Vanillo Terms of Service
Last updated — 2022-12-03
Abstract
These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by CosmicMedia LLC. By clicking your consent or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.
Your Account and Responsibilities
You are responsible for your use of the Services and any and all content you upload, or otherwise provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
Your use of the Services must comply with our Rules, set forth in the Terms of Service and Community Guidelines, including any limitations that may have been presented to you when performing a specific action.
You may need to register for an account to access some or all of our Services. We recommend that you do not share your password with others.
If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case, the words “you” or “your” in these Terms include that other person or entity.
To use our Services, you must be at least 13 years old. By creating an account, you confirm you are 13 years of age or older.
User Content on the Service
Vanillo may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content at any time.
Vanillo reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers.
We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy.
In addition, Vanillo reserves the right to terminate, ban, or otherwise disable or restrict your account, and profiles at our discretion.
Rights and Ownership
You retain your rights to any content you submit, post or display on or through the Service. Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Vanillo a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to be able to download your works in accordance with our rules in order to ensure our terms are being abided by.
So long as you comply with these Terms, Vanillo gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.
The Services are protected by copyright, trademark, and other international laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, logos or other brand features. Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, at our sole discretion, without any obligation to you. We may treat feedback as non-confidential.
We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.
Videos and Other Content
The Service allows users to upload videos, to be viewable publicly or with restrictions. By uploading a video to the Service, you acknowledge and affirm to the following terms in regard to that upload;
- • Your video does not infringe on anyone’s copyright. The video must consist solely of your own intellectual property, or includes licensed copyrighted content.
- • Your content abides by the Vanillo Community Guidelines, and does not violate any applicable laws (U.S. and Floridian laws, and any laws in the area in which you reside).
The Service reserves the right to delete or otherwise restrict your video from the Service if it is in violation of these terms. In addition, the Service reserves the right to punish your account when it is in violation of these terms.
These terms apply to any other content which you submit to Vanillo, either privately or publicly.
Subscriptions
Vanillo offers multiple different monthly subscriptions which provide more to subscribers. When subscribing to either Vanillo Gold, or Vanillo Pro, you agree to abide by the following terms;
- • You will not charge back your payment with your bank, or whichever financial institution the transaction was completed over.
The Service reserves the right to punish your account when it is in violation of these terms, including removing Gold or Pro perks from your account.
Termination
You are free to stop using the Service at any time, including deleting your account and all related data via the Settings page, available on the site when logged in. We reserve the right to suspend, terminate, or disable your access to the Services with or without notice.
Transfer and Processing of Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in other countries, where you may not have the same rights and protections as you do under local law.
"As Is"
The Service is provided "as is" or "as available" and has no warranty of no kind, either express or implied.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Vanillo or the other CosmicMedia LLC Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, Vanillo and CosmicMedia LLC Parties won’t be liable for:
- a. Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Vanillo or the other CosmicMedia LLC Parties have been advised of the possibility of such damages.
- b. Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Vanillo and CosmicMedia LLC Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.
Disputes
In the event of a dispute, we’d love to address your concerns without formal legal proceedings. Before filing a claim against CosmicMedia, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at legal@cosmic.media, or by certified mail to our registered agent at 7901 4th Street North, St. Petersburg, FL 33702.
The notice must;
- a. include your name, residence address, email address, and telephone number;
- b. describe the nature and basis of the claim; and
- c. set forth the specific relief sought.
Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
No Waiver
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
Changing these Terms
In the event of the updating of these Terms, you will be notified via email and given ample time to terminate your account and the use of the Service if you do not accept the new changes.
By continuing to use the Service after that waiting period, you are assumed to have accepted the new terms.