Terms and Conditions
Welcome to Vimage Builder, operated by Vimage Builder, Inc.
The following definitions apply to this Agreement:
- "Vimage Builder Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
- "Vimage Builder Website" or the "Site" (collectively, the "Vimage Builder Website" or the "Sites") means any website under Vimage Builder’s control, whether partial or otherwise and includes such Site's Content, Text, Graphics, Design, Programming, Vimage Builder Materials and Services (as applicable in each context).
- "Content" includes all Text, Graphics, Design and Programming used on the Sites.
- "Document" refers to any posting to a Site, whether job or resume or video.
- "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
- "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
- "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
- "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
- "Services" means any services provided by Vimage Builder or its agents described herein.
- "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
- "User" refers to any individual or entity that uses any aspect of the Sites.
- "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
Acceptance of Terms & Conditions
- By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at email@example.com .
- We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services on the website Vimage Builder.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving Vimage Builder. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of the Agreement to access the updated or upgraded Services.
Eligibility and Acceptable Use of Services
- No part of Vimage Builder is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
- The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Vimage Builder intended and acceptable use of the Sites. Vimage Builder is the sole interpreter of the Sites' intended and acceptable use.
Vimage Builder Intellectual Property Rights
The Sites, the Vimage Builder Materials and all right, title and interest in and to the Sites and Vimage Builder Materials are the sole property of Vimage Builder or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Vimage Builder reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Vimage Builder Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Vimage Builder on such Vimage Builder Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Vimage Builder Sites, without the express written consent of Vimage Builder. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Vimage Builder Materials are not considered to be works for hire and you may duplicate such Vimage Builder Materials only for the purposes outlined in the Service Activation Agreement. "Vimage Builder," the Vimage Builder design logo and certain other names or logos are service marks or trademarks of Vimage Builder, and all related product and service names, design marks and slogans are the service marks or trademarks of Vimage Builder. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Vimage Builder trademarks, service marks and copyrights. Any code that Vimage Builder creates to generate or display the Content or the pages making up the Sites is also protected by Vimage Builder copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Vimage Builder Materials on any authorized copy you make of the Content or Vimage Builder Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
License to Use by Users who are Job Seekers
Vimage Builder hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Vimage Builder reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
License to Use by Users who are Employers
Vimage Builder hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Vimage Builder also grants you a limited, terminable, non-exclusive license to use the Vimage Builder Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Vimage Builder to any third party without the express written authorization of Vimage Builder. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Vimage Builder reserves the right to suspend or terminate your access and use at any time if Vimage Builder determines that you are in breach of these Terms and Conditions.
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Vimage Builder a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
Use of Aggregate Data
You understand and agree that Vimage Builder owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Vimage Builder may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
Vimage Builder welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Vimage Builder does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Vimage Builder creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Vimage Builder. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Vimage Builder’ part, and Vimage Builder will not be liable for any use or disclosure of any User Submission. Vimage Builder shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Third Party Providers
You acknowledge and agree that Vimage Builder may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Vimage Builder and its Third Party Providers, Vimage Builder will have sole responsibility for handling all billing and contract negotiations.
Disclaimers and Limitations on Vimage Builder’ Liability.
Allocation of Responsibility
Vimage Builder assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Vimage Builder acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Vimage Builder may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Vimage Builder has no liability or responsibility to Users for performance or nonperformance of such activities. Vimage Builder may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
No endorsements by Vimage Builder
Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
- THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. VIMAGE BUILDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. VIMAGE BUILDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
- WITHOUT LIMITATION ON THE FOREGOING:
- VIMAGE BUILDER DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VIMAGE BUILDER IS NOT RESPONSIBLE FOR THOSE COSTS.
- Vimage Builder makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
- Vimage Builder makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.
- VIMAGE BUILDER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. VIMAGE BUILDER DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
- IN NO EVENT SHALL VIMAGE BUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIMAGE BUILDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN VIMAGE BUILDER MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $300.00 IN THE AGGREGATE.
- IN NO EVENT SHALL VIMAGE BUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $300.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH VIMAGE BUILDER, THE AMOUNTS ACTUALLY PAID BY YOU TO VIMAGE BUILDER UNDER THIS AGREEMENT IF GREATER THAN US $300.00).
- Due to the nature of this Agreement, in addition to money damages, you agree that Vimage Builder will be entitled to equitable relief upon a breach of this agreement by you.
Because User authentication on the Internet is difficult, Vimage Builder cannot and does not confirm that each User is who they claim to be. Because Vimage Builder does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Vimage Builder from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Payment of Services upon Termination of Service Activation Agreement
If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then Vimage Builder shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
Links to Other Sites
Vimage Builder contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Vimage Builder of the contents on such third-party web sites. Vimage Builder is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Amendments to this Agreement and Changes to Sites
Vimage Builder may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Vimage Builder unless Vimage Builder agrees to them in a signed writing specifically including those new or different terms. Vimage Builder may change the Sites at any time.
You agree to defend, indemnify, and hold harmless Vimage Builder (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Vimage Builder shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
- When you register on any of the Vimage Builder Sites or in connection with the Services, you will be asked to create an account and provide Vimage Builder with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
Questions and Notices
Questions concerning the use of the Sites should be directed to firstname.lastname@example.org . Notices to Vimage Builder should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Vimage Builder reasonably determines is an appropriate address for you.
Vimage Builder contact information is listed on the Sites. Vimage Builder makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Vimage Builder from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between you and Vimage Builder is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Vimage Builder in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Vimage Builder.
Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
- Posting Rules
- You may not post any Document to a Site that contains: (i) URLs or links to websites other than to recruitment related pages on your company web site (to advertise your company or website) (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material) (iii) trade secrets (unless you own them or have the owner's permission to post them) (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User) (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful or (vii) anything that is embarrassing or offensive to another person or entity.
- You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership"); provided, however that Vimage Builder may allow posting of certain training and business opportunities (see 14.1(e) below).
- Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.
- Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
- In limited circumstances, at Vimage Builder’ sole discretion, Vimage Builder allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Vimage Builder reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Vimage Builder deems such job posting to conflict with the best interests of its Users or detract from the User experience.
- Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
- Vimage Builder is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Vimage Builder sole discretion.
2. Conduct Rules
- You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
- You may not send unsolicited commercial email to Users.
- Protect your password. Your Vimage Builder account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Vimage Builder account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Vimage Builder account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Vimage Builder immediately of any unauthorized use of your account or password.
- Report inappropriate postings or conduct to email@example.com .
- You may not delete or revise any material posted by any other person or entity.
- You may not post or send content that requests money from, or is intended to otherwise defraud, other users of the Service.
- You may not transmit “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- You may not express or imply that any statements you make are endorsed by Vimage Builder without our specific prior written consent.
- If at any time Vimage Builder comes to the understanding that you: (i) misled Vimage Builder regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Vimage Builder reserves the right to terminate your Agreement.
3. Security Rules:
- Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Violation of these Security Rules may result in civil or criminal liability. Vimage Builder will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
Vimage Builder provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Vimage Builder respects the intellectual property of others. It is Vimage Builder’ policy to respond to claims of copyright and other intellectual property infringement. Vimage Builder will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Vimage Builder may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Vimage Builder will terminate access for Users who are repeat infringers.
Notifying Vimage Builder of Copyright Infringement
To provide Vimage Builder notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Vimage Builder with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Vimage Builder with a counter notification by written communication to the attention of "Trust and Site Security" at email@example.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have a Vimage Builder account. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. Vimage Builder may terminate or suspend your account at any time without notice if Vimage Builder believes that you have breached this Agreement, or for any other reason, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. Vimage Builder is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated, this Agreement will terminate. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.