releases VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns from any and all liability for or relating to any content found in the VIFTY App regardless of the source.
The Service Provider agrees to indemnify and hold VIFTY its officers, managers, owners, employees, agents, designees, successors and assigns harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against VIFTY with respect to any statements made by a Customer or Customer Content submitted by a Customer which is communicated, posted or published by VIFTY on its Website or to a third party. The Service Provider releases VIFTY from any liability and waives any claim arising from Customer’s payment or failure to pay.
The Service Provider acknowledges and agrees that the Service Provider may neither require VIFTY to place the Service Provider on its Website or App. nor to remove any Customer Content from VIFTY. The Service Provider further acknowledges and agrees that The Service Provider is not a Customer of VIFTY, cannot refer to itself as a Customer of VIFTY, and is not afforded the same access to the Website or APP as a Customer nor the benefits afforded to a customer.
In addition, individuals affiliated with the Service Provider including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors may not submit Customer Content to VIFTY about the Service Provider. The Service Provider hereby acknowledges and agrees that to the extent an any such person has submitted or posted any Customer Content on the Service Provider or any company or person competitive to the Service Provider or believes that Customer Content was posted by an Affiliated Person that VIFTY may immediately remove such Customer Content without notice and the Service Provider may not take actions retaliatory against VIFTY.
The Service Provider may post content that displays skills, abilities, knowledge, and/or talent and offer services concerning same. The Service provider may post “reels” or videos pertaining to the services offered. VIFTY, however, reserves the right to limit the length of the reels. Additionally, the submitted content may not contain any unauthorized content which includes, but is not limited to:
It is the Service Provider’s sole responsibility to review and monitor any Customer Content regarding the Service Provider that is posted by Customers and to submit responses it deems necessary to any Customer Content. VIFTY does not have any obligation to provide a notice or update to the Service Provider with respect to any new information or Customer Content that it learns of or receives about the Service Provider from its Customers.
The Service Provider has the sole responsibility of updating any and all of its information on the APP including, without limitation, the Service Provider’s description and profile information.
The Service Provider agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy VIFTY, any Customer Content, any Customer profiles, USER generated content) or any other content contained on the APP/Website or any other publication of VIFTY. The Service Provider shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the APP/Website.
The Service Provider hereby represents and warrants to VIFTY that (a) all information provided to VIFTY by the Service Provider is true, complete and accurate in all respects, and (b) the Service Provider is authorized to submit information to VIFTY. VIFTY is assured by the Service Provider that VIFTY may rely upon the truthfulness, completeness and accuracy of Service Provider Submitted Content in order to serve its Customers.
To the extent a third party posts or submits any USER Submitted Content or manages the Service Provider’s profile or information on the APP, the Service Provider hereby acknowledges and agrees that the Service Provider shall remain fully responsible for any USER Submitted Content or information posted or submitted by such third party.
The Service Provider agrees, unless expressly authorized by VIFTY, not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Customer Content, any Customer profiles, any Service Provider profiles, or any other content from the Website or VIFTY, including, without limitation, any reviews or ratings or any other content contained in any Customer Content.
VIFTY may suspend, restrict or terminate the Service Provider’s use of the Services or any portion thereof if Provider breaches or fails to comply with any of the Terms and Conditions of this Agreement. IF THE SERVICE Provider DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE SERVICE PROVIDER MUST NOT USE THE SERVICES. BY USING THE SERVICES, THE SERVICE PROVIDER ACKNOWLEDGES THAT THE SERVICE PROVIDER HAS HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE SERVICE PROVIDER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
Although VIFTY does not claim ownership of any USER Submitted Content or other communications or materials submitted by or given by the Service Provider to VIFTY, by providing USER Submitted Content for the Website/APP or other mediums, the Service Provider automatically grants, and the Service Provider represents and warrants that the Service Provider has the right to grant, to VIFTY an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Service Provider Content and to prepare derivative works of, or incorporate into other works, such USER Submitted Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing VIFTY with Service Provider Submitted Content, the Service Provider automatically grants VIFTY all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of USER Submitted Content on the Website/APP or in any other medium by any other party. No compensation will be paid with respect to VIFTY use of Service Provider Submitted Content. VIFTY is under no obligation to post or use any of Service Provider Submitted Content or maintain USER Submitted Content. VIFTY may remove Service Provider Submitted Content at any time in VIFTY sole discretion.
VIFTY reserves the right to exercise any rights or remedies which may be available to it against the Service Provider if the Terms and Conditions of this Agreement are violated by the Service Provider. These remedies include, but are not limited to, revocation of the Service Providers star ratings, advertising privileges, use of the Services, or appearances on the Website/APP and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Service Provider understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for VIFTY to pursue legal action to enforce the Terms and Conditions of this Agreement, the Service Provider will be liable to pay VIFTY the following amounts as liquidated damages, which the Service Provider accepts as reasonable estimates of VIFTY’s damages for the specified breaches of this Agreement:
If the Service Provider posts USER Submitted Content in violation of this Agreement, the Service Provider agrees to promptly pay VIFTY One Thousand Dollars ($1,000) for each item of USER Submitted Content posted in violation of this Agreement. VIFTY may (but is not required to) issue the Service Provider a warning before assessing damages.
If the Service Provider exploits for any purpose (commercial or otherwise) any Customer Content, profiles of VIFTY members or any other information contained on the Website/app including, without limitation, ratings and/or reviews in violation of this Agreement, the Service Provider agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
If the Service Provider uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Customer Content, any profiles of VIFTY members, USER Submitted Content (including Service Provider profiles) or any other content contained on the Website/APP or in any other publication of VIFTY, the Service Provider agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
Except as set forth in the foregoing paragraphs inclusive, the Service Provider agrees to pay the actual damages suffered by VIFTY to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, VIFTY reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
THE SERVICE PROVIDER EXPRESSLY UNDERSTANDS AND AGREES THAT VIFTY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VIFTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE PROVIDER’S INFORMATION OR USER SUBMITTED CONTENT; (D)ANY CONTENT THE SERVICE PROVIDER MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CUSTOMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY VIFTY OR THE FAILURE OF VIFTY TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CUSTOMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE SERVICE PROVIDER HAS WITH ANY USER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT A COURT STRIKES ANY PORTION OF VIFTY’s LIMITATION OF LIABILITY AND/OR DISCLAIMER PROVISIONS HERE OR ELSEWHERE IN ITS TERMS AND CONDITIONS, AND VIFTY IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, VIFTY’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE LESSER AMOUNT OF ONE HUNDRED DOLLARS ($100.00) OR THE EQUIVALENT OF FUNDS THE USER PAID FOR ANY SERVICES REQUESTED THROUGH the VIFTY APP.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Service Provider.
The Service Provider agrees to indemnify and hold VIFTY, its officers, managers, owners, employees, agents, designees, successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Service Provider’s use of VIFTY.
Under California Civil Code Section 1789.3, California web USERs are entitled to the following specific consumer rights notice: The Services are provided by VIFTY, 312 W 2ND ST, UNIT A2238, CASPER, WY 82601. If the Customer has any questions, concerns, or complaints regarding the Services, please contact VIFTY, Inc. by (i) signing into the Customer’s account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class, certified mail, to VIFTY, 312 W 2ND ST, UNIT A2238, CASPER, WY 82601 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
The Service Provider understands that Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. VIFTY is not responsible for any delays, failures or other damage resulting from such problems.
This Agreement may not be re-sold or assigned by the Service Provider. If the Service Provider assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of VIFTY’S rights if VIFTY fails to enforce any of the terms or conditions of this Agreement against the Service Provider. In the event a court invalidates any provision in this Agreement the Service Provider and VIFTY agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Service Provider and VIFTY as a result of this Agreement or use of the Services.
This Agreement governs the Service Provider’s use of the Service and along with the other parts of the TERMS AND CONDITIONS of service constitutes the entire agreement between the Service Provider and VIFTY. This Agreement supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Service Provider and VIFTY regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between the Service Provider and third parties, including but not limited to, the Customer and others. The Service Provider represents and warrants that those third-party agreements do not interfere with the Service Provider’s obligations and duties to VIFTY under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (either of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.
The Service Provider agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to the Service Provider’s use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
VIFTY may modify or restate the Terms and Conditions of this Agreement and such modifications) will be effective immediately upon being posted on the Website. VIFTY will make note of the date of the last update to the Agreement on the first page of this Agreement. The Service Provider is responsible for reviewing these terms and conditions regularly. The Service Provider’s continued use of the Services after such modifications will be deemed to be the Service Provider’s conclusive acceptance of all modifications to this Agreement.
As defined in other sections of these Terms of Service, Customers and Service Providers expressly agree to follow the following hiring, performance and cancelation procedures:
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