Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named VShip Document Upload
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to VShip, 3636 33rd Street.
Device means any device that can access the Service such as a cell phone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service. These Terms and Conditions have been created with the help of the Terms and Conditions Generator.
Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
In order to use certain features of the Service, You must create an account. When You create an account, You agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete.
You are responsible for safeguarding the credentials used to access Your account and for any activities or actions taken under Your account. You agree not to disclose Your account credentials to any third party. You must notify Us immediately upon becoming aware of any unauthorized use of Your account or any other breach of security.
We reserve the right to suspend or terminate Your account at any time and for any reason, including but not limited to a violation of these Terms and Conditions. Upon termination of Your account, Your right to use the Service will cease immediately, and We may delete Your account information and any content associated with Your account.
You may not create more than one account per person. You may not assign or otherwise transfer Your account to any other person or entity without Our prior written consent.
User-Uploaded Content
Our Service allows You to upload, submit, or send, content, including but not limited to documents, images, files, and other materials ("User Content"). You retain ownership of any intellectual property rights that You hold in Your User Content.
By uploading or otherwise submitting User Content to the Service, You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content solely for the purpose of operating, providing, improving, and maintaining the Service. This license continues for as long as Your User Content is stored on the Service and for a reasonable period after deletion to allow for backup and archival processes.
You represent and warrant that: (i) You own or otherwise control all rights to the User Content that You upload; (ii) the User Content is accurate and not misleading; (iii) the User Content does not violate these Terms and Conditions or any applicable law or regulation; and (iv) the User Content will not cause injury to any person or entity.
We reserve the right, but are not obligated, to review, monitor, or remove User Content at Our sole discretion and for any reason, including but not limited to content that We believe violates these Terms, Our policies, or applicable law.
You are solely responsible for the User Content that You upload to the Service and the consequences of posting or publishing it.
Intellectual Property
The Service, including all software, source code, object code, application architecture, business logic, user interface designs, data structures, integrations, documentation, and all original content (excluding User Content), features, and functionality, are and shall remain the exclusive property of the Company. The Company is the sole owner of all intellectual property rights in the Software and the Service, including all copyright and related rights, database rights, trade secrets, know-how, patents, and rights in designs, whether registered or unregistered, wherever in the world. All such rights have been assigned to and are exclusively held by the Company.
The Company's name, the name "VShip," the name "VShip Document Upload," and all related logos, trademarks, service marks, trade dress, product and service names, designs, and slogans are the exclusive property of the Company or its Affiliates or licensors. You may not use, reproduce, or display such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.
All derivative works, modifications, enhancements, improvements, adaptations, updates, upgrades, and new versions of the Software or the Service, whether created by the Company, its developers, or any third party acting on its behalf, are the exclusive property of the Company.
The Service may incorporate certain third-party and open source software components, which are subject to their respective license terms. The Company's proprietary rights extend to all parts of the Service that are not themselves subject to such third-party or open source licenses, including all business logic, application architecture, user interface, integrations, and data structures.
Feedback and Suggestions
If You provide the Company with any feedback, suggestions, ideas, improvements, recommendations, or other input regarding the Service ("Feedback"), You hereby assign to the Company all rights, title, and interest in and to such Feedback. You acknowledge and agree that the Company shall be free to use, implement, disclose, reproduce, license, distribute, and otherwise commercialize the Feedback in any manner and for any purpose, without acknowledgment, compensation, or credit to You. This assignment of rights applies regardless of whether such Feedback is provided orally, in writing, electronically, or by any other means.
You agree that You will not submit any Feedback that You consider to be confidential or proprietary. The Company is under no obligation to use, review, or act on any Feedback that You provide.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@vship2000.com
- By phone: +1 (718) 706-8566
- By mail: VShip, 3636 33rd Street, Astoria, NY 11106, United States