ViralMD TERMS OF USE

Welcome to www.ViralMD.com. The ViralMD website (the “Site”) as well as any mobile apps (the “Apps”) that may be downloadable through this site or otherwise are owned by and operated by ViralMD, Inc.(“ViralMD”). ViralMD’s main products, its Apps, allow for customized, secure and private photo sharing. Any and all use of the Site and the Apps, are governed by these terms and conditions. By visiting the Site or downloading the Apps, you accept without modification these terms, conditions and notices contained herein (‘Terms”).

Communications
By visiting the Site, sending emails, and/or using the Apps, constitutes electronic communications. By doing so, you consent to receive such electronic communications and you agree that all communications we provide to you (emails, notices, agreements, disclosures, etc.) via electronic methods, satisfy and comply with any legal requirements that such communications be in writing.

Privacy
ViralMD respects your privacy. Your use of the Site and/or Apps is also subject to ViralMD’s Privacy Policy. Please review this policy, which also governs the use and access of the Site and Apps, and informs users of our data collection practices.

Account
As a user of the Site and Apps, you are responsible for all information that may be confidential, such as your account ID and password. You are also responsible for preventing unauthorized access to your computer and by using our Site and Apps, you hereby accept responsibility for all activities that occur under your account. Your account is not transferable. You acknowledge that ViralMD is not responsible for third party access to your account that may occur as a result of theft, misuse, or misappropriation of your account ID and password. ViralMD, as well as its third party partners and affiliates reserve the right to refuse access or cancel service, or terminate your account, or remove and/or edit content in ViralMD’s sole discretion, without notice to you.

ViralMD does not knowingly collect, either online or offline, personal information from underage persons. If you are under the age of thirteen (you may use the Site and Apps only with the permission of a parent or guardian.

Links to third party sites/Third party services
The Site and Apps may contain links to other website and apps (“Linked Sites”) which are third party sites not affiliated or owned by ViralMD. These Linked Sites are not under ViralMD’s control and as such ViralMD is not responsible for the content of any Linked Sites. This includes any link contained within a Linked Site. ViralMD provides these Linked Sites only as a convenience to the user and ViralMD does not endorse any particular Linked Sites.

Some services or information made available via the Site and Apps may be delivered by third party sites and organizations. By using the Site and Apps, you agree and acknowledge that ViralMD may share such information and data with third parties with whom ViralMD may have a contractual relationship.

Prohibited UseBy using the Site and Apps, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Apps in accordance with these terms of use. You warrant to ViralMD that you will not use the Site and Apps for any purpose that may be illegal or prohibited by these terms and conditions, which includes, but not limited to, the use of the Site and Apps in any way that impedes, violates, or interferes with the right of any other user’s right of enjoyment to access and use the Site and Apps. You agree not to obtain or attempt to obtain any information from the Site or Apps, through means other than those properly provided through the Site and Apps and generally available to everyone else.

You explicitly agree not to post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site and Apps. Furthermore, ViralMD reserves the right to, unilaterally and without notice to you, remove offensive content from the Site and Apps, and ultimately, the right to disable any account that repeatedly disregards this policy.

Intellectual Property
All content in the Site and Apps, including but not limited to, text content, logos, images, graphics, software used on the Site and Apps, are the property of ViralMD or its third party suppliers or affiliates and partners, and are protected by applicable intellectual property rights including, but not limited to, copyright laws. You agree to abide by all such applicable intellectual property laws.

By using the Site and Apps, you agree not to edit, modify, re-publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site and Apps. You agree to use the protected content found on the Site and Apps solely for personal use, and you agree not to use the Site and Apps in any other way, unless you obtain express written consent from ViralMD and/or applicable third party affiliates, suppliers or partners. You also agree that you do not acquire any ownership right whatsoever, in the protected content found on the Site and Apps. By using the Site and Apps, ViralMD does not grant you any licenses, express or otherwise, to the intellectual property of ViralMD or any third party suppliers, affiliates or partners.

By using the Site and Apps, you also agree that you will not upload any materials, or engage in any activity, which may violate the intellectual property rights of others, including, but not limited to, patents, trademarks, copyrights, trade secrets, etc. Should ViralMD be forced to defend any actions, legal or otherwise, as a result of your use and actions, you agree to fully indemnify ViralMD, which includes, but is not limited to, paying for legal fees.

Use of Communication Tools
The Site and Apps may contain certain public communication forums such as bulletin board services, chat areas, news groups, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Tools”). By using these Communication Tools, you agree to use them only to post, send and receive messages and material that are proper and related to the particular Communication Tool. You agree not to use any Communication Tools to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Tool that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Tool; violate any code of conduct or other guidelines which may be applicable for any particular Communication Tool; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

ViralMD has no obligation to monitor any Communication Tools and the communications occurring or exchanged between users in their respective Communication Tools. As such, ViralMD does not control or endorse the content, messages, communications or information found in any Communications Tools. As such, ViralMD specifically disclaims any liability with regard to the Communications Tools and any actions resulting from your participation in any Communications Tool. However, ViralMD does reserve the right to review any communications posted to its Communication Tools and reserves the right to terminate any access to any or all of the Communications Tools at any time without notice for any reason.

ViralMD reserves the right to disclose any and all information contained with the Site and Apps, including those in Communication Tools, to comply with any applicable laws, regulations, legal procedures, upon governmental requests, or to edit and refuse to edit or post to remove any communications or materials in its own discretion, without notice to you.

ViralMD does not claim ownership of the materials or information you provide to the Site and Apps (including feedback and suggestions). However, by posting, uploading, inputting, providing or submitting your information and materials, you are granting ViralMD, its third party suppliers, affiliates and partners, the necessary permissions and licenses to use your information and materials in connection with its ordinary course of business, including but not limited to: copying, distributing, transmitting, publicly displaying, reproducing, editing, translating and reformatting the information and materials you submit to the Site and Apps including to its Communications Tools. In doing so, you understand and agree that no compensation will be paid to you in any form. ViralMD is under no obligation to post or use any information or materials you may provide and may remove any information and materials at any time in ViralMD’s sole discretion without notice to you.

By posting, uploading, inputting, providing or submitting content and materials to the Site and Apps, including the Communication Tools, you warrant and represent that you own or otherwise control all of the content and materials, as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and materials.

International Access
The Site and Apps are controlled, operated and administered by ViralMD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site and Apps in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless ViralMD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Apps, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ViralMD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ViralMD in asserting any available defenses.

DISCLAIMER
ALL INFORMATION PROVIDED AND INCLUDED ON THE SITE AND APPS OR MADE AVAILABLE THROUGH THE SITE AND APPS MAY INCLUDE INACCURACIES, INCOMPLETENESS AND TYPOGRAPHICAL ERRORS. ViralMD DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED IN THE SITE AND APPS, INCLUDING THE COMMUNICATION TOOLS. ViralMD, AND THROUGH LIKED SITES, MAY MAKE CHANGES TO INFORMATION AND UPDATE INFORMATION. NO GUARANTEES OR REPRESENTATIONS ARE MADE AS TO THE ACCURACY, SUITABILITY, RELIABILITY, AVAILABILITY, AND TIMELINESS OF THE INFORMATION. ALL INFORMATION, SOFTWARE, THIRD PARTY GRAPHICS, LINKED SITES, RELATED PRODUCTS AND SERVICES, ARE ALL PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITED UNDER APPLICABLE LAWS, IN NO EVENT SHALL ViralMD, INC. AND/OR ITS SUPPLIERS AFFILIATES OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND APPS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR APPS, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR APPS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ViralMD, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination
ViralMD reserves the exclusive right, in its sole discretion, to terminate access to the Site and Apps to any user, without notice and at any time. To the maximum extent permitted by law, these terms and conditions are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of the courts of California in all disputes arising out of or relating to the use of the Site and Apps. Use of the Site and Apps is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no business or agency relationship of any kind is created by your use of the Site and Apps. This includes joint venture, partnership, employment or any agency relationship. Should any part of these terms and conditions be deemed invalid and unenforceable by a court of law having proper jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ViralMD with respect to the Site and Apps and it supersedes all prior agreements, terms, and conditions, whether electronic, oral or written, between the user and ViralMD with respect to the Site and Apps. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
ViralMD reserves the right, in its sole discretion, to change the Terms under which the Site and Apps is offered, without notice to you. The most current version of the Terms will supersede all previous versions.

Contact Us
ViralMD, Inc.
Email: [email protected]