Updated July 11, 2018
Welcome to Voltereum.com. You
must read and agree to these terms and conditions before you may access or view
our website. Please read them carefully. By visiting the Voltereum.com, website
you are agreeing to its terms. This Agreement is subject to change at any time
and changes are effective upon posting. Please bookmark this page and check it
frequently as it is up to you to refer to this page for any amendments/changes
to the original Agreement.
1.
Eligibility: You
must be 16 or over to register as a member of or use Voltereum.com. Membership
in the service is void where prohibited. By using and/or viewing this site, you
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of its terms and conditions, that you
are at least 16-years old, and that you are not prohibited by law from using
the Site.
2.
Stage à Ground-Zero –
for Alpha customers - Non-Commercial Use by Members/Viewers: This
Voltereum.com website is for the personal use of Alpahs
Users. Individual members and viewers only and may not be used in connection
with any commercial endeavors at this time. This policy will change after
launch to be fully commercial based rollout. For now, organizations, companies, and/or
businesses may not become members of this Voltereum.com site and shall not use
the Voltereum.com service or site for any purpose including but not limited to:
sending unsolicited commercial e-mail to members, sending advertisements for
other web sites and services in this site’s chat rooms, comment sections, or
using member personal identifying information for commercial purposes. Illegal
and/or unauthorized uses of the site, including unauthorized framing of or
linking to the site or the sending of unsolicited commercial email will be
investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress and/or termination of
membership at Voltereum.com’s discretion. In order to
prevent the sending of unsolicited commercial email or chat messages to its
members, Voltereum.com may take reasonable steps, including the limiting of the
numbers of emails or chat messages sent or received by a member and
electronically filtering or throttling or terminating e-mail and chat messages
at Voltereum.com ‘s sole discretion.
3.
Proprietary Rights of Content on Voltereum.com: Voltereum.com
owns and retains other proprietary rights in the Voltereum.com site and the Voltereum.com
service. The site contains the material, trademarks, and other proprietary
information of Voltereum.com, and its licensors. Except for that information
which is in the public domain or for which you have been given permission, you
may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
o
Voltereum.com claims immunity from liability to the fullest
extent under the law and as provided under the Communications Decency Act for
Content provided by third parties and members and nothing in this Agreement is
intended to waive, remove, or usurp such immunity. You understand and agree
that Voltereum.com may delete any content, messages, photos or profiles
(collectively, “Content”) that in the sole judgment Voltereum.com violates the
Terms of Use or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of Voltereum.com and/or its members.
o
You are solely responsible for the content that you publish or
display (hereinafter, “post”) on the Voltereum.com, or transmit to other Voltereum.com.
o
By posting content to any public area of Voltereum.com website,
you automatically grant, and you represent and warrant that you have the right
to grant, to Voltereum.com and its members, an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform, display,
and distribute such information, rights of publicity, and content and to
prepare derivative works of, or incorporate into other works and other media,
such information and content, and to grant and authorize sublicenses of the
foregoing. For privacy terms, please refer to our Privacy Policy.
o
Voltereum.com will investigate and take appropriate legal action
in its sole discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the site or
service and terminating the membership of such violators. The following is a
partial list of the kind of content that is illegal or prohibited on the site –
it includes content that: is patently offensive to the online community, such
as content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; harasses or advocates harassment of another
person or invades their privacy; providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; You must use the Voltereum.com service in a
manner consistent with any and all applicable laws and regulations.
o
You agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission. You
agree that you will not use any device, software or routine to bypass or to
interfere or attempt to interfere with the proper working of the Voltereum.com
website. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure. Much of
the information on our site is updated on a real time basis and is proprietary
or is licensed to Voltereum.com by our users or third parties.
o
You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the service. You will
not transmit any chain letters or junk email to other Voltereum.com members.
Although Voltereum.com cannot monitor the conduct of its members off the Voltereum.com , it is also a violation of these rules to use
any information obtained from the service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
member without their prior explicit consent.
o
Your profile (and its contents) may be searchable by, and you
may be able to search for the profiles (and their contents) of, members
registered to other Voltereum.com operated and “powered by” websites, e.g.
co-branded, privately labeled, etc. This feature may allow you to interact with
additional members of Voltereum.com websites.
o
Your profile (and the contents thereof) may be searchable by
third-party publicly available search engines.
4.
Copyright Policy/DMCA Notice: You
may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights or otherwise have a
valid basis under the law, including “fair use”. Without limiting the
foregoing, if you believe that your work has been copied and posted on the Voltereum.com
service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information consistent with the Digital
Millennium Copyright Act (DMCA): an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a description
of where the material that you claim is infringing is located on the our site
including the URLs of web pages and/or hyperlinks; your address, telephone
number, and email address; a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf. Voltereum.com‘s
Copyright Agent for Notice of claims of copyright infringement or those under
the DMCA can be reached as follows: dmca@Voltereum.com It
is the intention of Voltereum.com to fully comply with the DMCA, including the
Notice and “take down” provisions and to benefit from the safe harbors
immunizing it from liability to the fullest extent provided by law, and to the
extent the Notice and “take down” requirements above deviate from the
requirements under the DMCA then the Notice requirements as provided by the
DMCA shall control and are herein incorporated by reference.
5.
Member Disputes: Voltereum.com
does not solicit or control the information provided by other users that is
made available through our system. You may find other user’s information to be
offensive, harmful, inaccurate and/or deceptive. If so, please request a
profile review using the link provided on the member’s profile page or at Voltereum.com
other places throughout the website. Please also use caution, common sense, and
safety when using our site. You are solely responsible for your interactions
with other Voltereum.com members. Because it is not involved in member
interactions, in the event that you have a dispute with one or more members or
those who have posted, viewed and/or used information on the Voltereum.com
website, you release Voltereum.com including its officers, directors, agents,
subsidiaries and employees, from claims, demands and damages (actual and
consequential) 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.
6.
Privacy: Use
of the Voltereum.com website and/or its service is governed by our Privacy
Policy, which may change from time to time upon electronic notice to you.
7.
Disclaimers: Voltereum.com
including its officers, directors, agents, subsidiaries and employees is not
responsible for any incorrect or inaccurate content posted on the Voltereum.com
website or in connection with the Voltereum.com service, whether caused by
users, members or by any of the equipment or programming associated with or
utilized in the service, nor for the conduct of any user and/or member of the Voltereum.com
service whether online or offline. Voltereum.com, assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member communications. Voltereum.com
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer on-line-systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to users and/or members or to any other
person’s computer related to or resulting from participating or downloading
materials in connection with the Voltereum.com website and/or in connection
with the Voltereum.com service. Under no circumstances Voltereum.com be
responsible for any loss or damage resulting from anyone’s use of the Site or
the service and/or any content posted on the Voltereum.com site or transmitted
to Voltereum.com Members. The Site and the service are provided “AS-IS” and Voltereum.com , expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. Voltereum.com cannot guarantee
and does not promise any specific results from use of the site and/or the Voltereum.com
service.
8.
Limitation on Liability: Except
in jurisdictions where such provisions are restricted (and in that event
liability is disclaimed to the fullest extent permitted by law), in no event
will Voltereum.com be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Site or the Voltereum.com
service, even Voltereum.com has been advised of the possibility of such
damages. You further agree to hold Voltereum.com, including its officers,
directors, agents, subsidiaries and employees harmless for claims arising in
the event that other user’s profile ultimately proves to be offensive, harmful,
inaccurate and/or deceptive. Notwithstanding anything to the contrary contained
herein, Voltereum.com ‘s liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you to Voltereum.com for the service during the term of
membership.
9.
U.S. Export Controls: Software
from this site is further subject to United States export controls. No software
from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny
Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
10.
Arbitration of Disputes: Any
and all disputes arising out of or related to these Terms of Use and/or your
relationship with Voltereum.com and/or your use of this Site shall be submitted
to binding arbitration according to the rules of the Canadian Arbitration
Association. The parties to the arbitration shall evenly divide any and all
costs of the arbitration. Neither party shall be entitled to attorney fees. All
parties submit to exclusive jurisdiction in Ontario, Canada. The arbitration
shall take place exclusively in Toronto, Ontario, Canada before a retired judge
and shall be governed by Ontario law without regard to its conflict of law
provisions.
11.
Indemnity: You
agree to indemnify and hold Voltereum.com its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney’s fees, made by any
third party due to or arising out of your use of the service in violation of
this Agreement and/or arising from a breach of these Terms of Use and/or any
breach of your representations and warranties set forth above.
12.
Notices/Other: Except
as explicitly stated otherwise, any notices shall be given by email to:Webmaster
webmaster@Voltereum.com Notice
shall be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. Alternatively, Voltereum.com may
give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to Voltereum.com during the registration
process. In such case, notice shall be given 3 days after the date of mailing.
You agree that this Agreement and all incorporated Agreements may be
automatically assigned by Voltereum.com in our sole discretion, to a third
party. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. References to Voltereum.com
shall include its subsidiaries, affiliates, officers, agents, and other
partners and employees. Voltereum.com failure to act with respect to a breach
by you or others does not waive its right to act with respect to subsequent or
similar breaches. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect.