TERMS OF SERVICE
TERMS OF SERVICE
(Last Modified: 10/03/2020)
WELCOME TO VAFFLE!
These terms of service (“Terms of Services”, “Terms”, or this “Agreement”) stipulate the relationship between your use of Vaffle and us, Global Foginfo Technology CO. Limited (“We, Company, Vaffle, or Us”). Vaffle is social network for a vaping community which gathers global vapers and transmits vaping culture. On this application, the users can be a vaping celebrity, share vape tips, meet vape friends, show vape photos or videos, use vape tools, get popular gears, find nearby stores, and more. This application can contain links or provide access to other Internet sites (third party sites). By using Vaffle applications, Vaffle websites, or any of our services made available by Vaffle, however accessed, that link to these Terms (we refer to these simply as the “Services”, or “Vaffle Services”), you agree to these Terms. Therefore, if you do not agree to be bound by any of the provisions of these Terms of Service, please do not access or use the service.
WHO CAN USE THE SERVICES
NO ONE UNDER AGE OF 21 IS ALLOWED TO CREATE AN ACCOUNT OR USE THE SERVICES. Some jurisdictions may have regulations requiring you to be even older to use them. You may not be a person who is prohibited from receiving the Services under the laws of the United States or any applicable jurisdictions that you are governed under. Also:
We must not have previously disabled your account for violation of law or any of our policies.
You can form a binding contract with us
You plan to and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you must be authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
You must not create accounts with Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Our APP is not an electronic cigarette products sales platform, and any entity is prohibited from using our APP to sell electronic cigarette products. When users sell electronic cigarette products in our APP, we shall deal with them as soon as the behavior is found or there are complaints from users. The electronic cigarette products sales behavior here refers to the completion of ordering, making payment, and delivering of electronic cigarette products through our APP, for example, users directly display links to electronic cigarette products sales platforms.
Rights We Give You and Subject Matter
These Terms of Service is a legally bound agreement between you and Us, the subject matter of which is grant you access to our Services through use of Vaffle and its functionality.
We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow. For the avoidance of any doubt, the license does not allow commercial or any other ways of use of the intellectual property of Vaffle, not required for your access and use of the Services.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Rights You Give Us
Our Services may let you create, upload, post, share, send, receive, and store content. When you do so, you retain the ownership rights in that content you had to begin with. However, you give Vaffle the right to access and use the Content by copying, storing, giving access to it, solely for the purposes of operating the Services and further promoting, improving the Services. Such use of the Content is not a violation if your right to the Content. You also grant to users you disclose your content to non-exclusive, non-transferable, revocable, non-sub licensable limited license to your content for the purposes of use by of the Services (for example, for reposting and other features).
By using our Services, you give your express consent for the advertisements within the Service. Our Services may contain advertisements. You agree that we, our affiliates, and/or our third-party partners may place advertising on the Services. You agree that Vaffle may place such advertising and promotions on the service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. We may not always identify paid services, sponsored content, or commercial, communications as such.
You agree that we use the content we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.
No Medical Advice
We do not provide medical advice. The contents on Vaffle, such as images, text, graphics, videos, information obtained from our licensors and other users, and other material contained on our Vaffle app or website (collectively, “Content”) are not for medical purpose. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We are not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App or on the Site. We do not recommend or endorse any specific articles, review, news, opinions, or other information that may be mentioned or shared on Vaffle. Reliance on any information provided by other us, our employees, advertisers, other users, guests, or visitors on Vaffle, is solely at your own risk.
Your Representations, Promises, and Responsibilities
You represent and warrant that: (i) you own the content posted by you on or through the service or otherwise have the right to grant the rights and licenses set forth in these terms of service; (ii) the posting and use of your content on or through the service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the service; and (iv) you have the legal right and capacity to enter into these terms of service in your jurisdiction.
You represent and warrant you are over 21 years old.
By accessing or using our Service you represent and warrant that your activities are lawful in any jurisdiction where you access or use the Service.
You may not post Objectionable, Inappropriate and Prohibited Content (you can see the definition in the Feedback/Complaint Removal Regulations via the Service, such as violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content distribution of which is prohibited by Federal Law No. 149-FZ “On Information, Information Technologies and Protection of Information” dated July 27, 2006 (“Law on Information”), the Civil Code of Russia or other laws and regulations of the Russian Federation or other jurisdictions where you use the Services, etc.
You will not solicit, collect or use the login credentials of other Vaffle users.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You must not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the service and your content, including but not limited to copyright laws.
You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Serviced or Vaffle.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications to any Vaffle users.
You must not interfere or disrupt Services or servers or networks connected to Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Vaffle page is rendered or displayed in a user’s browser or device.
You must not attempt to restrict another user from using or enjoying the service and you must not encourage or facilitate violations of these terms of service or any other Vaffle terms.
You are prohibited from crawling, scraping, caching or otherwise accessing any content on the service via automated means, including but not limited to, user profiles and photos except as may be the result of standard search engine protocols or technologies used by a search engine with Vaffle’s express consent.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You also represent that all information you provide or provided to Vaffle upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You are responsible for all data charges you incur through use of the service.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the service.
With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Vaffle prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
You will not mislead other users in respect of your age, personality, etc.
You will not collect and process personal data of other users if you have no legitimate reasons to do so.
You will not make spamming of other users through the Service.
OTHER GENERAL CONDITIONS
Rights We Retain
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Vaffle account by contacting us. If we terminate your access to the service or you deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the service (e.g., if your content has been re-shared by others).
We reserve the right to refuse access to the Service, at our sole discretion, to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms of Service.
As an independent information intermediary platform, we reserve the right to audit the compliance of the content through automatic or manual screening and take relevant measures.
Violation of any Terms of Service may, at Vaffle’s sole discretion, result in termination of your Vaffle account. You understand and agree that Vaffle cannot and will not be responsible for the content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these terms of service, or otherwise create risk or possible legal exposure for Vaffle, we can stop providing all or part of the service to you.
Upon termination, all licenses and other rights granted to you in these terms of service will immediately cease.
Intellectual Property Rights
The service contains content owned or licensed by Vaffle (“Vaffle content”). Vaffle content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Vaffle, Vaffle owns and retains all rights in the Vaffle content and the service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Vaffle content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Vaffle content.
The Vaffle name and logo are trademarks of Vaffle, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vaffle, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Vaffle, and may not be copied, imitated or used, in whole or in part, without prior written permission from Vaffle.
We grant you no use rights in respect of the Vaffle content, except limited right to use Vaffle apps for the purposes of use of the Services as provided above in these Terms of Service.
The Service may include content IP rights to which belong to third parties. You are obligated to observe the IP rights of third parties and may not use their content, unless expressly allowed by such third parties and on conditions stipulated by them. We respect other people’s rights, and expect you to do the same.
To report an intellectual property rights infringement, please contact us. We will review your claim in accordance with the Feedback/Complaint Removal Regulations.
If you repeatedly infringe other people’s intellectual property rights or post Objectionable, Inappropriate and Prohibited Content, we will remove the illegally, objectionable, inappropriate and prohibited Content, and may also restrict the user’s ability to post on VAFFLE or blocked the user’s account when appropriate.
The service, including, without limitation, Vaffle content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Vaffle nor its parent company nor any of their employees, managers, officers or agents (collectively, the “Vaffle parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Vaffle content; (c) user content; or (d) security associated with the transmission of information to Vaffle or via the service. In addition, the Vaffle parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Vaffle parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The Vaffle parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The Vaffle parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Vaffle parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of service.
The Vaffle parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
The Vaffle parties do not pre-screen review, moderate and take no obligations to do so in respect of the content posted by other users in terms of legality or usefulness of such content and are not responsible for the content, including for its legality, usefulness, etc. If you copy or otherwise use such content, you do it solely at your own risk.
There may be links from the service, or from communications you receive from Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the service. Vaffle Services may also include third-party content that we do not control, maintain or endorse. Functionality on Services may also permit interactions between Vaffle Service and a third-party web site or feature, including applications that connect our Service or your profile on the service with a third-party web site or feature. For example, Vaffle Services may include a feature that enables you to share content from Vaffle Services or your content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Vaffle does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Vaffle is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect Vaffle or your profile on the service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on Vaffle Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Vaffle has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Vaffle Parties harmless for activity related to the Application.
Limitation of Liability
Under no circumstances will the Vaffle parties be liable to you for any loss or damages of any kind that are directly or indirectly related to: (a) the Service; (b) the Vaffle content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Vaffle parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Vaffle parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the Vaffle parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the Vaffle parties total liability to you for all damages, losses or causes or action.
You agree that in the event you incur any damages, losses or injuries that arise out of Vaffle’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Vaffle parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Vaffle parties.
You agree that Vaffle is not responsible for, and does not endorse, content posted within the Service. It is an obligation of each user, including you, to provide legally of the content posted within the Service. Vaffle does not have any obligation to prescreen, monitor, edit, or remove any content, but we reserve the right to audit the compliance of the content through automatic or manual screening and take relevant measures. If your content violates these Terms of Service, you may bear legal responsibility for that content.
Vaffle is not 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 out of or in any way connected with any claim you have against any such third parties.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Vaffle is not responsible or liable for the conduct of any user. Vaffle reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
Although it is Vaffle’s intention for the Services to be available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Vaffle reserves the right to remove any content from the service for any reason, without prior notice. Content removed from the service may continue to be stored by Vaffle (provided that storage is compliant with privacy, personal data protection and other laws), including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Vaffle encourages you to maintain your own backup of your content. In other words, Vaffle is not a backup service and you agree that you will not rely on the service for the purposes of content backup or storage. Vaffle will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
You (and also any third party for whom you operate an account or activity on the service) agree to defend (at Vaffle’s request), indemnify and hold the Vaffle Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the service or those conducted on your behalf): (i) your content or your access to or use of the service; (ii) your breach or alleged breach of these terms of service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Vaffle in the defense of any claim. Vaffle reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Vaffle.
Dispute Resolution – How We Will Handle Disputes
Except as provided below, you agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Vaffle ("claim(s)") must be resolved by arbitration through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules (“Arbitration”) on an individual basis. Class actions and class arbitrations are not permitted; you and Vaffle may bring a claim only on your own behalf and cannot seek relief that would affect other Vaffle users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Other than arbitration, either you or Vaffle can bring the claim in your local "small claims" court, if the rules of that court will allow it. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You hereby expressly waive a trial by jury.
Some of the claims don't have to be arbitrated and may be brought in the court: Intellectual Property related dispute, disputes related to violations of our Feedback/Complaint Removal Regulations, or your engagement with the Services in unauthorized ways. Additionally, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, which can be available HERE as of the date of these Terms. The place of arbitration shall be Los Angeles County. The language of the arbitration shall be English.
You can opt out of this provision within 30 days of the date that you are subject to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Global Foginfo Technology CO. Limited. :19H Maxgrand Plaza, No.3 Tai Yau Street, San Po Kong, Kowloon Hong Kong, CHINA.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Instagram account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Global Foginfo Technology CO. Limited. :19H Maxgrand Plaza, No.3 Tai Yau Street, San Po Kong, Kowloon Hong Kong, CHINA.
Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Instagram account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in Los Angeles County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
Entire Agreement. These terms of service constitute the entire agreement between you and Vaffle and govern your use of the service, superseding any prior agreements between you and Vaffle. You will not assign the terms of service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Vaffle. Any purported assignment or delegation by you without the appropriate prior written consent of Vaffle will be null and void. Vaffle may assign these terms of service or any rights hereunder without your consent. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these terms of service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the terms of service remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the terms of service. These terms of service do not confer any third-party beneficiary rights.
Severability. This Terms of Service operates to the fullest extent permissible by law. If any provision or part of a provision of this Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Territorial Restrictions. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vaffle to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Vaffle provides.
No Third-Party Beneficiaries. The Agreement is between you and us. There are no third- party beneficiaries to the Agreement.
Updating These Terms
We reserve the right, in our sole discretion, to revise and modify these terms of service from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the updated terms become effective. You agree that we may notify you of the updated terms by posting them on the service, and that your use of the service after the effective date of the updated terms constitutes your agreement to the updated terms. Therefore, you should review these terms of service and any updated terms before using the service. The updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms, and will apply to your use of the service from that point forward. These terms of service will govern any disputes arising before the effective date of the updated terms.
Contact us. If you have any questions regarding this Terms of Service, or would like more information from us, please contact us at email@example.com
HongKong Office: Global Foginfo Technology CO. Limited
19H Maxgrand Plaza, No.3 Tai Yau Street, San Po Kong, Kowloon
Hong Kong, CHINA