1. Your use of Vydya
Your use of Vydya’s products, software, services and web sites (collectively referred to as the “Services” in this document) is subject to your acceptance of these terms. This document explains how the agreement is made up, and sets out the terms of that agreement.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept these Terms of Service.
2.2 You understand and agree that Vydya will treat your use of the Services as acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Vydya, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Our Services display some content that is not Vydya’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
3. Provision of the Services by Vydya
3.1 Vydya is continuously improving/changing in order to provide the best possible Services for its users. You acknowledge and agree that the form and nature of the Services which Vydya provides may change from time to time without prior notice to you.
3.2 You acknowledge and agree that Vydya may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vydya’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Vydya when you stop using the Services.
3.3 You acknowledge and agree that if Vydya disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself or your business or your services as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Vydya will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vydya, unless you have been specifically allowed to do so in a separate agreement with Vydya. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Vydya, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Vydya has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Vydya may suffer) of any such breach.
5. Your passwords and account security
5.1 No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Services cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
5.2 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.3 Accordingly, you agree that you will be solely responsible to Vydya for all activities that occur under your account.
5.4 If you become aware of any unauthorized use of your password or of your account, you agree to take all necessary steps to prevent that action and if needed notify Vydya immediately at [email protected]
6. Information we collect and use
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non- Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Services.
6.1 Personally Identifiable Information
This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as signing up for an account, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or promotion, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, telephone number, and other personal identifying information. When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
6.2 Non-Personally Identifiable Information
This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information may be compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
6.3 Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your email address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site. We may also collect information from you at other points on our site that state that such information is being collected.
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our Services. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
Log information – When you access Vydya services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communications to Vydya, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. Any comments or materials sent to Vydya, including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be non-confidential.
Affiliated sites – We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Vydya in order to deliver the service. The use of your Personally Identifiable Information by our service partners and affiliated sites is governed by the privacy policies of those service partners, and is not subject to our control.
Links – Vydya may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our services, customized content and advertising.
6.5 Other sites
This site may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (a “linked site”). Vydya has no discretion to alter, update, or control the content on a linked site. The fact that Vydya has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using or retrieving any information found on the internet, and Vydya urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
6.7 Linked internet sites
Vydya prohibits caching, unauthorized hypertext links to the Vydya Site, and the framing of any Content available through the Site. Vydya reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other internet sites linked to the Site. Access to any other internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Vydya is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
7. Content in the Services
7.1 You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or business from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Vydya (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Vydya or by the owners of that Content, in a separate agreement.
7.3 Vydya reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.4 Your use of the Services is purely voluntary and you use the Services at your own risk. All information on this website is strictly for informational purposes only, Vydya does not provide medical advice, diagnosis or treatment.
7.5 You agree that you are solely responsible for (and that Vydya has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Vydya may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that Vydya owns all legal right, title and interest in and to the Services. You further acknowledge that the Services may contain information which is designated confidential by Vydya and that you shall not publish or disclose such information to any third party without Vydya’s prior written consent.
8.2 Unless you have agreed otherwise in writing with Vydya, nothing in the Terms gives you a right to use any of Vydya’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Vydya, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Vydya’s brand feature use guidelines as updated from time to time.
8.4 Vydya acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Vydya, you agree that you are responsible for protecting and enforcing those rights and that Vydya has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6 Unless you have been expressly authorized to do so in writing by Vydya, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Vydya
Vydya gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Vydya as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vydya, in the manner permitted by these terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Vydya, in writing.
10. Content license from you
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Vydya a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Vydya to display, distribute and promote the Services.
10.2 You agree that this license includes a right for Vydya to make such Content available to other companies, organizations or individuals with whom Vydya has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that Vydya, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Vydya to take these actions.
10.4 You confirm and warrant to Vydya that you have all the rights, power and authority necessary to grant the above license.
11. Software updates
The Software which you use may automatically download and install updates from time to time from Vydya. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Vydya to deliver these to you) as part of your use of the Services.
12. Ending your relationship with Vydya
12.1 The Terms will continue to apply until terminated by either you or Vydya as set out below.
12.2 If you want to terminate your legal agreement with Vydya, you may do so by (a) notifying Vydya at any time and (b) closing your accounts for all of the Services which you use, if Vydya has made this option available to you. Another manner in which you can terminate your agreement with Vydya is by sending notice to [email protected] Either one of these methods will effectively terminate your agreement with Vydya, but does not release you from liability or obligations incurred while the agreement was in effect.
12.3 Vydya may at any time, terminate its agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Vydya is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom Vydya offered the Services to you has terminated its relationship with Vydya or ceased to offer the Services to you; or
(D) Vydya is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) The provision of the Services to you by Vydya is, in Vydya’s opinion, no longer commercially viable.
12.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Vydya have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
13. EXCLUSION OF WARRANTIES
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER VYDYA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
13.2 IN PARTICULAR, VYDYA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VYDYA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.5 VYDYA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VYDYA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OR PERFORMANCE OF ANY THIRD PARTY’S SOFTWARE, PRODUCTS, OR OTHER PROCESSES RECOMMENDED OR USED BY VYDYA IN CONNECTION WITH PERFORMANCE OF THE SERVICES.
14. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
14.1 SUBJECT TO OVERALL PROVISIONS IN THE ABOVE SECTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VYDYA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY VENDOR, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH VYDYA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE VYDYA WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON VYDYA’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT VYDYA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Copyright and trade mark policies
15.1 The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Vydya and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Vydya or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
15.2 It is Vydya’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by Vydya on the Services are subject to change without specific notice to you.
16.3 In consideration for Vydya granting you access to and use of the Services, you agree that Vydya may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. Vydya may have no control over any web sites or resources which are provided by companies or persons other than Vydya.
17.2 You acknowledge and agree that Vydya is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.2 You acknowledge and agree that Vydya is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18. Changes to the Terms
18.1 Vydya may make changes to these Terms of Service or make Additional Terms from time to time. When these changes are made, Vydya will make a new copy of these Terms available at vydya.com and any new Additional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Terms of Service or Additional Terms have changed, Vydya will treat your use as acceptance of the updated Terms or Additional Terms. If it turns out that a particular term is not enforceable, this will not affect any other terms.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and Vydya and govern your use of the Services (but excluding any services which Vydya may provide to you under a separate written agreement), and completely replace any prior agreements between you and Vydya in relation to the Services.
19.3 You agree that Vydya may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if Vydya does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Vydya has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vydya’s rights and that those rights or remedies will still be available to Vydya.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which Vydya is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with Vydya under the Terms, shall be governed by the laws of the State of Georgia, United States of America. You and Vydya agree to submit to the exclusive jurisdiction of the courts located within the county of Fulton, Georgia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Vydya shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.