(24th February 2016)
This End User License Agreement ("EULA") constitutes and governs the contractual relationship between the parties; "Vezu.me & Vezume.co", a fully owned brand of Array Innovative Services Pvt Ltd and you, an individual, group, entity or organization ("User"). By using Vezu.me & Vezume.co, its services, offerings, application, or any other feature, Users confirm that they accept and agree with all the terms and conditions and unconditionally accept all the terms described in this EULA. If you do not agree with the entire agreement, you are obliged to leave the site immediately.
1.1. “User” means you, an individual, group or organization that has signed up, or not and visiting or viewing the information on Vezu.me & Vezume.co. Visiting the Vezu.me & Vezume.co site will be considered as an agreement to the terms of this Agreement.
1.2. “User Data” means any information or data about Users (to include their staff, institutions, organizations previous or past, customers or suppliers, as applicable), that is supplied to Vezu.me & Vezume.co by or on behalf of any User in connection with the Services, or which Vezu.me & Vezume.co is required to access, generate, process, store or transmit pursuant to this Agreement, including (but without limitation) information about Users’ respective data, devices, computers and use of the Services.
1.3. “User Personal Data” means any User Data that might include but not limited to personal information.
1.4. “Vezu.me & Vezume.co” means all proprietary applications (available on Computers, iPhone, Android, Palm, Blackberry, Windows Mobile and any other application) used in providing the Services, and any updates, fixes and/or patches developed from time to time.
1.5. “Fees” means the applicable fees as set forth or might be set forth on Vezu.me & Vezume.co.
1.6. “Intellectual Property Rights” means all patents, registered designs, unregistered designs, design rights, utility models, software, hardware, UI, database rights, copyright and other similar statutory rights, trade mark, service mark and any know how relating to algorithms, drawings, tests, reports and procedures, models, manuals, formulae, methods, processes and the like (including applications for any of the preceding rights) or any other intellectual or industrial property rights of whatever nature in each case in any part of the world and whether or not registered or registerable, for the full period and all extensions and renewals where applicable.
1.7. “Payment Schedule” means the schedule selected by User for payment of Fees (on either an order webpage, app or an attached Order Form), which may be either monthly by credit/debit card, transfers or any legally accepted payment method, annually or multi-year and invoiced in advance, with payment due within the stipulated time from receipt of invoice.
1.8. “Services” means usage of features products and services that are ordered by and/or made available to Customer under a free trial or an Order Form and made available online by Vezu.me & Vezume.co, including associated offline components, if any.
1.9. “Software” means the integrated Vezu.me & Vezume.co application.
1.20. “Term” means the subscription term indicated on the Order Form and any subsequent renewal terms.
Our mission is to create a profile engine and an online resume builder for users to allow them to share their professional and personal information along with their work efficiently.
3.1. Subject to and conditioned on full compliance with all terms and conditions of this Agreement, Vezu.me & Vezume.co grants Users a non-exclusive, non-sub licensable, non-transferrable to access and use the Services, along with any Documentation, templates or designs as Vezu.me & Vezume.co may make available from time to time.
3.2. The Services are subject to modification from time to time at Vezu.me & Vezume.co’s sole discretion. User consent will not be required for any modifications undertaken.
3.3. Vezu.me & Vezume.co will make the Services available and reserves the right to suspend Users access to the Services: (i) for scheduled or emergency maintenance, (ii) in the event User is in breach of this Agreement, including failure to pay any amounts due to Vezu.me & Vezume.co, and fails to correct that breach within the applicable cure period (iii) is reasonably necessary to respond to any actual or potential security concerns or (iv) based on Vezu.me & Vezume.co’s reasonable belief that the User has breached the agreement of the Services, interfering with use by other users or are violating applicable laws, rules or regulations.
3.4. Vezu.me & Vezume.co will collect certain information about its Users as well as their respective devices, computers and use of the Services. However, Vezu.me & Vezume.co will not be responsible for any breach, loss or distribution of such information.
3.5 Vezu.me & Vezume.co takes no responsibility nor offers any warranty about the information being uploaded by Users, or of any individual or organization that views or uses the data to contact a User/s or make any decision based on the available data.
3.6 Vezu.me & Vezume.co will not be responsible for any loss of data due to reasons beyond control. Users will indemnify Vezu.me & Vezume.co for any loss of data.
3.7. Any delay or failure in the performance of Vezu.me & Vezume.co due to Force Majeure or any technical issues will not be considered a breach of this Agreement.
4.1. Except as expressly set forth herein, Vezu.me & Vezume.co alone will be the sole owner of all Intellectual Property Rights relating to the Services or the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Users or any third party relating to the Services and/or the Software. Users will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. As between the parties, Vezu.me & Vezume.co will own all performance data, all other forms of aggregated information, and all de-identified data relating to any User and/or the Services. This Agreement is not a sale and does not convey to Users any rights of ownership in or related to the Services or Software, or any Intellectual Property Rights. Any infringement will attract penalties as per prevailing laws.
4.2 All information, process, software features, UI/ UX / design, flow, idea, product, and all other but not limited to related items that users will experience or view in the Vezu.me or Vezume.co system is confidential and proprietary information of Vezu.me and Vezume.co. Under any circumstances this agreement prohibits users or any other entity from disclosing the same to any other third party. This agreement also prohibits users or any other related third party to copy, distribute, reengineer any features and all of the items stated above. Users also agree that they will not breach the intellectual property clause by trying to take screen shots, copying code or reengineer the software in part or wholly.
5.1 For the purposes of the Data Protection Laws, as between User and Vezu.me & Vezume.co, the parties agree that Users shall at all times be the data provider and Vezu.me & Vezume.co shall be only a platform with respect to the storing, accuracy and sharing of Users Personal Data be it IP protected or Copy Right in connection with this Agreement. Vezu.me & Vezume.co will not be liable for any misuse, 3rd party infringement or public sharing of Users Personal or professional Data. Users indemnify Vezu.me & Vezume.co from all legal or other limitations.
5.2. By entering into this Agreement, Customer agrees that Vezu.me & Vezume.co may collect, retain and use certain Customer Personal Data (which may include, without limitation, names, mobile telephone numbers, IP addresses and email addresses of Users) in connection with the Services. While Vezu.me & Vezume.co will take all necessary precautions, it will not be liable for any leak of personal information and stands indemnified in all respects.
5.3. Some User data may need to be shared for legal purposes. Users permit Vezu.me & Vezume.co to at its discretion share information with compliance and legal institutions if asked for.
5.4. If you believe there has been any infringement with your account, you can write to us at email@example.com. We will look into your complaint and seek remedial measures. However, Vezu.me & Vezume.co stands completely indemnified by Users in the event of any infringement or delays in amending Users account status.
5.5. Vezu.me & Vezume.co holds the right to block, temporarily or permanently Users account, if it believes that there is credible proof of misuse, unacceptable activity, cross selling or using of the Vezu.me & Vezume.co platform to support 3rd party business activities, failure to renew account, or is seen to breach accepted terms and conditions.
6.1. This policy is applicable to all Vezu.me & Vezume.co services. Vezu.me & Vezume.co follows globally accepted anti spamming policies and will take corrective action, legal or otherwise should there be any incident of spam activity on its platform.
Users own all of the content, feedback, and personal information they provide to Vezu.me & Vezume.co, but users also grant us a non-exclusive license to it. All data provided by the user will be in the public domain and everybody can have access to the same Users promise to only provide information and content that they have the right to share, and that user's Vezu.me & Vezume.co profile will be truthful.
As between users and Vezu.me & Vezume.co, users own the content and information that they submit or post to the Services and users are only granting Vezu.me & Vezume.co the following non-exclusive license: A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that user's provide through our Services, without any further consent, notice and/or compensation to users or others. These rights are limited in the following ways:
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. To the extent allowed under law, Vezu.me & Vezume.co (and those that Vezu.me & Vezume.co works with to provide the services) (a) disclaim all implied warranties and representations (e.g. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
Vezu.me & Vezume.co shall not be liable to Users for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content). These form part of the basis of the bargain between Vezu.me or Vezume.co and Users and shall apply to all claims of liability.
10.1.0. User Responsibilities
10.1.1. Users may only use the Services in accordance and as explicitly set forth in this Agreement. Users will cooperate with Vezu.me & Vezume.co in connection with the performance of this Agreement as may be necessary, which may include making available such personnel and information as may be reasonably required to provide the Services or support.
10.1.2. Use of the Services may require Users to install the Vezu.me & Vezume.co app on their mobile devices. Such use shall be subject to the terms of the EULA. In addition, third party terms may apply with respect to third party products and software accessible via the Services and with respect to devices using third party operating systems or software or in the event that Vezu.me & Vezume.co is downloaded from third party sites (collectively, “Third Party Services”), Users access and use of Third Party Services is governed solely by the terms and conditions of such Third Party Services. Vezu.me & Vezume.co does not endorse, is not responsible or liable for, makes no representations or warranties and provides no indemnification with respect to any aspect of the Third Party Services, notwithstanding anything in this Agreement to the contrary. Users agree to waive any claim against Vezu.me & Vezume.co with respect to the Third Party Services. Vezu.me & Vezume.co is not liable for any damage or loss caused or alleged to be caused by or in connection with enablement, access or use of any such Third Party Services, or Customer’s reliance on the privacy practices, data security processes or other policies of such Third Party Services. Vezu.me & Vezume.co does not provide support or assistance with respect to the Third Party Services. Users may be required to register for or log into such Third Party Services on their respective computers or apps.
10.1.3. Users will generate user names, password and other login information to access Vezu.me & Vezume.co. This information may include personal information (such as email address, and/or phone number) regarding the Users, and Vezu.me & Vezume.co. The responsibility of safe custody for all log- in details rests with the Users. Vezu.me & Vezume.co will not be responsible for any data loss, misuse of data or any consequences from the non compliant use of details. However, Vezu.me & Vezume.co on its part will take all necessary precautions to ensure that there is no misuse of information and will be indemnified by users in case there is any leak of data/information.
10.1.4. Users will be responsible solely, for activating the privacy settings if they do not want to share their details with others. Vezu.me & Vezume.co shall not be responsible for data being accessed, even if the privacy features are in place.
10.1.5. Irrespective of using the privacy settings, a brief profile will be visible at all times. Paid users will have access to all Vezu.me & Vezume.co profile, irrespective of the settings.
10.1.6. All Users confirm that they are not minors, or not limited in any manner to understand and comply with the terms and conditions. Vezu.me & Vezume.co will not be liable for any unlawful usage of its services.
10.1.7. Users will not, nor allow any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services, Software, or any data related to the Services (except to the extent such prohibition is contrary to applicable law that cannot be excluded by the agreement of the parties); modify, translate, or create derivative works based on the Services or Software; share, rent, lease, loan, resell, sublicense, distribute, use or otherwise transfer the Services or Software for timesharing or service bureau purposes or for any purpose other than its own use; or use the Services or Software other than in accordance with this Agreement and in compliance with all applicable laws and regulations (including but not limited to any Indian privacy laws and intellectual property laws).
10.1.8. Subscription Users will pay Vezu.me & Vezume.co the Fees plus all applicable taxes and transaction costs based on their billing cycle. These users will be given access to Vezu.me & Vezume.co features based on the package selected.
10.1.9. Non paying users, will not be charged by Vezu.me & Vezume.co, but will be given access to limited features. Access to features will be at the sole discretion of Vezu.me & Vezume.co.
10.1.10. Users will disclose confidential information, samples of work, videos’ audio’s etc. in Vezu.me & Vezume.co . Some or all of the information may be confidential, IP protected or data protected. Vezu.me & Vezume.co takes no responsibility for the misuse, reuse or infringement of any data or information uploaded by Users. Vezu.me & Vezume.co stands totally indemnified in all respects.
10.2.1. Vezu.me & Vezume.co may collect and process information about the User’s computer, log files, including IP-address, type of operating system, browser and e-mail client, information about the traffic, date and time, details of visits, user activity, information about accesses, settings, system notifications. This information about the Users’ actions in Vezu.me & Vezume.co, is collected and stored for the purposes of systems administration, ensuring due functioning of Vezu.me & Vezume.co, for the purposes of safety and strengthening of protection and ensuring system integrity (prevention of hacker attacks, unauthorized access.
10.2.3. Vezu.me & Vezume.co may also allow certain third parties to put and make use of their own web performance (analytics) and advertisement cookies on the User’s equipment and to collect information from Vezu.me & Vezume.co cookies, for the purposes of storage and analysis of information about the Users’ preferences and to improve the quality of services. At this case such third parties are bound by this Policy.
11.1 Do's - Users agree to at all times;
11.2 Don'ts - Users agree that they will not:
The user agreement between Vezu.me & Vezume.co and a user will terminate on completion of the service term, violation by the User of agreed terms and conditions, User decides to close account, both parties i.e. Vezu.me & Vezume.co and User agree to mutually close the business relationship. However, the agreement for the information usage, proprietary information, process, UI, code and software features remains applicable. Users will not be able to copy, reengineer, distribute any of the software features or ideas in the future.
10.1. Vezu.me & Vezume.co will use certain data related to Users for publicity and marketing purposes. This may continue during the term of the agreement or post termination of the agreement.
10.2. On termination, Users will have no claim over IP, copyright or any data uploaded on Vezu.me & Vezume.co.
10.3. This Agreement is not assignable, transferable or sub licensable by User.
10.4. Even after termination the user may not violate the Intellectual Property Ownership clause (4).
The jurisdiction for any disputes will be Kolkata India and resolved through arbitration and in accordance with the laws of India.
Vezu.me & Vezume.co holds the right to change or amend the terms and conditions at any point of time.