STATEMENT OF RIGHTS AND RESPONSIBILITIES
This Statement of Rights and Responsibilities ("Statement", "Terms" or "SRR") represents our terms of service that governs our relationship with users and others who interact with VOUBS. By using or accessing VOUBS, you consent with this Statement, as well as with its future updates from time to time, in accordance with Section 14 below. In addition, at the end of this document you will find sources that will help you understand how VOUBS works.
The Privacy of your data is very important to us. We created a Policy of using the data, in order to state important clarifications on how you can use VOUBS for sharing with others and how we collect and may use your content and information. We encourage you to read the Policy for the use of data and refer to it to make informed decisions.
Sharing your content and information
You own all the content and information you post in VOUBS, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property (IP) rights, such as photos and videos (IP content), you explicitly give us the following permission, depending on your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or is connected to VOUBS (IP license). This IP license terminates when you delete your IP content or your account, unless your content had been shared with others and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on your computer. However, you acknowledge that removed content may remain in backup copies for a reasonable period of time (but will not be available to others).
- When using an application, it may request for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your set up with that application will regulate how it may use, store and transfer your content and information. (To learn more about the Platform, including how you can exercise control on what information others can share with the applications, please read our Policy for use of data and the Page of the Platform).
- When you publish content or information using the Public setting, it means that you allow everyone, even persons outside VOUBS, to have access to this information and use it, and to associate it with you (i.e. your name and profile photo).
- We always appreciate your feedback or other suggestions about VOUBS, but you understand and agree that we may use them without any obligation to reward you for them (just as you have no obligation to offer them).
We do everything possible to maintain VOUBS safe, but we can not guarantee it. We need your help to keep VOUBS safe, which includes the following commitments from your side:
- You may not post unauthorized commercial messages (such as spam) in VOUBS.
- You may not collect content or information from users, as well as otherwise access VOUBS, using automated means (such as robots for data collection, robots, indexing robots or robotic data retrieval) without our prior permission.
- You may not participate in illegal marketing of various levels, such as pyramid schemes, in VOUBS.
- You may not upload viruses or other malicious code.
- You may not collect login information or information for account access, belonging to someone else.
- You may not harass, worry or disturb other users.
- You may not post content that: is hateful, threatening, or pornographic; incites to violence; contains nudity or stylized/gratuitous violence.
- You may not develop or manage applications from third parties, with content related to alcohol, dating or other mature content (including advertisements) without appropriate age restrictions.
- You shall follow all applicable laws, if you announce publicly or offer any competitions, gifts or lotteries (collectively referred to as "promotions") in VOUBS.
- You may not use VOUBS for unlawful, misleading, malicious or discriminatory activity.
- You have no right of actions which could damage, overload or disrupt the correct performance or appearance of VOUBS, such as an attack to stop the service or interference with the page display or other functions of VOUBS.
- You may not facilitate or encourage the violation of this Statement or our rules.
Registration and protection of the account
VOUBS users shall provide their real names and personal information and we shall need your help to keep it. Here are some commitments you shall take to us with regard to registering and maintaining the security of your account:
- You may not provide false personal information to VOUBS or create an account for anyone other than for yourself without our permission.
- You may not create more than one personal account.
- If we disable your account, you may not create another without our permission.
- You may not use your personal journal primarily for commercial gain, but shall use VOUBS page for such purposes.
- You may not use VOUBS, if you are under 13 years old.
- You may not use VOUBS, if you have a conviction for sexual assault.
- We shall keep your contact information accurate and up to date.
- You may not share your password (or in the case of developers, your secret key) to grant others access to your account, or perform any action that might compromise the security of your account.
- You may not transfer your account (including any page or application you administer) to anyone without first getting our written consent.
- If you select a user name or similar identifier for your account or Page, we reserve the right to remove or return it, if we deem this appropriate (such as when a trademark owner complains about a username that is not closely related to the actual name of the user).
Protecting the rights of others
We respect the rights of others and expect you to do the same.
- You shall not post content or take any action in VOUBS, which violates or infringes the rights of others or otherwise violates the law.
- We can remove any content or information you publish in VOUBS, if we believe that it violates this Statement or our rules.
- We provide you with tools by means of which we protect your intellectual property rights.
- If we remove your content for infringing the copyright of someone else, and you think that we have done wrong, we will give you the opportunity to appeal.
- If you systematically violate the intellectual property rights of others, we will disable your account when appropriate.
- You may not use our copyrights or trademarks (including VOUBS, VOUBS logos) or misleadingly similar signs, except as expressly permitted by our prior written consent.
- You may not post anyone's identification documents or important financial information in VOUBS.
- You may not tag users or send email invitations to non-users, without their consent. VOUBS offers tools for social reporting, which allow users to provide feedback on taging.
Mobile and other devices
- We currently provide our mobile services for free, but keep in mind that standard rates and fees of your service provider, such as e.g. text messaging fees, still apply.
- If you change or deactivate your mobile telephone number, you shall update your account information in VOUBS within 48 hours to ensure that your messages will not be sent to the person who may get your old number.
- You consent and grant all rights necessary to enable users to sync (including via an application) their devices with any information that is visible to them in VOUBS.
If you make a payment in VOUBS or use VOUBS credit, you automatically agree to our Terms of payment.
Special provisions, applicable to add-ons for social networks
If you switch on our add-ons for social networks, like the buttons "Share" or "Like" on your web site, the following additional conditions shall apply to you:
- We give you permission to use add-ons for social networks VOUBS, so that users can post links or content from your web site in VOUBS.
- You give us permission to use and allow others to use such links and content in VOUBS.
- You may not insert add-ons to social networks in any pages with content that would violate this Statement if posted in VOUBS.
Special provisions applicable to the developers/operators of applications and websites
If you are a developer or operator of a website or application platform, the following additional conditions apply to you:
- Your access to and use of data you receive from VOUBS, will be limited as follows:
- You may only require the data that you need to manage your application.
- You shall delete all data you receive from us concerning a user if he wants you to do so, and you shall provide consumers with a mechanism to make such requests.
- You may not include data you receive from us, concerning a user, in any promotional materials.
- You may not transfer directly or indirectly data you receive from us to, or use such data in connection with: ad network, ad exchange, data broker or other advertising related toolset, even if you have the consent of the user on the transfer or specific use.
- You may not sell user data. If your company is acquired by or merged with another company, you can continue to use user data within your application, but you can not transfer them outside it.
- We may require you to delete user data if you use them in a way that we deem contrary to the expectations of consumers.
- We may limit your access to data.
- You shall comply with all other restrictions contained in our VOUBS policy platform.
- You may not give us any information that you independently collect from users, or any user content, without this user’s consent.
- You shall provide the users with an easy way to remove the application or disconnect from it.
- You shall provide the users with an easy way to contact you. We may also share your email address with users and others who claim that you have violated or otherwise affect their rights.
- You shall provide user support for your application.
- You may not display ads of other companies or fields for web search in www.VOUBS.com.
- We provide you with all necessary rights to use the code, APIs, data and tools that you receive from us.
- You may not sell, transfer or sublicense our code, APIs or tools.
- You shall not present in a false way your relationship with VOUBS to others.
- You may use the logos we provide to developers or issue a press release or other public statement only if you comply with our VOUBS policy platform.
- We may issue a press release describing our relationship with you.
You shall observe all applicable laws. In particular, you shall (if applicable):
- have rules for removal of illegal content and terminating repeated offenses which fall under the stipulations of the Digital Millennium Copyright Act (DMCA) of the USA.
- comply with the Video Privacy Protection Act (VPPA) of the USA and get the necessary consent for participation of users, so that user data, falling within the scope of VPPA, can be shared in VOUBS. You shall make it clear that any data disclosure whatsoever is not inherent in the normal course of your business.
- We do not guarantee that the Platform will always be free of charge.
- You shall grant us all rights necessary to enable your application to work with VOUBS, including the right to incorporate content and information that you provide to us into streams, logs and history about the activities of the users.
- You shall grant us the right to link to or enclose in a frame your application, and place content, including ads, around it.
- We may analyze the application content and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- We may carry out checks on your application to ensure that it is safe for consumers.
- We have the right to create applications that offer features and services similar to your application, or otherwise compete with it.
Advertising and other commercial content served or enhanced by VOUBS
Our goal is to provide advertising and other commercial or sponsored content that is valuable to our users and advertisers. To help us do this, you consent to the following:
- You grant us permission to use your name, profile photo, content and information in connection with commercial, sponsored, or related content (e.g. a brand you like) served or enhanced by us. This means for example that you allow companies or other organizations to pay us to show your name and/or profile photo with your content or information without you receiving compensation for it. If you selected a specific audience for their content or information, we will respect your choice when we use them.
- We may not give your content or information to advertisers without your consent.
- We may not always identify paid services and communications as such.
Special clauses applicable to advertisers
You can target your desired audience by buying ads in VOUBS or our publisher network. If you place an order through our online advertising portal (Order), the following additional conditions shall apply to:
- When placing an Order, you shall specify the type of advertising you want to buy, the amount you want to spend, and your offer. If we accept your Order, we will deliver your ads as soon as materials become available. When serving your ads, we shall do everything possible to deliver them to your audience, although we can not guarantee for each particular case that your advertisement will achieve the desired goal.
- In some cases we may extend your specified target criteria, if we believe that this will increase the effectiveness of your advertising campaign.
- You shall pay your Orders in accordance with our Terms of payment. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads shall comply with our Advertising guidelines.
- We shall determine the size, location and positioning of your ads.
- We do not guarantee the consequences which your ad will cause, such as e.g. the number of clicks on it.
- We can not control the manner of generating clicks on your ad. We have systems that try to detect and filter certain clicks, but are not responsible for click-fraud, technological problems or other possible invalid clicks that can affect the price of active ads.
- You may cancel your Order at any time via an online portal, but it can take up to 24 hours prior to disabling the advertising. You shall be liable for the payment of all active ads.
- Our license for displaying your ad shall be terminated with the completion of your Order. You acknowledge, however, that if users have interacted with your ad, it may continue to be displayed while users delete it.
- You may use your ads and the related content and information for marketing or promotional purposes.
- You may not issue press releases or make public your relationship with VOUBS without our prior written permission.
- We have the right to reject or remove any ad for any reason.
If you run ads on behalf of someone else, you must have permission to do so, including the following:
- you confirm that you have the legal authority to bind the advertiser to this Statement.
- you agree that if the advertiser you represent, violates this Statement, we may hold you responsible for that violation.
Special conditions applicable to pages
Special conditions applicable to software
- If you download or use our software, such as e.g. a standalone software product, application or add-on to browser, you automatically agree that from time to time the software can download and install our upgrades, updates and additional features for the purpose of enhancing, improving and further developing the software.
- You may not modify, create derivative products, decompile or otherwise attempt to derive source code from us, unless you are explicitly authorized to do so under an open source license or by a written permission from us.
- Except in cases, where we make amendments for legal or administrative reasons, or in order to correct inaccurate statement, we shall provide you with a seven days (7 days) notice (e.g. by publishing the amendments on the VOUBS website management page) and the opportunity to comment on the amendments to this Statement. You can also visit our VOUBS website management page and to "like" it, in order to receive news about any amendments to this Statement.
- If we introduce changes in the rules mentioned or included in this Statement, we may publish a notice on the Site management page.
- If you continue to use VOUBS after introduction of amendments to our terms, this shall mean that you accept the amended terms.
If you violate the terms or the meaning of this Statement, or otherwise expose us to a risk or possible legal prosecution, we may cease to provide VOUBS to you, fully or partially. We shall notify you by email or at your next attempt to access your account. You may also delete your account or disable your application at any time. In all these cases the effect of this Statement shall be terminated, but not the applicability of the following terms: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13 and 15-19.
- Any claims, causes of action or disputes (claims) that you have against us, stemming from or relating to this Statement or VOUBS, shall be solved only by the court of Republic of Bulgaria, and you consent to accept the personal jurisdiction of such court for the purpose of litigating any such claims. The laws of the EU shall govern this Statement, as well as all claims that may arise between you and us, regardless of any conflict of legal provisions.
- If anyone brings a claim against us in connection with your actions, content or information in VOUBS, you shall indemnify us and keep us safe from and against any losses, damages and expenses of any kind (including related legal fees and costs) related to such claims. Although we provide rules on consumer conduct, we do not control and direct their actions in VOUBS and shall not be responsible for the content or information which they transmit or share in VOUBS. We shall not be responsible for any offensive, inappropriate, obscene, unlawful or otherwise undesirable content or information that you may encounter in VOUBS. We shall not be responsible for the conduct, whether online or offline, of any user of VOUBS.
- WE ARE TRYING TO MAINTAIN THE PROPER FUNCTIONING, LACK OF VIRUSES AND SAFETY OF VOUBS, BUT YOU SHALL USE THE SITE AT YOUR OWN RISK. WE PROVIDE VOUBS ON AN AS IS BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT VOUBS WILL ALWAYS BE SAFE, PROTECTED AND ERROR-FREE OR THAT IT WILL ALWAYS FUNCTION WITHOUT INTERRUPTIONS, DELAYS OR PROBLEMS. VOUBS SHALL NOT BE RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING FROM OR RELATING IN ANY WAY TO CLAIMS YOU MAY PUT AGAINST SUCH OTHER PARTIES. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS STATEMENT OR VOUBS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING FROM THIS STATEMENT OR VOUBS, SHALL NOT EXCEED A MAXIMUM OF ONE HUNDRED DOLLARS ($ 100) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES VOUBS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THIS APPLICABLE LAW.
- By "VOUBS" we mean the features and services we make available, including through: (a) our web site at www.VOUBS.com, and any other branded and co-branded with VOUBS websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) add-ons for social networks like button "Like", button "Share" and other similar offerings, and (d) other media, software (such as a toolbar), devices or networks that exist now or will be developed in later.
- By "Platform" we mean a set of API and services (e.g. content) that enable others, including application developers and website operators, to retrieve data from VOUBS or provide us with data.
- By "information" we mean facts and other information about you, including actions taken by users and non-users, interacting with VOUBS.
- By "content" we mean everything that you and other members post in VOUBS, which would not be included in the definition of information.
- By "data", "user data" or "data of a user" we mean any information, including the content or information of a user, which you or third parties can retrieve from VOUBS or submit to VOUBS through the Platform.
- By "post" we mean post in VOUBS or otherwise made available through the use of VOUBS.
- By "use" we mean usage, launching, copying, public performance or display, distribution, modification, translation and creation of derivative products.
- By "active registered user" we mean a user who has entered the VOUBS at least once in the last 30 days.
- By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform, but have not deleted all data from us, the term "application" will apply until you delete the data.