It is important to note that these Terms of Service below contain important and detailed information regarding your legal rights and our legal rights with respect to your use of the Site. Please read the Terms of Service carefully before you use the Site and Services.
You are responsible for the content you post. With this responsibility, you assume all risks related to it.
By submitting your content to Vocal, you represent that doing so does not: a) conflict with any other agreement(s) you have made, b) violate any applicable law or c) infringe on any intellectual property rights of a third party. You will indemnify Jerrick for any and all loss or damage suffered by Jerrick as a result of your breach of the representations (a), (b), and (c) of this paragraph.
We reserve the right to remove any content you post for any reason, in our sole discretion.
By using the Site, you agree to these Terms and Conditions, as the same may be amended from time to time. Jerrick reserves the right to amend these Terms and Conditions from time to time in its sole discretion, and will post updates to the Vocal site. The Terms and Conditions as amended become effective immediately upon posting. If you do not agree to these terms, you cannot use Vocal. It’s as simple as that. By using Vocal on or after that effective date, you agree to the new Terms.
What do these Terms of Service include?
Terms of Service set out the rules and restrictions you have to comply with in order to use this website (things like: don’t threaten, harass, or steal the work from anyone on Vocal or elsewhere).
You retain ownership and the copyright of the User Content (as defined herein) you create on this website, but you provide Vocal and other Jerrick with a non-exclusive license to use and distribute User Generated Content in its discretion. While we can’t control where you house your content, we recommend that you do not engage in posting the same content on multiple sites. The exact terms are detailed below.
By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference herein and each of which may be updated from time to time without notice to you. If you do not agree to these Terms of Service in their entirety, you may not use the Site or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND VOCAL OR JERRICK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In order to access the Services, you must create a Vocal specific account and login with your email address and password, or register an existing social media account such as Facebook, Twitter, Google+, other social media service log-ins. It is a violation of these Terms of Service for you to:
You are solely responsible for the activity that occurs on your account and for any unauthorized use of your login credentials. You may register one unique user name on the Site. The use of an offensive user name is not allowed. You may not impersonate others in a misleading or confusing way, or falsely claim to represent the views of any other person or organization. We reserve the right to reclaim usernames, especially on behalf of individuals, institutions and products from the entertainment market. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your account. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
By agreeing to these Terms of Service, you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site or Services. Further, if we learn that someone under 13 is using the Vocal or the Services of any user who is otherwise eligible to use the Site or Services, we will terminate the account of that user. If you are a parent or guardian and become aware that your child under the age of 13 has registered with the Site or has otherwise provided us with personal information, please contact us at[email protected].
You are solely responsible for ensuring that your use of the Site and Services is in compliance with all laws, rules and regulations applicable to you, and the right to access the Site and Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Site or otherwise through the Services.
By accessing the Site, you agree to abide by all security and safety measures established by the Company or its partners or service providers. The Company reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, remove, block, edit, modify or discontinue any aspect of the Content, Site, or Services at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all. The Company may also impose limits on certain features of the Services or restrict access to any part or all of the Services without notice or penalty. We do not guarantee that any Content or User Content will be made available on the Site or through the Services.
In consideration for the Company granting you access to and use of the Service, you agree that the Company may enable advertising on the Services, including its products and content.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
In addition to any other restrictions in these Terms of Service, the following activity and conduct is strictly prohibited:
You are responsible for the User Content that you transmit to the Services, and the consequences of its use or submission. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations and these Terms of Service. You acknowledge that your access of all Content, including User Content posted by other users, and use of the Services is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Company shall have the right, but not the obligation, to monitor and edit User Content and use of the Services to improve performance, for legal and regulatory requirements, and to determine compliance with these Terms of Service and other applicable policies. However, you acknowledge that the Company will not always pre-screen User Content and shall not be responsible for policing, monitoring, or editing User Content or for any inaccuracy of User Content. The Company shall have the right, in its sole discretion, to refuse to post or to remove any User Content that it believes to be in violation of these Terms of Service or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.
Third party copyrights
The Company respects the intellectual property rights of others. If you believe that any User Content or other Content available through the Services infringes your copyright or the copyright of any other party, please provide us with the following information:
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
202 South Dean Street
Englewood, NJ 07631 USA
Email: [email protected]
You retain ownership of the intellectual property rights in your User Content, subject to the license you grant to the Company below and elsewhere in these Terms of Service.
By transmitting User Content on or through the Services, you grant the Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid, assignable, transferable, sublicensable license to use, reproduce, store, modify, edit (e.g., fixing typos, making editorial changes), truncate, aggregate, display, perform, distribute, prepare derivative works based on, and transmit such User Content, in any medium that now exists or may arise in the future, and otherwise exploit your User Content (including, but not limited to, use of your name in association with your User Content to identify you as the “Creator”) in connection with the Services and the Company’s (and our successors’ and assigns’) businesses, including after your termination of your account or the Services, and you waive any and all moral rights and publicity rights in such User Content. You represent that you have all of the necessary rights to grant this license to the Company for all of your User Content, and that such license is granted without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You agree that this license includes the right for other users of the Services to access and use your User Content, subject to our terms and conditions regarding such use and the right for the Company to allow its third party business partners (including social media services) to use your User Content and that this license has no restriction as to the medium, dissemination method, type of services the Company or its business partners may offer, or the type of systems or products that may be used in conjunction with your User Content.
By submitting your content to Vocal, you represent that doing so does not: a) conflict with any other agreement(s) you have made, b) violate any applicable law or c) infringe on any intellectual property rights of a third party. By submitting User Content to Vocal, you assume all risks related to it, including claims related to intellectual property or other legal rights. You will indemnify Jerrick for any and all loss or damage suffered by Jerrick as a result of your breach of the representations (a), (b), and (c) of this paragraph.
All trademarks, service marks and logos on the Site or the Services are the property of their respective owners. Unauthorized use of any of the Company’s (or of any third-party’s) trademark, service mark, or logo violates the Company’s or a third party’s legal rights, as applicable, and is prohibited. You must obtain the Company’s written permission prior to using any trademark or service mark or logo of the Company.
The Company and its licensors own all intellectual property rights in the Site and the Services, except for certain third party content on the Site, your User Content and as otherwise expressly indicated. The Services and all Content therein are protected by United States and international trademark and copyright laws. Any unauthorized use of the Materials (defined below) may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any violation by you of the intellectual property rights of the Company or any third party will result in termination of your account.
We welcome and encourage any suggestions, ideas, comments or other feedback you provide the Company regarding the Services (“Feedback”). You acknowledge that any Feedback shall become the Company’s sole and exclusive property without any compensation to you. The Company may, in its sole discretion, decide whether to use the Feedback in any of its products and services. You hereby assign to the Company all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks. Please contact [email protected] with Feedback.
Information and Content that the Company publishes through the Services may contain references or cross-references to products, programs, movies, television programs or services that are not available in your location. Any opinions, advice, statements, comments, services, offers or other information or Content expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of the Company. Any description or reference to non-Company products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by the Company.
The Company has relationships pursuant to which the Company is paid for purchases made through links to third party (“affiliates”) commerce-related sites. From time to time, the Company embeds in its own content, as well as User Content, links to such affiliate websites. The Company also partners with SkimLinks Inc., a third party service, to scan content and automatically embed links to the commerce-related websites into User Content and the Company’s own content, published throughout the Site (together with the Company’s own linking, “Affiliate Linking”). These links will direct readers to third party sites where they can view and buy the products discussed on the Site. While our editorial content is not influenced by advertisers or affiliate partnerships, the Company is compensated for Affiliate Linking and purchases made through the links.
We do not modify User Content to accommodate Affiliate Linking, other than by embedding links into content as discussed in this section. Revenue generated from Affiliate Linking is the sole and exclusive property of the Company and is not shared with users, irrespective of whether such revenue is derived from or relates to User Content.
THE SITE, THE SERVICES AND ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You agree to defend, indemnify and hold the Company and its affiliates and each of our and their respective officers, agents, contractors, directors, suppliers, representatives, partners, members and employees harmless from any and all claims, actions, demands, losses, liabilities or damages (including reasonable attorneys' fees) arising out of or related to your use or misuse of, or access to, the Services, Content or otherwise from your User Content, your violation of these Terms of Service, or your violation of any law or rights of a third party, including without limitation copyright. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the Company in asserting any available defenses.
The Company may terminate or suspend your access to all or part of the Services immediately and without notice, at any time, with or without cause, including without limitation for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of the Company or any third party. Such termination may result in the forfeiture and destruction of all information associated with your account. Notwithstanding the foregoing, the Company reserves the right to retain any information associated with your account, including PII, in its discretion. Upon termination, you must cease use of the Services and all related content. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access to the Site from a particular Internet address. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
YOUR USE OF THE SERVICES AND THE MATERIALS IS AT YOUR SOLE RISK. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), TO THE EXTENT SUCH DAMAGES EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
Unless otherwise set forth in a written agreement between you and the Company, you must adhere to the Company’s linking policy as follows:
You may be paid for user engagement with certain User Content that you submit to the Site. The Company determines amounts payable to users derived from User Content based on proprietary algorithms developed by the Company and subject to change in the Company’s sole discretion, without notice to the User. Generally, the algorithms measure and assign weight to such user engagement metrics as popularity of the content with visitors as measured by number of unique visitors; visitors’ interaction with the content; amount of time spent by visitors on the page; and shares on social media. Notwithstanding the foregoing, the Company reserves the right to modify its algorithm at any time, which may result in decreased revenue to users for similar content, and to suspend monetization program altogether. Further, the Company reserves the right not to make any payment which it deems arises from, or is in any way connected to, a user’s attempt to falsify user engagement data or otherwise “game” or manipulate the Company’s algorithm.
Your internal dashboard will indicate any amounts accrued in your account. The Company, via Stripe, will remit payment to you upon request in amounts of greater than $25 per transaction, provided that the total amount owed to you by the Company exceeds $25 at the time of request. Any transaction fees charged by Stripe will be your responsibility, and are subject to Stripe’s terms and conditions and may be debited from your account balance.
You should review these Terms of Service regularly as they may change. Your continued use of the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes. Your use of the Services is subject to the Terms of Service in effect at the time of such use. Modifications will be posted on the Site and the “Effective Date” on this page will be revised. In addition, for material changes to these Terms of Service, as determined in our sole discretion, we will include a notice on the Site that directs users to a copy of the latest Terms of Service for review and/or send a communication to users notifying them of changes. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW JERSEY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction in the State of New Jersey. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
This arbitration agreement will survive the termination of your relationship with us.
The laws of the State of New Jersey, USA shall govern these Terms of Service, without reference to its choice of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of the State of New Jersey, USA, subject to the arbitration provision in section 17.
Although accessible by others, the Services are intended for access and use by U.S. residents. The information available through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Company makes no representation that the information available through the Services is appropriate or available for use in other locations, and access to the Services from territories where the content of the Services offered herein may be illegal or is prohibited. Those who choose to access the Services from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws
These Terms of Service, as modified from time to time by the Company in writing and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. The Company may assign these Terms of Service or the Company’s rights under these Terms of Service in whole or in part at any time without your consent. The Company’s failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service will remain in full force and effect. These Terms of Service are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Service will be in the English language. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. If the Company doesn’t exercise a particular right under these Term, that does not waive it. These terms (including any document incorporated by reference into them) are the whole agreement between the Company and you concerning the Services.
© 2016, Jerrick Media Holdings, Inc. All rights reserved.