VocaTales.com (the "Website") is owned and operated by VocaTales, Inc ("VocaTales," "we" or "us").
The Website offers a platform to our users that allows you to create and share stories developed from segments of vocabulary words to help learn and remember new vocabulary. The Website allows users to interact with the VocaTales community, including liking, sharing, following, saving, and commenting on other users’ stories. We provide a platform for sharing stories only and disclaim all liability, to the extent allowed by law, with respect to the content and information shared by our users (collectively, "User Content").
VocaTales does not endorse any User Content, and VocaTales makes no guarantee, express or implied, that any information provided by any user is accurate or will lead to or further any specific educational outcome.
You agree that you are solely responsible for your interactions with any other users through the Website, and that VocaTales will have no liability or responsibility with respect thereto.
The Website is intended to share unique user-developed stories. This Website may contain profiles, content feeds, photos, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display (hereinafter, "post") User Content provided by themselves or other Website users through the Website.
Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content, you grant us and our service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including advertising and promotional activities and/or any other commercial purpose, and without any right of compensation to you or any third party.
You represent and warrant that:
You understand and acknowledge that you are responsible for what you post on the Website. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.
Additionally, you agree not to:
We reserve the right to withdraw or amend the Website and any service or materials we provide on the Website in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You are responsible for all activities conducted by any person accessing the Website on your behalf or using your account, even if you are not the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer or devices.
You may not use or otherwise export or re-export the App except as authorized by applicable law. Without limiting that statement, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use our services for any purposes prohibited by applicable law.
The Website and its entire content, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by VocaTales, our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
We have the right to:
However, we cannot/do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Website may display, include, or make available third party content, or provide links to sites and resources provided by third parties, including links contained in advertisements, banner advertisements and sponsored links and images from Tenor ("Third Party Materials"). These Third Party Materials are provided for your convenience only. We have no control over any Third Party Materials and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Materials, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Materials. Under no circumstances will VocaTales be liable to you or any person in respect of any content, advertising, products, services or other tools or features available on or derived from any third party site.
In addition, the Website may provide certain social media features that enable you to:
We may disable all or any social media features and any links at any time without notice in our discretion.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, DEVICE OR COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VOCATALES NOR ANY PERSON ASSOCIATED WITH VOCATALES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VOCATALES NOR ANYONE ASSOCIATED WITH VOCATALES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VOCATALES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL VOCATALES, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY CLAIM, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE. THAT SAID, VOCATALES’ TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION RELATED TO YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) $100.00, OR (B) THE AMOUNT YOU PAID TO VOCATALES IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AND VOCATALES HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT PERMITTED.
This Website is operated by VocaTales, Inc. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.