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Your Privacy Rights
Information Collected and Received
Vodii may collect or receive information about each person who registers with the Vodii website and/or applications including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. Vodii also collects information on the pages you access and other information you may volunteer, such as survey information. Vodii may also collect user location information, as further described in the “Global Positioning System” paragraph below.
Uses of Information
WE WILL NEVER SELL YOUR EMAIL ADDRESS, OR ANY OTHER PERSONAL INFORMATION, TO ANY THIRD PARTY WITHOUT YOUR PERMISSION. EVER.
Except as described in this section, we will not disclose your personal information to any third party without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared.
From time to time, we may partner with companies based on the interests of our users. These partner companies will never see your email address or any other information that could identify you or be used to contact you directly.
Any exceptions to this policy of sharing your name, address or email address with a partner company will be done only with your permission.
Vodii reserves the right to disclose information when required by law.
Vodii may use your IP address to help diagnose problems with Vodii’s server and to administer Vodii’s web site. Your IP address may also be used to help identify you and your online profile and to gather broad demographic information.
The Vodii site registration form requires users to give Vodii contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). Vodii uses your contact information from the registration form to send you information about Vodii and promotional material from some of Vodii’s partners. Your contact information may also be used to contact you when necessary. Vodii may use demographic and/or profile data to tailor your experience on the Vodii website and/or applications, show you content that Vodii thinks you may be interested in, and display content according to your preferences. The demographic and profile data will be shared with third parties ONLY on an aggregate basis. Furthermore, Vodii shall have the right to retain records of all data pertaining to use of the website and applications including, but not limited to, usage, activity logs, and click-throughs. Vodii may disclose such data to third parties provided it is grouped with other Vodii users’ data and is presented in an aggregate form.
We may also disclose, on an anonymous basis, statements made by our users.
We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person's personal information from all Vodii systems.
Global Positioning System
Global Positioning System (GPS) tracking technology may need to be enabled in Vodii products and services in order to determine the location (latitude and longitude) of users of the Vodii products and services. This information is transmitted to Vodii, Vodii’s users, and temporarily stored by Vodii. Vodii does not provide this information to any other third party. This information is used in conjunction with Vodii’s applications.
Vodii uses industry-standard technologies when transferring and receiving consumer data exchanged between Vodii and other companies to help ensure its security. This site has security measures in place to protect the loss, misuse and alteration of the information under Vodii’s control. Vodii’s servers are backed up regularly and protected by security systems.
We may use standard Internet technology, such as web beacons and other similar technologies, to track your use on our sites and software. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
We may allow third parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site and/or software. Vodii and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and connect to the Vodii properties and/or software. Our properties do not provide any personal information to these third parties. This information allows Vodii and these companies to deliver targeted advertisements and gauge their effectiveness.
Do Not Track Requests.
Your web browser may have a setting that allows you to automatically send a “Do Not Track” message to the websites you visit. Vodii does not currently have technology to respond to such requests.
Vodii may create links to other web sites. Vodii will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual's right to privacy. However, many other sites that are not associated or authorized by Vodii may have links leading to our site. Vodii cannot control these links and Vodii is not responsible for any content appearing on these sites.
Successors and Assigns
The Vodii site provides users the opportunity to opt-out of receiving communications from Vodii. To opt-out of receiving our communications, you can (i) send email to email@example.com; or (ii) send postal mail to: Vodii, LLC, 11204 Rooney Cove, Suite 201, Austin, Texas 78739.
TERMS OF SERVICE
Please read these terms of service very carefully before registering for the Vodii web site and TxM Service. These terms of service (“Agreement”) govern you accessing content and using vodii.co and its affiliate’s web sites and mobile applications. This Agreement between you (“you”) and Vodii, is subject to change by us as described below. By using this site, or by clicking the “I Accept” button when registering for the TxM Service, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Vodii.
1. This web site and any mobile application (collectively the “Site”) is owned and operated by Vodii, LLC (referred to as “Vodii” herein). The Site and its content (“Content”) and the Vodii TxM service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Vodii or the copyright owner to the fullest extent allowed by law.
2. You acknowledge and agree that Vodii may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vodii’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Vodii when you stop using the Services. You acknowledge and agree that if Vodii disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vodii, unless you have been specifically allowed to do so in a separate agreement with Vodii. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Vodii, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Vodii has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Vodii may suffer) of any such breach.
4. Vodii does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
5. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
6. Vodii reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein. As between the parties, Vodii owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by Vodii from performance and usage data generated through your use of the Site (collectively, “Aggregate Data”). Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data.
7. While Vodii uses reasonable efforts to include accurate and up-to-date information on the Site, Vodii makes no warranties or representations as to its accuracy. Vodii assumes no liability or responsibility for any errors or representations in the Content or this Site.
8. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Vodii is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
9. Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Vodii shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Vodii has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
10. At your discretion, you may provide feedback to Vodii concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Vodii. In the event ownership in the Feedback cannot be granted to Vodii, you grant Vodii at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Vodii may disclose that Feedback to any third party in any manner and you agree that Vodii has the ability to sublicense all Feedback in any form to any third party without restriction.
11. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Vodii may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
12. You shall not transmit to Vodii or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
13. You may not use your username and password for any unauthorized purpose.
14. Vodii may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
15. Vodii does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Vodii. If Vodii discovers that a person under the age of 13 has provided Vodii with any personal information, Vodii will use commercially reasonable efforts to delete such person's personal information from all Vodii systems.
16. Vodii may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
18. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Vodii’ proprietary rights in them.
19. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VODII SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. VODII MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, VODII DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. VODII IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
20. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VODII OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF VODII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. VODII’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF VODII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.
21. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
22. The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Vodii shall not be liable to you for any delay or failure of Vodii to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Vodii. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.