Last Updated: September 12th, 2018
The Services are currently under intense development and different features and content will continue to be rolled out. Some parts of these Terms refer to functionality and content that have not yet been implemented or deployed. Once such functions and content is available for use and viewing, respectively, by continuing to use the Services you agree that those parts of these Terms shall go into effect.
Adult Users Only. The Services are not intended for individuals under 18 years of age. If you are under 18, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users. Accordingly, you represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to enter agree to and abide by these Terms.
No Criminal History. By accessing the Services, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. We do not currently conduct criminal background searches on Users. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm compliance with these Terms. Void Where Prohibited. You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Services is not permitted where such use is prohibited.
B. Use of the Services.
Code of Conduct. By accessing the Services and Content, you agree to the following code of conduct:
You will not publish, display or use (hereinafter "post") any defamatory, abusive, obscene, profane, threatening, harassing, sexually oriented, racially offensive, discriminatory or otherwise offensive or illegal material.
You will treat all fellow Users with dignity and respect.
You will notify us promptly of any User’s violation of these Terms.
You will not post any telephone numbers, street addresses, last names, URLs, email addresses, social media accounts or other contact information; if you do so, it is at your own risk and we assume no responsibility for use of such information.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any User or other individual accessing the Services.
You will not express or imply that any statements you make are endorsed by us without specific prior written consent.
You will not use manual or automatic processes to retrieve, index, datamine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents. This prohibition does not include standard indexing by Internet search engines, which hereby is explicitly permitted.
You will not remove any copyright, trademark or other proprietary rights notices displayed through the Services.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt the Services or the servers or networks connected to the Services.
You will not post, message, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.
You will not "frame" or "mirror" any part of the Services without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to the Services in order to direct any person to any other website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause or assist others to do so.
Location-Based Services. We may offer features that are based on the location of Users and which may report on those Users' current locations (the "Location-Based Services"). Use of Location-Based Services is solely at your discretion. Should you use Location-Based Services, you consent to collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to disseminate your location information together with your Personal Profile information through the Services.
Commercial Use. The Services are generally for the use of individual Users only. However, from time to time, we may approve commercial use of the Services through corporate partnerships and agreements. Unless specifically authorized for commercial use by us under such an arrangement, organizations, companies, and/or businesses may not become Members and should not use the Services for any purpose. Illegal and/or unauthorized uses of the Services, including collecting usernames, email addresses or other profile information of Users by electronic or other means for the purpose of sending unsolicited email, are prohibited.
Compliance with Applicable Laws. Your use of the Services, including but not limited to any content you post, must be and shall be in accordance with any and all laws and regulations that apply to you and your use of the Services.
C. Payment Terms.
VERV accepts certain credit cards and will automatically charge your selected credit card for all applicable fees on a monthly or three-month, or six-month basis, depending on which account you select, until you or we cancel your account. The account fee will be billed when you first choose to open an account and each month or time period (depending on which account you select) thereafter unless and until you cancel your membership. Account charges are fully earned upon payment and there are no refunds or credits for partially used months or years, as applicable. If any fee is not paid in a timely manner, or VERV is unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your account.
You may cancel your account at any time; however, there are no refunds for cancellation; if you cancel before the end of your billing cycle you have access to your account for the remainder of the billing cycle. In the event that We suspend or terminate your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Canceling Your Account
Your VERV account will continue in effect unless and until you cancel your account, or we terminate it. You must cancel your account before it renews each month or time period (depending on which account you select) in order to avoid billing of the next month’s/period’s fees to your credit card. VERV will bill the monthly/periodic fees associated with your account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
The Information may enable special offers for certain eligible groups. If you qualify and subscribe through a special offer, you will be billed the advertised special rate for one year and automatically renewed at the regular rate after that.
D. Disclaimers of Responsibility for User Actions.
You are solely responsible for your interactions and arrangements with other individuals. You understand that we do not, in any way, screen individuals, nor do we inquire into the backgrounds of Users or attempt to verify their statements. We make no representations or warranties as to (i) the conduct of Users, (ii) Users' compatibility with current or future Users, (iii) any information concerning any venues, dates (proposed, accepted, or otherwise), schedules or events suggested by Users or otherwise through the Services. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with other Users or any other individual you come into contact with through the Services, particularly if you decide to meet such Users or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding the provenance of, or your compatibility with, individuals you meet through the Services. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
No Reliance on Content. Opinions, advice, statements, offers, or other information or content made available through the Services, whether by Us or other creators/authors we invite to create content for us should not necessarily be relied upon. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any Users.
E. Reservation of Rights.
Right to Terminate or Deny Service. You understand that we, at our sole discretion, at any time, for any reason or no reason whatsoever, can deny or block any user from the Services and terminate any User’s account. Right to Request Information. You understand that we have the right to request complete, accurate and current information confirming eligibility for subscription and/or membership and you agree to provide that information in response to such a request.
Rights to Disclose.
Disclosure by Law. You acknowledge and agree that we have the right to disclose information you provide if required to do so by law at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including a User) is threatened.
Right to Review Content; No Duty to Monitor. You acknowledge and agree that we have no duty whatsoever to prescreen, control, monitor or edit the content posted by Users and we are not liable for content that is provided by others. However, you understand and agree that we may, but are not required to, review, edit and delete any content, email, messages, photos, dates or profiles that, in our sole judgment and discretion: (i) violate these Terms; (ii) may be offensive, disturbing, unsafe, or illegal; or (iii) may violate any rights of other Users or third parties.
F. Materials Release.
Grant of License. For good and valuable consideration, the receipt which is acknowledged, You grant to us or our authorized representative the right and license to use any materials (as hereafter defined) which you may furnish to us. The items covered by this release may include, without limitation, written text of any form, video, photographs, paintings, pictures, slides, posters, letters, books, newspapers, statuary, exhibits, graphics, art, images, whether picture or film and audio captured of you at an event or media shoot by us, or objects of any nature or kind, such items being hereafter collectively referred to as the "Materials ". The rights granted to us include the right to refer to the titles of the Materials and their creators by their correct or assumed names. All images of the Materials captured on film, on tape or otherwise shall be referred to in this Materials Release section as the "Recordings".
Right to Use. You agree that we shall (i) have the right to use the Materials and Recordings, in whole or in part, in any manner or media (whether now existing or created in the future), in perpetuity, in all languages, throughout the universe, and (ii) be entitled to use the Materials and Recordings as we deems appropriate, including, without limitation, for promotion and publicity purposes and (iii) own all rights in the Recordings. "Media" for purposes of this Materials Release shall include all forms of media including without limitation, terrestrial broadcast, radio, cable television, syndication, closed circuit television, multi-point distribution service, direct broadcast satellite, direct projection exhibition, video/internet streaming and other internet type services, pay and subscription exhibition, video-on-demand, all forms of print media (both paper and electronic), all forms of media in fixed, tangible format (e.g. DVDs), and electronic databases.
No Payment. You agree that no payment shall be due to you or any third party for agreeing to this Materials Release, regardless of the time or method of any future use of the Recordings. You waive (i) the right to inspect or approve of any use of the Recordings, (ii) any right to injunctive relief you may have in connection with this Materials Release, (iii) the right to revoke this Materials Release, and (iv) any moral rights you have in the Recordings. You further agree to execute or assist us in obtaining any additional licensees and/or releases to effectuate our rights described herein. We are under no obligation to use or exhibit the Materials or Recordings in any manner. We may assign or otherwise transfer this Materials Release or any of its rights provided herein, at our discretion.
This Materials Release shall be binding on your legal representatives, heirs, and assigns and upon us, its licensees and assigns. You represent and warrant that you are the sole owner (or sole owner’s authorized representative) or the sole legal custodian (or sole legal custodian’s authorized representative) of Materials and have the right, power and authority to grant the rights set forth in this Materials Release section. In this regard, you agree to hold us harmless from any liability that results from any misrepresentations regarding the rights you are granting.
G. Account Security.
You understand and agree that you are responsible for maintaining the confidentiality and security of the username and password that you designate during the process of becoming a User, and you are fully responsible for anything that occurs under your username and password.
You agree to (1) immediately notify us of any unauthorized use of your username or password or any other breach of security and (2) ensure that you exit from your account at the end of each session. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to use extra care when accessing your account from a public or shared device, so that others are not able to view or record your password or other personal information. If you share your device with others, you may wish to consider disabling your auto-sign in feature.
Our Obligations. We use industry-standard techniques to safeguard your account information. However, perfect security is not possible on the Internet, and therefore we cannot and do not guarantee that information provided to us will not become public under any circumstances. This is particularly true for any information you provide on public areas of the website, including public profile information, with is fully public, may be indexed by Internet search engines and may be used for any purpose.
H. Proprietary Rights; Use License.
Ownership. We and our licensors own and retain all proprietary rights in the Services. The Services may contain the copyrighted material, trademarks, and other proprietary information of us and our licensors (the "Site Content"). Except for Site Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Site Content. Use License. Subject to these Terms, we grant to you a limited, revocable, non-exclusive, fully paid license to access the Site Content, for the sole and limited purpose of facilitating your use of the Services. User Content. You acknowledge and agree that if you use the Services to contribute content (such as written, audio or videos or comments, responses, etc.) ("User Content"), you hereby do and shall grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format, through any media channel, for any purpose and to allow others to do so. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services and to use such User Content as permitted by the Services and under these Terms.
You represent, warrant and agree that you will not contribute any User Content that:
- infringes, violates or otherwise interferes with any copyright or trademark of another party;
- reveals any trade secret, unless you own the trade secret or have the owner’s permission to disclose it;
- reveals any trade secret, unless you own the trade secret or have the owner’s permission to disclose it;
- infringes any intellectual property right of another or the privacy or publicity rights of another;
- is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or
- may contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Copyright Policy. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent for notice of claims of copyright infringement (VERV EXP LLC Legal, P.O. Box 643, Weston, MA 02493) with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; •
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I. Interaction with Us or Our Agents.
We may provide assistance and guidance to Users through our employees or agents. When communicating with those individuals, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
We are not responsible for any incorrect or inaccurate content posted through the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We assume 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 communications.
We are not responsible for any problems or technical malfunction of any wired or wireless telephone network or lines, computer online 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 or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Services.
Under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, any content posted on the Services or transmitted to Members, or any interactions between Users, whether online or offline.
From time to time, we may offer new "beta" features or tools with which Users may experiment with the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion.
We provide the SERVICES "AS IS, AS AVAILABLE," without any warranty or condition of any kind (express, implied or statutory) AND YOUR ACCESS OF THE Site IS AT YOUR OWN RISK. We do not warrant that our services will meet your requirements or result in any particular outcome, or that the operation will be uninterrupted or error-free. To the fullest extent allowed by law, we specifically disclaim any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
We shall not be liable to you for any DIRECT, special, incidental, indirect, punitive or consequential damages (even if you have been advised us of the possibility of such damages). Our cumulative liability relating to your use of the SERVICES (regardless of the basis), shall not exceed the greater of (a) amounts that you paid TO US IN THE PREVIOUS TWELVE MONTHS and (b) $100. SOME states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
K. Third Party Links.
You may be provided links to other websites or resources through the Services. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 upon, any such content, goods or services available on or through any such site or resource.
L. Compliance with Laws.
You will only use the Services in a manner consistent with these Terms and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (a) embargoed goods, (b) identified as a "Specially Designated National," or (c) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services; the Services may not be used where prohibited by law.
M. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Services, by using the Services you expressly agree that any such dispute shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Massachusetts, in Suffolk County, for the resolution of any such dispute.
N. Indemnity by You.
You agree to indemnify and hold us, our 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 Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
Entire Agreement. These Terms contain the entire agreement between you and us regarding your use of the Services.
Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Survival. Even after your membership or subscription is terminated, or your use of the Services discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.
Relationship of the Parties. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Please contact us at P.O. Box 643, Weston, MA 02493 with any questions regarding these Terms. VERV, VERV.tv, Startup Cuba, VERV News and ¿Que Qué? are all trademarks of VERV EXP, LLC, all rights reserved.
BY ACCESSING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.