“Valentis Apps” is a trademark owned by Valentis Group Pty Ltd, a company based in Adelaide, South Australia, that: (i) creates, produces and distributes entertainment / content (as used herein, "Content" shall include, without limitation, audio, visual, audio visual, text and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise); and (ii) offers users the opportunity to share their messages via short message service (SMS), email and social websites such as Twitter, Facebook, You Tube, Instagram & iCloud by submitting (e.g., "uploading") content controlled by such users (the "User Materials," as further defined below).
Usage of the Service as a Visitor, Registered User or Member is void where prohibited. By using all Valentis Apps and Valentis Group Pty Ltd Services, User represents and warrants that all registration information submitted directly or via third-party sign-on service (e.g., Facebook Connect) is truthful and accurate and User agrees to maintain the accuracy of such information. User further represents and warrants that User is 14 years of age or older and that User's use of all Valentis Apps and Valentis Group Pty Ltd Services does not violate any applicable law or regulation. Users’ account information and data may be deleted without warning if it is found that User is misrepresenting his/her age or any other account and/or membership data. User shall not authorize others to use his/her account, including profile or email address. User is solely responsible for all content (including, without limitation, User Materials) published or displayed through User's account, including any email messages, and for User's interactions with other Visitors or Registered Users on third party websites.
User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to: (a) violate any applicable law or regulation, (b) submit any materials that conflict with any of User’s representations and warranties set forth in Section 11 of this Agreement, (c) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights, (d) use any content or information available on the Valentis Apps or through the Valentis Group Pty Ltd Services for any unauthorized purpose, (e) interfere with or damage any of the Valentis Apps and Valentis Group Pty Ltd Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) use any of the Valentis Apps and Valentis Group Pty Ltd Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing, (g) use any of the Valentis Apps and Valentis Group Pty Ltd Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements, (h) "stalk" or harass any other user of the Valentis Apps and Valentis Group Pty Ltd Services, (i) collect or store any information about any other user other than in the course of the permitted use of the Valentis Apps and Valentis Group Pty Ltd Services, (j) use any of the Valentis Apps and Valentis Group Pty Ltd Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell or otherwise exploit any product or service), (k) sell or otherwise transfer any User information (e.g., user profiles) or other user's User Materials); or (l) assist any third party in doing any of the foregoing
The Valentis Apps and Valentis Group Pty Ltd Services are designed to allow Users to post content (e.g., message and information about themselves) for public review and comment, both in public forums and with private messaging. Accordingly, by submitting User Materials and/or any personal information on any of the Valentis Group Pty Ltd Services, User thereby waives any and all privacy expectations (including the privacy expectations of any other individual who appears in the User Materials or otherwise) with respect to Valentis Apps use of the User Materials. If User chooses not to have his/her content, picture, video, or any other profile information about themselves viewable by a global audience, User should not use the Valentis Apps and Valentis Group Pty Ltd Services.
All images provided in the Valentis Apps are under Creative Common Rights or purchased on extended license agreement. The user is entitled to:
display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of the User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose
to modify, adapt, change or otherwise alter and create derivative works of the LED messaging options provided
The user is solely responsible for interactions with other Valentis App Users.
Third Party Payments
User shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the User Materials (including, without limitation, any such obligations that may arise from Valentis Group Pty Ltd use of such User Materials as authorized herein).
User agrees to defend, indemnify, reimburse and hold Valentis Group Pty Ltd and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sub licensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
User's use of the Valentis Apps;
Valentis Apps use of the User Materials;
any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and
User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of User Materials as contemplated hereunder.
“All Valentis Apps” Performance
User acknowledges and agrees that the operation of all Valentis Apps may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Valentis Apps shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Valentis Group Pty Ltd service. Valentis Group Pty Ltd does not control the content of the User Materials and does not have any obligation to monitor such content for any purpose. User acknowledges that User is solely responsible for all content created with all Valentis Apps.
To the maximum extent permitted by applicable law, Valentis Group Pty Ltd disclaims all warranties, either express or implied, including but not limited to
uninterrupted or continuous availability of the Valentis Apps or Valentis Group Pty Ltd site, and
Valentis Group Pty Ltd intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the site and app, and whether or not Valentis Group Pty Ltd implements the aforementioned reasonable protections, Valentis Group Pty Ltd does not warrant that the app and site, any part thereof, or any information or other material accessible through the sites is free of viruses, worms, trojan horses or other harmful components.
No liability for third party use
Valentis Group Pty Ltd disclaims all responsibility and liability for any third party use of the users materials made available on the Valentis Apps by the user pursuant to the terms of this agreement. Users shall be solely responsible for seeking relief for any unauthorized use of users materials by a third party, and not from Valentis Group Pty Ltd. or Valentis Apps.
Exclusion of damages
To the maximum extent permitted by applicable law, in no event shall Valentis Group Pty Ltd and its directors be liable for any damages whatsoever (including without limitation, damages arising out of an action under contract, negligence or any other theory and damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, incidental damages, consequential damages, punitive damages, exemplary damages), whether or not Valentis Group Pty Ltd has been advised of the possibility of such damage, arising out of or in connection with this agreement or the use or performance of the Valentis Group Pty Ltd sites and/or the Valentis Group Pty Ltd Services. In no event shall Valentis Group Pty Ltd total liability to user under this agreement from all causes of action and under all theories of liability exceed $200.
Copyright and trademark notices
User acknowledges and agrees that Valentis Group Pty Ltd, all Valentis Apps logos and characters, and the layout and design of the Valentis Apps and website of Valentis Group Pty Ltd among other marks that may appear on the Valentis Group Pty Ltd Sites are trademarks of Valentis Group Pty Ltd. Other trademarks and service marks on the Valentis Group Pty Ltd sites may be the property of the advertisers, content partners and/or providers, or other third parties. User may not use any of the Valentis Group Pty Ltd Marks without Valentis Group Pty Ltd prior written permission, and User may not use any third-party marks without the third party's prior written permission.
All notices, requests and other communications under this Agreement must be in writing and sent to firstname.lastname@example.org
Valentis Group Pty Ltd reserves the right to change the terms of this agreement from time to time in its sole discretion. In the event of such changes, Valentis Group Pty Ltd will post the changes on www.valentisapps.com By continuing to use the Valentis Apps and Valentis Group Pty Ltd Services after modification, the user agrees to be bound by the changes to this agreement.
Last Updated: 28th of March 2014